Market Financed Inventions, Inc.
Last revision: July 16th, 2014.
Welcome to MarketFinancedInventions.com, the global web based platform of Market Financed Inventions, Inc. (here referred to as any of the following: "Market Financed Inventions", “M.F.I.”, “Company” "we", “our” or "us"), that empowers inventors to bring unique and useful inventions to market in a timely and cost-efficient fashion. With Market Financed Inventions, an inventor can show and sell his or her invention to prove its viability. That is, the sole judge of the potential of any invention will be the market: the consumer - no more intermediaries whatsoever. Trust us!
MFI reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any content, feature or database), at any time for any reason; that is, ad hoc without just cause. The Company may also impose limits on certain features and services or restrict your access, in part or in all, on the Service without prior notice or liability; that is motu proprio or prejudice thereof.
Who We Are
Market Financed Inventions is a global web based platform that empowers inventors to bring unique and useful inventions to market. With Market Financed Inventions, an inventor can show and sell his or her invention to prove its viability. That is, the sole judge of the potential of any invention will be the market; the consumer - no more intermediaries whatsoever.
To clarify, Market Financed Inventions allows any promoter or inventor of any given product or service the opportunity to test and secure sells of his or her product/service, thus financing the startup itself prior to even launching it.
Similarly, from the costumer´s perspective, Market Financed Inventions is yet another opportunity because it allows access to innovations that otherwise would not reach the market by conventional byways On the whole, it is a distinctive opportunity to be a pioneer, to have something unique, special and tailored at an attractive and fair price.
Thirdly, Market Financed Inventions unlocks the potential inventor in all of us! It can be accessible from anywhere, anytime, anyplace, using any device with Internet access.
Fourth, Market Financed Inventions enables Inventors to launch new products; services or solutions from many countries around the globe, democratizing the way inventors raise funds for any invention. It is a fair example of how the Internet empowers the individual.
Fifth, Market Financed Inventions is headquartered in Delaware, USA.
Sixth and final, we are an open platform. We invite all, and discriminate none. Consequently, you understand and acknowledge that, given the inclusive nature of our open platform, you may be exposed to undesirable Member Content that may be offensive, inaccurate, indecent, improper or objectionable. In spite of any aloof behavior, Member Content should not be viewed as being an endorsement or opinion shared by Market Financed Inventions. You agree that Market Financed Inventions is not liable for any damages, losses or tort claims arisen from such Member Content.
Lastly, we believe the market should be the final and unique judge of any invention.
You may use our Services if:
• You are 18 years of age or older; or if between the ages of 13 and 17, you are doing so while using the Website and Services with parental, custodian or legal guardian’s consent and supervision.
• Your membership or use has not otherwise been restricted, suspended or terminated.
• You are not using another Member’s account without her/his permission.
How it works
Market Financed Inventions is a global web based platform that allows any inventor to finance his or her invention through the market – i.e. the buyers of the invention - as long as the invention gets enough orders to make viable.
To the inventor, it is a unique just in time financing system that brings to market useful inventions; heck who knows even a disruptive innovation! Without a doubt, it unlocks the potential inventor dormant in all of us.
From the buyer point of view, it is an opportunity to be a pioneer, to have something unique, special and tailored at an attractive and fair price for all.
It can be accessible from anywhere, anytime, anyplace, using any device with Internet access. To summarize, a step by step on how the website functions in general terms:
• First step: Inventors submit Inventions after creating their very own Invention Profile Page.
• Besides personal information about the Inventor on the Profile Page, an Invention’s submission includes product description, benefits, intellectual rights, manufacturing details, “delivery time”, selling price, “minimum sales to launch” and other information requested at the invention profile page.
• Second step: Market Financed Invention´s Innovation Experts evaluate submitted Inventions or Product Ideas at their sole discretion, taking into consideration a variety of factors.
• Market Financed Inventions may request additional information.
• Inventors may withdraw an Invention from evaluation at any time prior to being selected by Market Financed Inventions for the market validation process.
• Third step: With Market Financed Inventions’ pre acceptance of the Invention, a contract will be submitted to the Inventor, prior to product market launch.
• Fourth step: Market launch is a joint venture among inventors, buyers and Market Financed Inventions. In other words, it is a collaborative effort. Besides aggressive promotion over the net, communities, groups, blogs and other media sponsored by Market Financed Inventions, one would expect buyers and inventors are to intensely use their respective social networks to promote the invention through viral marketing. At the end of the day, who better to promote your invention than yourself!
• Fifth step: When the established target reaches enough intentions to buy to make the invention viable, as previous defined by the inventor, buyers will be invited to place their orders and subsequent payment subject to delivery in perfect conditions.
• PAYPAL and other recognized companies such as DHL or FedEx will be involved in the online payment and delivering process. This way, high quality customer service and full security for buyers, inventors and Market Financed Inventions is ensured.
• Sixth step: With orders and payment warranty in place, inventor will start the manufacturing and delivery process, until all ordered units are fully delivered and confirmed by the buyers.
• Non-monetary benefits known as “Market Financed Inventions benefits” may be exclusively offered to buyers.
• Within 2 weeks of receiving from the financial services company, i.e. Paypal, the lump sum of the invention’s total net revenue, Market Financed Inventions will first forward 75% of the invention’s total net revenue to the Inventor. For its part, Market Financed Inventions will retain the remaining little piece equal to 25% of total net revenue.
• At the end of the process, only if legally entitled, Inventor keeps full intellectual property rights deriving from the invention/ initial product idea embodied in any medium of expression developed by him or she.
THE SELECTION, DEVELOPMENT AND SALE OF ANY INVENTION IS SUBJECT TO THE MARKET FINANCED INVENTIONS’ SOLE AND ABSOLUTE DISCRETION. MOREOVER, THE COMPANY RESERVES THE RIGHT, FOR ANY OR NO LAWFULL REASON, TO (I) REJECT ANY SUBMITTED INVENTION, (II) REFUSE TO POST ANY SUBMITTED INVENTION TO THE SITE, (III) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED WITH THE INVENTION, (IV) TERMINATE THE SALE AND/ OR MANUFACTURE OF ANY COMMERCIALIZED PRODUCT RELATED TO ANY INVENTION, AND/OR (V) SELL OR LICENSE AN INVENTION, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO ANY THIRD PARTY.
Members and Users
You can easily register as a Member, either as an Inventor or as a Buyer by following the guided steps on our website, www.MarketFinancedInventions.com. Complete and accurate information is required when creating your account, and setting up & managing your Profile. We suggest using your settings to control your Member Profile and to manage how other Members in the Market Financed Inventions’ community communicate with you.
When you become a registered Member, you are required upon registration to kindly provide Market Financed Inventions a valid email address that will ensure your identification on the Site. By doing so, you consent so that Market Financed Inventions uses your email address to send you any notices required by law, in lieu of communication by postal mail, along with other messages which may include: i) changes to features of the Service, ii) special offers, and iii) marketing, sales & promotional material.
The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service. In comparison, it can only guarantee the identification the other User provided upon signing. As you know, identification only partakes to using a valid email upon registration to our Site.
In order to serve properly, Inventors will provide Market Financed Inventions full name, gender, birthday, location and other personal information to be publicly displayed in connection with your account and activity on the Site. All names must be real and truthful. Anonymous or fictitious names are not an option. Accordingly, Market Financed Inventions may refuse registration if false names are used.
Market Financed Inventions reserves the right in its sole discretion to refuse registration of or cancel a User profile and invention name dubious in nature or if entails the mere appearance of impropriety.
Once you become a Member, you are solely responsible for the activity that occurs on your account, for maintaining the information therein updated, and for taking all foreseeable measures and reasonable precautions for keeping your account’s password from falling in undesirable hands. You must notify Market Financed Inventions immediately of any breach of security or unauthorized use of your account.
Market Financed Inventions will not be held liable for any damage, loss or tort claim arising under or in connection with any unauthorized use of your account regardless of reason or causation of the aforementioned damage, loss, or tort claim. Conversely, you alone will be liable and responsible for all damages, losses or tort claims caused by any unauthorized use of your account regardless of the reason or causation of said damages, lossess or tort claims.
You acknowledge and agree that Market Financed Inventions, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services provided on its webpage. We must do so, in order to comply with the applicable Internet and/or information system’s applicable regulations.
Your chosen name is publicly displayed and connected to your Site activity. Other displayed information that visitors to the Site may see include, without limitation, your joining date, general profile information, inventions submitted feedback, total earnings to date; among others that Market Financed Inventions may deem necessary after conduction its external scanning from time to time.
By registering and/or making an email submission, you acknowledge and agree that you are doing so solely for purposes of applying to and potentially being considered to be a Buyer or an Inventor on Market Financed Inventions; and will not receive any compensation or credit for making a submission; and you are accepting and agreeing to Market Financed Inventions’ Terms & Conditions. By making an email submission, you hereby release Market Financed Inventions and their respective directors, officers, shareholders, members, employees, and licensees from any and all claims or liabilities relating to your email submission.
General Rules of Use
As a condition of being a User or Member the Service you promise to:
• Provide and update accurate, current and complete information about you or any other information you provide to Market Financed Inventions or other Users.
• Use the Service in compliance with all laws, regulations, ordinances, directives, court orders, as well as, this Agreement, applicable to your use of the Website and Services.
• Use the Service so as not to damage, disable, overburden or impair the Service, our networks or systems or not to interfere with any others’ legal rights, use or enjoyment of the Service.
• Have or own legal right to submit to the Service royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute User Content, all of which, do not otherwise infringe the Intellectual Property Rights of others; or any other right for that matter To clarify, Intellectual Property Rights mean all worldwide rights arising under, or related therein and thereto in: patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill & other intangibles, as well as, all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals and extensions thereof.
By way of example, and not limited to, your promise means and is interpreted as follows:
you WILL NOT use the Service:
• First: To submit, offer, sell or distribute:
◦ Controlled substances (such as steroids, narcotics, tobacco products, prescription drugs, marijuana), medical devices or products or services presenting a risk to consumer’s safety;
◦ Drug paraphernalia;
◦ Bullying, harassing, obscene or pornographic items, sexually oriented or explicit materials or services;
◦ Stocks, bonds or other securities, real estate, insurance services, banking services, or financial services;
◦ Guns, ammunition, firearms, knives, weapons, accessories regulated by law, or any other related products regulated by law;
◦ Items promoting: hate, slander, libel, defamation, any type of discrimination, personal injury, death, damage or destruction to property, offensive material, or scandalous material,
◦ Items or content infringing any patent, trademark, trade secret, copyright, right of publicity or violating others’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information or violating any law or contract;
◦ To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are illegal or, in Market Financed Inventions’ judgment and discretion, result in:
◦ Harmful, unlawful, threatening, abusive, harassing, causes tort, defamatory, libelous, deceptive, fraudulent, tortious in nature, vulgar, obscene, scandalous, offensive, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable Content that by its mere appearance any reasonable person may interpret it as an impropriety;
◦ Promoting terrorism, abuse, libel, slander, aspersion hate, personal injury, property damage, violence, racial intolerance, blackmail, financial exploitation or psychological, sexual, or physical exploitation;
◦ Causing risk of or actual personal injury or tangible property damage or intangible property impairment;
◦ Defaming an individual, inter vivos or mortis causa, or entity;
◦ A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme, game or contest of chance;
◦ Unauthorized self-promotion;
◦ Use of Market Financed Inventions’ widgets on sites containing content that is contrary to or violates this Agreement; in part or in its totality.
• Second: To:
◦ Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information which is private) without their prior consent;
◦ Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive, including but not limited to: flooding any group with posts or sending massive email blasts;
◦ Upload, post, use or otherwise make available any content that contains software viruses, or any other corrupt computer code, files or programs that impair the use of any computer software or hardware, as well as, any telecommunications equipment;
◦ SPAM or use or launch any automated system, including without limitation, robots, spiders, offline readers, among others, that accesses the Service in a manner that sends more request messages to Market Financed Inventions servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
◦ Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service;
◦ Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service;
◦ Modify, translate, or otherwise create derivative works of any part of the Service;
◦ Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. Interpreted them as very personal in nature;
◦ Impersonate any person or entity, including any employee or representative of the Market Financed Inventions, or otherwise misrepresent your affiliation with a person or entity, incur or orchestrate fraud, hide or attempt to hide your impersonated identity;
◦ Make any false or misleading Post (such as false or misleading information in the Invention or in your Invention Profile (such as misrepresenting the Beneficiary or Invention purpose, or in a comment);
◦ Use personal information not related to fulfilling delivery of a product or service explicitly specified in the Invention. You will only provide the information that Market Financed Inventions humbly requires; nothing more.
You agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content without any obligation to monitor Member Content or disputes between Users or Members. You are responsible for protecting yourself from Member Content or Market Financed Inventions’ Content that is offensive or harmful. If you reasonably understand as so, please let us know so we can attend the matter in a timely fashion.
Notwithstanding the foregoing, you acknowledge and agree that Market Financed Inventions may, but is not obligated, in its sole discretion and judgment, to:
• Verify your use at any time as a User or Member;
• Permanently or temporarily terminate, suspend, or otherwise refuse to: 1) permit access or use of the Service or your account(s); 2) or to remove any Member Content, Posts or other content; 3) or block any individual or entity for any reason (or no reason at all)
• Delay or withhold the payment of; or conversely, or refund an amount or any other amount, to any Costumers
All of the above will be carried out with just cause: without notice and without liability for any foreseeable damages arising thereunder, and without first consulting any other parties. Please note, upon termination for any reason, you continue to be bound by this Agreement.
You agree to use or comply with all the applicable DMCA procedures described later in this Agreement for any claims of infringement of any Intellectual Property Right, (See D.M.C.A. Notice section, below).
The site is not directed to or intended to be used by children under the age of 18. That is, being between the ages of 13 and 17, and using the website or service without parental, custodian or legal guardian’s prior consent and in vigilando supervision. If Market Financed Inventions learns or discovers that it has collected personal information of a child under the age of 18, that is, between the ages of 13 and 17 without parental, custodian or legal guardian’s prior consent, we will firstly, delete all that data from our systems, and secondly terminate the child’s account upon knowledge of this particular. Even so, following Market Financed Inventions’ empowerment core, if by any chance you become aware that a child has provided Market Financed Inventions with personal information without prior parental, custodian or legal guardian’s consent, we respectfully solicit that you please contact Market Financed Inventions at firstname.lastname@example.org.
Creating and Posting an Invention
You may create and Post your Invention on Market Financed Inventions to showcase and share certain information about your Invention, elicit feedback and intentions to buy; that could be convertible to orders, from other Members (Buyers) by following the subsequent procedure and rules:
To Create an Invention
- • Create an Invention by accessing the "New Invention" button at top right of the the webpage on your computer screen;
- • Fill in all details regarding the invention and all required information. Be aware that you have 3 sections of information to fill: Basic, Marketing and Production about your invention;
- • You can add several inventions to your inventor profile. It is not limited to one only;
- • Your invention will be eligible to be funded only if you get more “intentions to buy” than the value defined in “minimum sales to launch”;
- • If the “intentions to buy” surpass “minimum sales to launch,” all buyers that manifested intention to buy will be asked to confirm their intention. If affirmative confirmation by buyer takes place, said action will convert it into a purchase order;
- • Your invention will get funded (“Invention Goal”) if the number of orders, after the confirmation period, remains superior to “minimum sales to launch;”
- • If your invention gets funded, your time horizon for delivery is the time specified in “delivery time” to deliver all inventions ordered by the customers;
- • Market Financed Inventions will pay the inventor when all the orders are delivered and confirmed delivery feedback by the customers takes place;
- • The number of Inventions you can create is unlimited. Take the plunge;
- • Early on the Inventor must set up first an e-account (i.e. "Paypall account") to receive payments from customer’s purchase orders. At the same time, the inventor should have already designated the legal entity or person for order payment receivable and ensure the transaction took place and was recognized by way of inventor’s e-account;
- • Inventor, remember that this is the pristine moment were you may offer non-monetary rewards as benefits exclusive to the customer, (i.e. “Market Financed Inventions Benefits, here referred to "MFI Benefits" for short);
- • Inventor, also remember, by benefiting our Service, you agree that a third party may choose your Invention as one of its favorites, and may add it to the third party's page or list at MarketFinancedInventions.com. However, it is your invention, so feel free if wanting to opt-out by sending an email to support@MarketFinancedInventions.com;
Special Rules Regarding Market Financed Inventions’ Benefits
- • All Market Financed Inventions’ Benefits must be lawful and otherwise comply with this Agreement;
- • To fulfill and honor all Market Financed Inventions’ Benefits and to observe and respond promptly to all questions and comments regarding Market Financed Inventions’ Benefits. If, by any chance, you are unable to fulfill and honor fully a Market Financed Inventions’ Benefit, you will work profusely to comply with the Customer(s) in order to reach a mutually satisfactory resolution that may include, without limitation, issuing a refund promptly;
- • It shall not, and will not be understood, that Market Financed Inventions is liable or responsible for: 1) the fulfillment and compliance of any Market Financed Inventions’ Benefit; 2) the failure to observe and honor any Market Financed Inventions’ Benefit; 3) the quality for any of Market Financed Inventions’ Benefit offered; and 4) as otherwise disclaimed or limited by this Agreement.
Representations and Promises of User and Inventor
• As a User, you represent and promise to honor & hold the following:
- • All registration information you submit is truthful and accurate;
- • You will maintain the accuracy of such information by frequently updating it on your profile;
- • You are 18 years of age or older, or between the ages of 13 and 17 using the website and Service with parental, custodian or legal guardian’s prior consent (in eligendo) and supervision (in vigilando). If however, Market Financed Inventions has any reason to believe that you portray an age that is not the same as your actual legal age, please understand, when possible, that Market Financed Inventions must view it as a violation of this Agreement; no consideration on the merits of why you choose to do so will be considered. As a result, your profile may be deleted and your use may be terminated without warning, if, once again, we believe: 1) that you are under 13 years of age; 2) if we believe that you are under 18 years of age and you represent yourself as 18 years of age or older; or 3) if we believe you are over 18 years of age and represent yourself as under 18 years of age; the mere appearance of impropriety will be enough.
- Furthermore, and let it be clear, we do not knowingly collect or solicit personal information from children under the age of 13, or knowingly allow such persons to register for an online account, or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on any of our Websites, we will remove that information as soon as possible. To clarify, what we mean by “ […] learn that someone under the age of 13 has provided any personal information […]” should be interpreted under the reasonable person legal standard. That is, when it becomes foreseeable, or should have become foreseeable for Market Financed Inventions to take action.
• As an Inventor, you represent and promise to us to honor & hold the following:
- • Are the authorized representative of the Invention with the legal authority to:
- ◦ to sell and receive payments; and
- ◦ to bind yourself to the terms of this Agreement, entirely or in part;
- • Are solely responsible for complying with all rules, policies and procedures of Paypal;
- • Will comply with all Special Rules Regarding Market Financed Inventions’ Benefits;
- • Will respond promptly and honestly to all questions and Postings inquired or posed by Users;
- • Ensure all Income is distributed properly and legally to all its stake holders and all Buyer´s Payments are used as described by the Inventor;
- • If, for any reason, you are unable to use Payments as described in your Invention profile, we suggest that you work with your Buyers to reach a mutually satisfactory resolution which may include, without limitation, refunding the Buyer´s Payment(s);
- • Are liable, jointly and severally, with the Beneficiary of the Invention, as well as, accountable and liable for the use of the Buyer´s Payments other than as described in the Invention (“Misuse”).
•Market Financed Inventions is not, and will not, be liable or responsible for:
- ◦ any Invention not attaining to the Invention’s Goal;
- ◦ any refunds, including without limitation, for Buyer´s Payments or Market Financed Inventions’ Benefits, for any reason or no reason at all;
- ◦ any errors or omissions in the Funding Account or caused by the Processor;
- ◦ the failure of the Processor or Inventor to refund payment(s) or for Misuse of the Buyer´s Payment(s); and
- ◦ for Member Content.
- • Your sole and exclusive remedy and/or damages for any and all claims and causes of action relating to or resulting from the Invention is against Inventor.
Buyers and Ordering Inventions
Market Financed Inventions may provide you the opportunity to make orders of any Invention available. You may order as many Inventions as you like.
All orders are non-refundable by Market Financed Inventions and are made in your sole discretion and at will, based on your sole determination and evaluation of the Invention. You are solely responsible for determining the tax deductibility of any order; which is subject to your jurisdiction.
The Estimated Delivery Time listed on each invention is not a promise, but is merely a fair estimate of time the Inventor hopes to fulfill for delivering the invention to the buyer.
Making an order does not:
• give you any rights or ownership in or to that Invention;
• give you any distribution rights;
• give you any rights to control, or otherwise direct the Invention Owner, Market Financed Inventions, the Service, the Invention, the Processor; or limit or otherwise affect Buyers or orders; and
• create any liability or responsibility on the part of Market Financed Inventions to any Buyer, or for any order regardless of reason.
Market Financed Inventions’ Benefits offered to you are strictly between the Buyer and the Inventor. That is, between you and the Inventor, and not between you, inventor and the company.
Market Financed Inventions does not represent, warrant or guarantee:
• Market Financed Inventions’ Benefits will be delivered;
• Market Financed Inventions’ Benefits will be satisfactory to you; or
• The use of any orders, or the outcome of any Invention. It is up to you, as the Buyer, to ask such questions and undertake such due diligence as any reasonable person would, as you deem necessary before you make an order.
Market Financed Inventions may, in its sole discretion and judgment, but is under no obligation to, seek refunding orders.
Buyers consent to Market Financed Inventions and its payments partners, authorizing or reserving a charge on their payment card or other payment method for any amount up to the full order.
Buyers agree to have sufficient funds or credit available on invention’s at delivery time date to ensure that the order will be collectible when the time arises.
Because of occasional failures of payments from Buyers, Market Financed Inventions cannot guarantee the receipt by Inventors of the amount of the orders. When the occasional failure gets fixed, the Buyer can rest assure he or she will receive payment.
Payments, Fees, Taxes and Verification
Inventors should not take any action in reliance on having their invention posted on the Site, or having any of the money paid by the buyers until confirmation of product delivery in good conditions notice is observed. There may be a delay between buyer´s payments and access to the funds. Patience is a virtue.
All order’s payments will be deposited in the Inventor´s Funding Account less our fee as listed on our Website. Please note, different fees may apply to nonprofit or discounted Inventions. Fees may be adjusted at any time as Market Financed Inventions decides in its sole judgment and discretion. Indeed, fees are nonrefundable.
Processor fees and other fees and charges may apply and/or be deducted from order’s payment. It follows, all order’s payments are transferred when the inventor delivers ALL orders of a particular invention; unless: 1) being held to complete our verification process; or 2) being refunded as we deem appropriate in our sole discretion.
The Inventor is responsible to report properly, and timely pay, all applicable taxes for all payments. Please be prudent, as we know you are.
Following Market Financed Inventions’ duty of care, we may verify Inventor´s identity, the use of the payments and the Invention’s timeline before payments are deposited in the Funding Account. You agree and adhere to participate in our verification process, which may involve an interview and/or document review. Let it be clear, verification may result in a delay on payments being transferred, or reversal and refund as Market Financed Inventions determines, in its sole discretion and judgment, that first all signaling identified in the verification process need attention and prompt resolution by the Inventor.
Discrepancies in, false or misleading statements, misrepresentations as to the Inventor, or misuses of payments: may result in payments being refunded and/or accounts being suspended or reversed. If payments have been already disbursed, Inventor will ensure refunding all payments promptly to Market Financed Inventions Inc. without deduction for any fees paid or payable.
Market Financed Inventions is not liable for any damages or loss incurred related to rewards, payments or any other use of the Service. Market Financed Inventions is under no obligation to become involved in disputes between any Buyers and Inventors, or between these and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with inventions on the Site. Market Financed Inventions does not oversee the performance or punctuality of products. You release and hold harmless Market Financed Inventions, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind; be them known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and that of the Service.
Member Content and Warranty of Non-Infringement
The Service allows you to post Invention details and information, feedback, comments, questions, and other information ("Member Content"). You are solely responsible for Member Content that you upload, publish, display, link to, or otherwise use or make available (collectively, "Post") on the Service.
All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. Market Financed Inventions will not be liable for any errors or omissions in any Content.
All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
You represent and warrant:
• You are the owner (or have all the rights and permission required under the applicable law to use), of all Intellectual Property Rights (as defined below), in the Member Content you Post, or as reasonably contemplated by Market Financed Inventions’ use of such Member Content, and posses the legally required written consent of each and every identifiable natural person in the Member Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement. Each person has released you from any liability that may arise in relation to such use.
• The Member Content, use of the Member Content with the Services, and Market Financed Inventions' use of such Member Content: will not infringe any Intellectual Property Rights, other general proprietary rights, privacy rights, confidentiality and rights of publicity, or otherwise violate this Agreement.
You understand that publishing your Member Content on the Service is not a substitute for registering it with the U.S. Patent and Trademark Office, U.S. Copyright Office, the Writer's Guild of America, or any other rights organization National or International. In the alternative, it shall only be understood as publishing on your Member Content on the Service as meeting the Intellectual Property Rights general criterion of publishing a work as embodied in a medium of expression to justify it as the date of creation of such work.
You understand that by publishing your User Submission, you may be identified publicly by your name or User ID in association with your User Submission.
License Grant of Member Content and Invention Feedback
By posting any Member Content on the Service, you hereby expressly grant, represent and warrant that you have a right to grant; or at least are legally empowered to do so, to Market Financed Inventions a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to: 1) use, 2) reproduce, 3) modify, 4) publish, 5) list or disclose information regarding, 6) edit, 7) translate, 8) distribute, 9) publicly perform, 10) publicly display, and 10) make derivative works of all such Member Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
For all of the above you hereby acknowledge to:
• irrevocably assign all worldwide rights, title and interest in and to all Member Content posted for an Invention ("Invention Feedback") and to the Invention Owner that posted that Invention particular; and,
• evermore waive and release the Invention Owner and Market Financed Inventions from any claims that you now have or may hereafter have, known or unknown, relating to or resulting from Invention Feedback including, without limitation, infringement, violation of any privacy right, or obligation of confidentiality.
If you post an Invention, you acknowledge and agree that Market Financed Inventions is not responsible for your use of Invention Feedback, and you use Invention Feedback at will.
License Grant to Use Service and Market Financed Inventions Content
You understand and acknowledge that your use of the Service (including, without limitation, Market Financed Inventions’ Content), is a beneficiary privilege and not a right in itself. Subject to this Agreement, Market Financed Inventions grants you a non-exclusive, limited, personal license to use the Service in accordance with this Agreement; let it be clear: nothing more. For which, you agree willfully, as well as, will ensure others, to:
• Use the Service or Market Financed Inventions’ Content in strict compliance with this Agreement;
• Create not derivative works from any of Market Financed Inventions’ Content; and
• Use of the Service or Market Financed Inventions’ Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Except for your Member Content and the limited right of use of the Service, Market Financed Inventions retains all right, title and interest (including, without limitation, all Intellectual Property Rights), in, to and for the Service, and all content created and used by Market Financed Inventions in conjunction with the Service including, by way of example and not limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, or structurally organized text for a certain purpose in which time and effort was observed by the company (All together constituting: "Market Financed Inventions Content"); all of which are the exclusive property of Market Financed Inventions and its licensors. Nevertheless and in the case gaps were to exist which could not be sufficed with the previous sentences under this paragraph’s logic or understading, Market Financed Inventions retains all rights not expressly granted to you.
As has been noted, Market Financed Inventions reserves all rights not expressly granted in the Service. Market Financed Inventions may terminate this license at any time for any reason or no reason. Rests assure we will be prudent if the time comes.
Use of Widgets
Market Financed Inventions may give you the opportunity to post a "widget," or code that creates an Market Financed Inventions’ graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of Market Financed Inventions’ widgets is subject to this Agreement, that you will not post any Market Financed Inventions’ widget on a web page containing content that is prohibited under the "Member Content" section of this Agreement, and that you will remove all Market Financed Inventions’ widgets immediately upon termination of this Agreement; if not, then Market Financed Inventions will be compelled to do so ad hoc.
Market Financed Inventions will remove infringing material in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. §§ 101, et. seq. (hereafter: “D.M.C.A). if properly notified that the infringing material in your Content section infringes copyright. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Market Financed Inventions' copyright agent, as set forth in the D.M.C.A. For your complaint to be valid under 17 U.S.C. § 512 (c)(3)(A)(i-vi) (better known as: Information Residing on Systems or Networks at Direction of User: Elements of Notification section and subsequent sections of the D.M.C.A.), you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Market Financed Inventions to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. *** To clarify, since the statement is subject to perjury, this means it is a public document that must be sworn first prior to sending it to the D.M.C.A. agent.
The above information must be submitted to the following D.M.C.A. Agent:
Name: Miguel Reynolds
Attn: D.M.C.A. Notice
Company: Market Financed Inventions, Inc.
Address: Rua Tenente Coronel José Pessoa, 16; Cascais, Portugal
Telephone: +351 214 416 965
UNDER FEDERAL LAW; I.E. 17 U.S.C. § 512 (f)(1)&(2) (better known as: Misrepresentations section of D.M.C.A.), IF YOU KNOWINGLY MATERIALLY MISREPRESENT THAT THE ONLINE MATERIAL OR ACTIVITY IS INFRINGING, OR THAT THE MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, YOU SUBJECT TO CIVIL DAMAGES PLUS PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES; AND ONLY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify pursuant to 17 U.S.C. § 512 (g)(3)(A)–(D), our D.M.C.A. Agent in writing including the following information:
• a physical or electronic signature of the user of the Services;
• identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of said material; and
• your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
Lastly, pursuant to 17 U.S.C. § 512 (g)(1)&(2)(A-C) (better known as: Replacement of Removed or Disabled Material and Limitation on Other Liability: Exception of the No Liability for Taking Down Generally subsection), Market Financed Inventions will not be liable for removal or disabling access due to mistake or misidentification, only if the following was observed in due course:
• it took the reasonable steps to promptly notify the user that it has removed or disabled access to the material;
• upon receipt of a counter notification promptly provides the person who provided the previous notification with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and
• replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless a court order precludes the D.M.C.A. agent to do so.
Please note that this procedure is exclusively for notifying Market Financed Inventions and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Market Financed Inventions' rights and obligations under the D.M.C.A., including 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the D.M.C.A. and other applicable laws.
In accordance with the D.M.C.A. and other applicable law, Market Financed Inventions has adopted a policy of terminating, in appropriate circumstances and at Market Financed Inventions' sole discretion, Users who are deemed to be repeated infringers. Market Financed Inventions may also at its sole discretion, without liability, limit access to the Service and/or terminate the accounts of any Users who infringes any intellectual property rights of others, whether or not there is any repeated infringement.
Information that you submit through the Service may be transferred to countries outside the European Economic Area (“E.E.A.”) to provide the Service to you as best as we can. For example, our servers are in the United States. If we transfer your information outside the E.E.A. in this way, we will take all the reasonable steps to protect your privacy rights. This is our promise to you.
Notwithstanding the foregoing, we do not guaranty the confidentiality or privacy of any communication or information transmitted using the Service or any website linked to our website that goes beyond the reasonable measures undertaken to ensure it does not take place in the first place. We are not liable for the privacy of email addresses, registration and identification information, disk space, cloud storage, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by using our Service, or otherwise connected with your use of the Service.
We have implemented reasonable commercial, technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at will. Rest assure, if ever our security architecture is breached we will, without a doubt, not rest until we have resolve the issue and the applicable law has been applied in full force to the injurious party.
Third Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless Market Financed Inventions, its subsidiaries and affiliated companies, and their respective officers, directors, employees, contractors, or agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees and costs), arising from or relating to your use of the Service and Market Financed Inventions’ Content including, without limitation, your negligence, breach of any of the representations, warranties, promises or violation of any law, regulation, ordinance, directive or court order. You remain liable for any amount we pay in settlement of any such claim or action for indemnification, which you should have paid yourself, but did not do so, as though we had proceeded with a trial.
Market Financed Inventions has no special relationship with or fiduciary duty with you. Furthermore, you acknowledge that Market Financed Inventions has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves, their campaigns or inventions. You waive and release the Company from all liability based on you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing information that some people may find offensive or inappropriate. Market Financed Inventions makes no representations concerning any Content on the Site, other than the content placed by the company itself, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of the material contained on the Service that is not provided by the company itself.
Market Financed Inventions does not guarantee that any Content will be made available through the Service. The Company has no obligation to constantly monitor the Service or Content for any red flags that may appear to be fraudulent in nature. The Company ad hoc reserves the right to, at any time, for any reason, and without notice to the following: (i) cancel, reject, interrupt, remove, or suspend a campaign or invention; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Market Financed Inventions reserves the right not to comment publically nor disclose privately on the reasons for any of these actions.
Service is provided on an "as is" and "as available" basis. Use of the Service at will. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Without limiting the foregoing, Market Financed Inventions, its subsidiaries, affiliates and its licensors do not warrant the following: 1) that Market Financed Inventions’ or member’s content is accurate, reliable or correct; 2) that the service will meet your requirements, expectations, or result in any benefit, funding or revenue; 3) that the service will be available at any particular time or location, uninterrupted or secure; 4) that any defects or errors will be corrected to meet your expectations; 5) that service is free of viruses, malware or other harmful components including any failure or any service; or 6) Market Financed Inventions’ benefits to meet your reasonable expectations. We are not responsible in any way for offers made by third parties through our website. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data and/or information that results from such download.
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711) applied to us states the following: MARKET FINANCED INVENTIONS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE THAT GOES BEYONG THE REASONABLE MEASURES UNDERTAKEN TO ENSURE IT DOES NOT TAKE PLACE IN THE FIRST PLACE. Market Financed Inventions is not liable for the privacy of email addresses, registration and identification information, disk space, cloud storage, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code § 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
Users and Members agree not to involve Market Financed Inventions in any litigation that occurs due to using the Services or website, or in any connection whatsoever related thereto and therein. Market Financed Inventions will not be held liable for any loss or damage due to failure to comply with the terms and conditions under this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARKET FINANCED INVENTIONS (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, NEGLIGENT (TORT) OR EXEMPLARY DAMAGES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOODWILL, USE, DATA, INFORMATION, OTHER TANGIBLE LOSSES OR INTANGIBLE IMPAIRMENTS, OR THE COSTS OF COVERING OR PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, INCLUDING; BY WAY OF EXAMPLE AND NOT LIMITATION, ANY DAMAGES RESULTING FROM OR RELATING TO: (a) TERMINATION; (b) THE USE OF, MISUSE OF, OR INABILITY TO USE: THIS SERVICE OR MARKET FINANCED INVENTIONS CONTENT (INCLUDING ERRORS, MISTAKES, INACCURACIES OF, OR THE INFRINGEMENT BY MARKET FINANCED INVENTIONS OR MEMBER CONTENT); (c) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN; d) AUTHORIZED ACCESS BY USER FOR MISUSE; OR (e) THE DEFAMATORY, SCANDALOUS, OFFENSIVE, SLANDER, LIBEL, ASPERSION, UNJUSTIFIED INMORAL BEHAIVOR OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY.
IN ANY EVENT, MARKET FINANCED INVENTIONS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ANYTHING GREATER THAN ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS YOU PAID TO MARKET FINANCED INVENTIONS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT INFRINGEMENT, TORT (NEGLIGENCE), STRICT LIABILITY, ABUSE OF LAW, OR ANY OTHER BASIS FOR THAT SUBJECT MATTER, EVEN IF MARKET FINANCED INVENTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by the applicable law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
• death or personal injury caused by our negligence or that of any of our officers, employees or agents;
• fraudulent misrepresentation or intentional misconduct of the company or our officers, employees or agents; or
• any liability which it is not lawful to exclude either now or in the future.
In any such case, the severability clause standard for the construction of law will apply to the remaining sections of this Agreement.
The Service is controlled and operated from its facilities in the United States. Market Financed Inventions makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations, as well as, web hosting and Internet regulations; specially relating to in personam and material jurisdiction. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, transferred or delegated by Market Financed Inventions without prior consent or restriction thereof.
A. Termination. On the one hand, we may terminate your access to the Service, without prior cause or notice, which may result in the forfeiture and impairment of all information associated with your account. On the other hand, if you wish to terminate your account, you may do so by following the instructions on the Website. Please keep in mind, any fees paid to Market Financed Inventions are non-refundable. All provisions of the Agreement that by its nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
B. Governing Law. You agree that: (i) the Service shall be deemed solely based in Portugal; and (ii) the Service shall be deemed a passive one that does not give rise to personal and material jurisdiction over Market Financed Inventions, either specific or general, in jurisdictions other than Portugal. This Agreement shall be governed by the internal substantive laws of Portugal, without respect to its conflict of laws principles. Any claim or dispute between you and Market Financed Inventions that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City of Cascais, Portugal.
C. English Language. As a courtesy and convenience only, this Agreement may be translated and may be made available in any language other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. Furthermore, if any discrepancy were to arise, due to the loss in meaning when translating any text from one language to another, and not attributable to negligent human error, as mentioned in the last sentence, the English version of the Agreement shall be considered the correct version; and hence shall govern. All disputes, claims and causes of action (and related proceedings) will be communicated, in any form or expression, under the English language.
D. Export Compliance. You agree to comply with all laws, restrictions and regulations relating to the export of products and information.
E. Cooperation with Authorities and Police Enforcement. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of such conduct. When requested, Market Financed Inventions will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or Website.
F. Notification Procedures. Market Financed Inventions may provide notifications to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, whether such notifications are required by law or are for marketing or other business related purposes, as determined by Market Financed Inventions in our sole discretion. Market Financed Inventions reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. In that last case, the choice is yours for the taking.
G. Entire Agreement/Severability/Construction of Law. This Agreement, together with any other legal notices and agreements published by Market Financed Inventions via the Service platform, shall constitute, and will be observed as the entire agreement between you and Market Financed Inventions concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
H. No tacit waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Moreover, Market Financed Inventions' failure to assert any right or provision under this Agreement shall not constitute, and will not be interpreted as a tacit waiver of such right or provision.
Please contact us at terms@MarketFinancedInventions.com for any questions regarding or arising under this Agreement. We will gladly attend to them promptly!