Last modified: November 2, 2014
By accessing “www.peakimaginations.com” and sub-domains (hereinafter “we”, “us”, “our”, “Peak Imaginations, Inc.”, peakimaginations.com, forum.peakimaginations.com), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “forum.peakimaginations.com”.
Although access to our service may be available to you on mobile devices, please do not use our service in ways that distract you and prevents you from obeying traffic and safety laws.
Your Ownership of IP
You agree that you are not an employee of Peak Imaginations, Inc., but are participating in an automated distribution method of your intellectual property and as such will provide a method of payment option to our service, such as a Paypal email address, allowing others to make a license transaction with you. Check payments requires valid address in your user settings. Therefore, you agree that you are acting as a business or on behalf of a business and maintain your own earnings accounting from transactions and maintain your own tax obligations. You set the price of an IP license and we are NOT liable for missed business opportunities from the pricing of your material.
All submissions to either our forum or comments you make on our service are owned by you and you take full responsibility for what you say and do not make any claims that we agree or disagree with statements you make. There may be instances where third parties have found your content objectionable and we will notify you or may disable the viewing of objectionable material until you can review the third parties claim and respond. During this time you agree that you may not receive any license transactions on the objectionable material because the material will not be visible on our service. You understand you may retract the material or adjust the post or otherwise resolve the concern and then the material would return visible.
You are uploading and licensing or selling copyrighted material or Intellectual Property and any trade secret for monetary gain; therefore, you will not upload to our database either copyrighted material or Intellectual Property owned by other companies or third parties without a written agreement and we will provide law enforcement or government agencies any necessary information obtained through our service to enforce Patent Law as well as the Copyright Protection and Intellectual Property Laws. Although government material may be public you are required to verify you will not disclose sensitive or trade secret information by any entity association you may have prior to uploading material to our database. You may need to review agreements between you and an employer before submitting content because any agreements could have implied ownership of material by your employer that you produce while employed. As a user you agree to any information you submit to being stored in our database. Your published works will not be disclosed to any third party without your consent during forum submission and posting of your material to our database.
You have the responsibility to check the terms that your license agreement posting represents your expectation. You can present to legal representation at your discretion the preview license terms from the license wizard for advice. We do not provide legal advice on the term options you select and you must seek external advice on matters involving your material prior to releasing your post to customers. Saving your post as a draft is an option that you can use as you work through the process of releasing your material. We do not provide notary services and if you require your agreements to be notarized at your discretion may take final customer agreements to your notary and file with your business. You have the option to build multiple and differing license agreements attached to each material or individual materials during the posting and attachment entry. If the option choices within the license agreement build wizard do not meet your license term requirements then notify us so web developers may add buttons or text boxes that generate and meet your criteria for the license agreement.
Licensing your likeness for use in video games or other bodies of work may require you to explicitly define the scope of use for your likeness. Seek legal advice to keep your likeness portrayed in the aesthetic representation desired. You have the option to add in special text on the license agreement or using the license build wizard can add approved and unapproved uses of your likeness.
Ending your service by cancelling or allowing membership fees to lapse does not cause us to remove your IP from our service or prevent others from accessing the content submitted. Licenses others have purchased from you remain perpetual and in effect for the terms of the license agreement at the time the license of your IP was purchased. You must actively make your personal information hidden if you do not wish these personal details to remain accessible, however, if your intellectual property remains on our service then your personal information will remain on new license agreements.
Since your ownership does not end with a transaction you must maintain control over your Intellectual Property and investigate your rights or make claim upon your rights if the purchaser abuses their license. Our service does NOT police content distributed after a purchase. If a purchaser makes a single use license purchase and you find their distribution broke the license terms YOU are required to take ACTION of your rights upon the PURCHASER.
Forum posts have a body text area to describe your material as a feature to advertise and describe your work. You agree not to post in the body text any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “Peak Imaginations, Inc content” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all posts are recorded to aid in enforcing these conditions. You agree that we have the right to remove, move or close any topic at any time should we see fit without reimbursement of subscription or transaction fees. Creative liberties that are of adult nature in a copyrighted work must be contained within the material work available for license and not directly viewable to guests, non-members, members, or public view.
You may respond to a business solution request with your own solution interpretation; however, we do not guarantee your solution meets the needs of the third party requester. You are responsible to review, qualify and test as necessary your intellectual property. You have the responsibility to make clear the functionality and features claims of your material in your submission advertisement and we make NO warranty as to the fitness of your Intellectual Property nor the satisfactory use of your Intellectual Property fitness in a businesses application. A third party purchase of a license may have legal recourse against you if you misrepresent your property.
Some material authored has some aesthetic value that may resonate well to some, while to others it may not meet the objectivity or criteria expectations of the entity that purchased the license. We do not make any warranty that you will enjoy material you have purchased or material will meet your criteria. Some authors works are a matter of taste or preference, which we make no warranty your purchase will finally meet your expectations for either the aesthetic like or the monetary value you place upon the material after reading it. You are purchasing material AS-IS with respect to the features or advertised content that is submitted by the author of their works and agree to not make any claim against Peak Imaginations, Inc. regarding your displeasure with the creativity of an author.
Certain Intellectual Property has export restrictions covered by the International Traffic in Arms Regulations (ITAR). You agree the Intellectual Property you own and submit to our forum does not fall under the jurisdiction of controlled content in regard to ITAR. You agree that by participating in our service that prior to submitting your property to our service any and all necessary research and classification of your Intellectual Property is complete and you determined it does not fall under the export control or restrictions. If your Intellectual Property does fall under this control and you wish to use our service you own the responsibility to provide all the classification documentation necessary for us to facilitate the sale of your Intellectual Property to U.S. Citizens.
You hereby grant us permission as agents of your intellectual property material to provide third parties a license of this material. We intend to offer you an experience to take your imagination to higher levels by providing the framework to disperse your content, owned and controlled by you to a third party without you relinquishing your copyright or intellectual ownership rights.
We make no warranty that a business opportunity exists for your solution or that a business will use our service linking you as a designer with that business. Some ideas are ahead of the time and some businesses will only hire employees directly for their immediate need projects. In order for your material to be seen and purchased there is an inflection point of membership that must be reached as well as the business acceptance of people working from wherever they choose before you may receive a transaction.
Although we have solutions to control the per unit license of solutions submitted for electronic circuits there is no easy way to control the digital use of your material that is purchased. Although you receive a statement indicating the name of the purchaser during the transaction we do not monitor or control how they use the digital material.
Using our service does not give you branding rights, logos or ownership of our Intellectual Property. You may not use content from our service unless as agreed to by the owner of the content accessible by our service or by us in writing.
In connection with our service you may receive service announcements, administration messages, and other information. You may opt out of some of those communications.
We may change this Terms of Service at any time although it would be prudent to review this regularly yourself as your continued usage of “forum.peakimaginations.com” after changes mean you agree to be legally bound by these terms as they are updated and/or amended. We will email you a change of terms notice unless you have disabled administrators communication in your user settings.
Assigning a license for Intellectual Property requires that two parties are identified in the license agreement clearly and your membership in our service makes your contact details known as a party of the license agreement during a transaction.
One of our services is to facilitate the transaction of solutions to businesses. Businesses may access our services to view your personal information that you release to our database. You may upload a resume or specific work experience details that are personal to you and these may be viewable at your discretion through the use of our service.
Businesses may search our database for creative authors and designers that meet their business needs and we do not prevent them from contacting you or soliciting your service for their business, in fact, we encourage this contact to facilitate the connection of your creative works to a use.
Our service provides features that may be changed at anytime and features could be added or removed at anytime, and our services could suspend or end altogether.