Terms of Use
(Last Revised October 7, 2022)
These terms of use (these “Terms of Use”) describe the terms and conditions governing your use and interaction with ip-launch.com (the “Site”), owned and operated by Bensussen Deutsch & Associates, LLC (“BDA LLC”, “we” or “us”). Before you (“User” or “you”) start using the Site, please read these Terms of Use carefully.
Accessing or using this Site constitutes acceptance of these Terms of Use, as revised by BDA LLC from time to time, and is a binding agreement between you and BDA LLC.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE.
By using the Site and agreeing to these Terms of Use, you are granting certain rights to BDA LLC and limiting certain rights you may have relative to BDA LLC. Among other provisions, these Terms of Use contain age restrictions, grant of license rights for User submitted content, and disclaimers limiting any potential liability you may claim against BDA LLC.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Site and apply to all access to and use of the Site thereafter. Your continued use of the Site after changes to these Terms of Use are posted on the site constitutes your acceptance of such changes.
Use of Site
Unless otherwise indicated, the Site and all content and other materials on the Site, including the Idea Planet/BDA LLC logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the property of BDA LLC, or our licensors, and are protected by U.S. and international copyright and/or other intellectual property laws. No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
You are granted a limited, non-exclusive, and non-sublicensable license to access and use this Site and to print and download material from this Site solely for your informational, non-commercial, and personal use. This limited license does not include:
Any right to resell or commercially use any portion of the Site, or to republish online or offline;
Any right to distribute, publicly perform, or publicly display any portion of the Site;
Any right to modify or otherwise make derivative uses of any portion of the Site;
Any right to download (other than page caching) any portion of the Site, except as expressly permitted on the Site; or
Any use of the Site, or any materials included on the Site, other than for its intended purposes.
Any rights not expressly granted in these Terms of Use are reserved by BDA LLC. BDA LLC does not grant any license to intellectual property rights held by BDA LLC or not, whether by estoppel, implication, or otherwise, and at any time can revoke the limited license it does grant.
Age Restriction on Use of Site
The Site is not targeted towards, nor intended for use by, anyone under the age of 14. YOU MUST BE AT LEAST 14 YEARS OLD TO ACCESS AND USE THIS SITE. If the User is between the ages of 14 and 18, he or she may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Users may not submit any information about or information identifying children in any way. Please notify us immediately if you have reason to believe that any users of the Site are under 14.
User’s Submission of Contributions
The features of this Site permit you to upload or otherwise submit your own idea, comments, content, and/or research (your “Contributions”). YOU MUST BE AT LEAST 14 YEARS OLD TO SUBMIT CONTRIBUTIONS.
The Contributions you submit to BDA LLC are voluntary, non-confidential, gratuitous, and non-committal. You will not be entitled to compensation for any use of your Contributions. Please do not submit your Contributions if you expect to be paid or want to own or claim any rights in or to them. By submitting your Contributions through the Site, you grant BDA LLC and its designees a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, fully paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the Contributions and shall be entitled to the unrestricted use and dissemination of Contributions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Contributions through the Site, you hereby forfeit any claim you may have against BDA LLC or its agents and employees that any such use violates any of your rights.
BDA LLC shall own the entire right, title, and interest, including all intellectual property rights, in and to any work it creates or has created, regardless whether such work incorporates some or all of the Contributions and/or any derivative works related in any manner to the Contributions.
By submitting your Contributions through the Site, you expressly represent and warrant that:
You are the owner of all Contributions and have the legal right and authority to grant BDA LLC and its designees the license and rights set forth herein;
Your Contributions do not and will not infringe on any third party’s intellectual property or proprietary rights;
Your Contributions are not subject to any confidentiality obligations or third-party intellectual property encumbrances; and
Your Contributions are not included within the scope of any pending or registered patent, copyright, or trademark that you may have.
You agree not to submit, post, upload to, transmit, distribute, store, create, or otherwise publish any Contributions through the Site that:
Are unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Describe, reference, or otherwise communicate violent, dangerous, illegal, and/or criminal acts;
Describe, reference, or otherwise communicate hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
Are copied from another Site user;
Are harmful to children in any way; or
Are, in the sole judgment of Idea Planet, objectionable, or which restrict or inhibit any other person from using or enjoying the Site, or which may expose BDA LLC, other users of the Site, or any company connected in any way to the Site, to any harm or liability of any type.
Although BDA LLC has no obligation to review, screen, edit, or monitor any Contributions, we want to make sure the Site is a safe and enjoyable experience for all. BDA LLC reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen, or edit any Contributions posted or stored on the Site at any time and for any reason without notice.
Submission of your Contributions to BDA LLC does not establish a confidential relationship or obligate BDA LLC to treat your Contributions (or any related content) as secret or confidential. BDA LLC has no obligation, either express or implied, to develop or use your Contributions. You understand and agree that submission of your Contributions does not in any way limit BDA LLC's right to develop and market works that are similar to or the same as your Contributions, regardless of how BDA LLC learned of or developed such subject matter.
Disclosure of Collected Information
Information from the Site. Except as provided in these Terms of Use, BDA LLC will not disclose to non-affiliated third parties your email address, phone number, or other personal information, that we collect via the Site or email, text, and other electronic messages between you and the Site (unless we first obtain your approval). BDA LLC, however, will cooperate with official law enforcement inquiries, such as fraud investigations, subpoenas, and government requests and will disclose your information when necessary to comply with state and federal laws and regulations. These Terms of Use do not apply to any information collected by (i) us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.
Data Security and Disclaimer. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. However, we cannot ensure that all of your personal information will never be disclosed in ways not otherwise described in these Terms of Use. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from our Site. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like the comments section of blogs. The information you share in public areas may be viewed by any user of the Site. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Type of Information Collected. BDA LLC may collect personal information such as your: name, e-mail address, postal address, shipping information, telephone and facsimile numbers, and URL. BDA LLC may also automatically gather and store information in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site may also gather demographic information.
Sharing and Usage of Information. BDA LLC will not share user information with its advertisers unless we first obtain your approval. We use information that we collect about you or that you provide to us, including any personal information:
To present the Site and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Site or any products or services we offer or provide though it.
To allow you to participate in interactive features on the Site.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at [email protected]. We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BDA LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by BDA LLC about the Site users is among the assets transferred.
To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply these Terms of Use.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BDA LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Information We Collect Through Automatic Data Collection Technologies
In addition to the types of information collected that are mentioned in the preceding section, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize the Site according to your individual interests.
Speed up your searches.
Recognize you when you return to the Site.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.
Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. California residents may have additional personal information rights and choices. Please see our CCPA Notice for more information.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Site and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your Contributions from the Site, copies of your Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users.
California residents may have additional personal information rights and choices. Please see our CCPA Notice for more information.
Email Communications
If User signs up through the Site, User is, by default, opted in to receive promotional email communications from BDA LLC (“Email Communications”). User may, at the time of sign up, opt out of receiving Email Communications from BDA LLC. Thereafter, User may opt out of receiving Email Communications by directing an opt-out request to: [email protected]. We may use a third-party service provider to manage the email delivery process, but any such service provider will first be required to agree to keep all personal information about Users strictly confidential and to only use the personal information to provide the services offered through the Site.
Crowd-Funded Products
When you back a crowd-funded product, you are making a commitment to purchase the crowd-funded product that will only be fulfilled if the minimum number of backings are met for the project during the Project Backing Period. Each crowd-funded product will have its own duration when you can back the crowd-funded product, each a “Project Backing Period.” Once the minimum number of backings is met, your backing becomes a final order and is non-refundable. Subsequently, the crowd-funded product will be made and shipped.
You will provide your payment information when you back a crowd-funded product, and you will be charged at that time. If the project has not reached its minimum backing goal during the Project Backing Period, your original form of payment will be refunded. You may check the main page for each crowd-funded product you backed to see if the minimum commitment goal has been met.
You can cancel your backing at any time before the completion of the Project Backing Period by contacting us at [email protected] or via our Help Desk, as posted on the main page for each crowd-funded campaign. We reserve the right to revoke your backing at any time in our sole reasonable discretion, including as a result of an actual or suspected violation of these Terms of Use.
E-Commerce and Fulfillment
If User submits information or creates an account in order to place an order for goods offered for sale from our website, BDA LLC may share this information with one or more third-party service providers to manage the payment and fulfillment process. Any such service provider will first be required to agree to keep all personal information about Users strictly confidential and to only use the personal information to provide the goods and services offered through the Site.
Links To and From Other Websites
Any links to third party websites located on this Site are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Site, it is at your own risk and we will bear no responsibility for such access or use.
If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, any page on this Site, and subject to the following conditions:
You do not in any way imply that we are endorsing any services or products;
You do not misrepresent your relationship with us or present any false information about us;
Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States; and
You do not otherwise use any BDA LLC trademarks displayed on the Site without express written permission.
If you choose to link to our Site in breach of these conditions, you shall fully indemnify us for any loss or damage suffered by us or any third party as a result of your actions.
Copyright Policy
BDA LLC respects copyright law and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Site infringes their rights under U.S. copyright law. If you think that anything on the Site infringes upon any copyright that you own or control, you may file a written notification of such infringement in compliance with the requirements of 17 U.S.C. §512(c)(3). Please deliver such written notification to our Designated Copyright Agent at [email protected]
Indemnification
You agree to defend, indemnify and hold harmless BDA LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Site, or any Contributions submitted by you, including but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Limitations of Warranties and Remedies
To the full extent allowed by law, BDA LLC disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability and fitness for a particular purpose. BDA LLC neither assumes nor authorizes any other person to assume for it any other liability in connection with the use of the Site. In no event will BDA LLC be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if BDA LLC has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule whether of the State of Washington or any other jurisdiction.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in the City of Woodinville and County of King, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At BDA LLC’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
Limitation of Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use or Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
Waiver and Severability
No waiver by BDA LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BDA LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and BDA LLC with respect to the Site and your Contributions and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and your Contributions.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to [email protected]
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