PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE SUBMITTING YOUR CREATIVE SOLUTION USING THE IDEAHUNTING.NET PLATFORM SERVICES. BY ACCEPTING THIS AGREEMENT AND BY USING THE IDEAHUNTING.NET PLATFORM SERVICES, YOU WILL BE ESTABLISHING A CONTRACTUAL RELATIONSHIP WITH THE COMPANY THAT OWNS THE IDEAHUNTING.NET PLATFORM. YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT WILL BE EQUIVALENT TO THE ACT OF SIGNING.
1.1. The following agreement is entered into by and between (name and surname of the user obtained from the fields filled out during registration), located at (address entered in the user registration), (city entered in the registration), (country entered in the registration), hereinafter referred to as “Creator”, and Projecto Manhattan Ltd., tax nº 508 004 330, with a share capital of 5,000 Euros, headquartered at Travessa Particular à Rua da Centieira, 8, 1800-300 Lisbon, Portugal, hereinafter referred to as “Company”.
1.2. The website www.ideahunting.net and all its associated services are owned by the Company.
1.3. The website www.ideahunting.net consists of an Internet platform whose purpose is to facilitate creative and innovation transaction services between individuals and companies that produce creative solutions in various business areas (“Creators”) and individuals and companies that buy creative solutions in various areas (“Hunters”).
1.4. According to the available services in www.ideahunting.net (“Platform”), the individuals or companies designated as “Idea Hunters” publish on the Internet their requests (“Pitches”) for creative solutions.
1.5. According to the available services in www.ideahunting.net (“Platform”), the individuals or companies designated as “Idea Creators” check the Pitches, developing and publishing ideas, concepts and/or maquettes (“Creative Solutions”) that they submit to the assessment of the Idea Hunter that has started a certain Pitch.
1.6. The Creators who happen to be the authors of the idea (or ideas) chosen by the Hunter, will be awarded a Prize Money in cash, previously set by the Hunter at the time it orders the publishing of its Pitch.
2.1. The Creator freely wishes to answer a Pitch identified on the Platform, developing and proposing a Creative Solution that it finds suitable to the objectives stated in the Pitch.
2.2. The Creator accepts that the Hunter, before making any cash payments, may check, assess and select its Creative Solution and its suitability to the objectives of the Pitch it has launched, according to the Terms and Conditions and with the Privacy Policy set out in the Platform.
2.3. The Creator accepts that the Hunter may not choose its Creative Solution, thus having no right to any cash payment by the submission of its Creative Solution, concerning the Pitch which it was submitted to.
2.4. The Creator understands and accepts that it will only be entitled to the cash Prize Money set at the time the Pitch was published, if its Creative Solution is selected by the Hunter.
3.1. This agreement shall be effective from the time when the Platform receives electronic confirmation that:
a. The Creator has submitted a Creative Solution to the Platform.
b. The Creator has accepted the service usage Terms and Conditions and its Privacy Policy.
c. The Creator has accepted the expressed conditions in this Agreement.
3.2. The confirmation of the effective date of this Agreement, together with its document, will be sent by the Platform by e-mail to the e-mail address provided by the Creator at the user registration on the Platform.
3.3. If for some reason the Creator does not receive this Agreement, it still must comply with the duties and obligations under this Agreement.
3.4. Having not received this Agreement, the Creator may request the Platform to send it again, expressing this request via legal@ideahunting.net.
4. TRANSFER OF THE CREATIVE SOLUTION TO THE IDEA HUNTER
4.1. According to the expressed conditions in this Agreement, the Creator allows the Company to keep its Creative Solution and to provide to the Hunter electronic access to it, through the service provided by the Platform, in order to assess the interest that the Hunter may have in acquiring the Creative Solution for commercial use.
4.2. According to the expressed conditions in this Agreement, the Creator accepts to transfer to the Idea Hunter all the intellectual rights of its Creative Solution, provided that the Hunter has chosen to purchase it for commercial use.
a. The “Intellectual Property Rights” shall consist of the following: confidential or other information owned by third parties, rights of authorship, copyrights, know-how, technologies, designs, images, plans, ideas, concepts, maquettes, inventions (whether they were previously patented or registered by their authors or not).
4.4. Should a Creative Solution have elements whose legal rights the Creator does not hold, such as images, fonts, songs and similar, the Creator must disclose, at the time of the submission of its Creative Solution to the Platform, which elements of its Solution have Third Party Rights.
4.5. The identity of the Creator will not be revealed at any point in the process. The Hunter will only have access to the username chosen by the Creator at the time it has made its registration on the Platform.
4.6. If the Hunter chooses a Creative Solution of the Creator, in addition to the username of the Creator, it will have access, through the Platform, to the City of Residence and Country of Origin that the Creator has entered at its registration.
5. CREATIVE SOLUTIONS NOT SELECTED BY THE IDEA HUNTER
5.1. All the intellectual property rights of the Creative Solutions that have not been selected by the Hunter who has launched the Pitch will be owned by their authors, who will be informed by e-mail of the outcome of the Pitch. The Pitch’s final result may also be checked by the Creator on the website www.ideahunting.net.
5.2. The Company is not liable if, for any reason, the Creator has not received the final result or is not aware of it through the website www.ideahunting.net.
5.3. The Creator accepts that the Company may keep, in its server, a copy of its Creative Solution, with restricted access to the employees of the Company.
6. APPOINTMENT OF PROJECTO MANHATTAN LTD. AS REPRESENTATIVE OF THE CREATOR
6.1. The Creator accepts that the Company becomes its representative to the Hunter until it closes the Pitch it has published on the Platform.
7.1. The Company shall inform the Creator if it is the author of a Creative Solution that has been chosen by the Hunter who has published the Pitch. This information will be sent electronically to the e-mail address the Creator has entered in its user registration. Alternatively, the Creator may check this information on the website www.ideahunting.net.
7.2. If the Creator is the author of a Creative Solution that has been chosen by the Hunter who has published the Pitch, the Company shall inform the Creator, by an e-mail sent to the e-mail address provided by the Idea Creator on its register, the amount of the cash prize money entitled to the Idea Creator, after tax deductions required by Portuguese law (referring to commercial transactions with individuals located outside Portugal, the Portuguese Department of Treasury will retain 20% of the Prize Money; in commercial transactions within the Portuguese territory, the VAT at the statutory rate will be included in the total Prize Money).
7.3. If the Creator is the author of a Creative Solution that has been chosen by the Hunter who has published the Pitch, it must provide to the Company, via e-mail address finance@ideahunting.net, the following elements within the following deadlines:
a. Within 5 working-days, an invoice/receipt in the amount of the cash Prize Money it is entitled to, based on the information sent by the Company as described in item 7.2. This invoice/receipt must contain the Tax Number of the Creator and must be endorsed to:
Projecto Manhattan Ltd. TAX NUMBER: 508 004 330 Travessa Particular à Rua da Centieira, 8 1800-300 Lisbon Portugal
b. Within 5 working-days, the necessary bank details to transfer the cash Prize Money it is entitled to. These details include:
iii. Name or number and address of the bank branch where you have account
7.4. The costs of the bank transfer made by the Company to the Creator are entirely borne by the Creator.
7.5. If the Creator fails to submit the required data within the mentioned deadlines, the Company will automatically become the owner of all the intellectual property rights of the Creative Idea submitted by the Creator.
7.6. The Company undertakes to transfer to the Creator the cash Prize Money it is entitled to, within 5 working-days, upon receiving the data described in the items 7.3.a and 7.3.b.
8.1. The Company shall declare the cancellation of a Pitch if the number of Creative Solutions is less than 5, excluding.
8.2. If the Pitch is declared invalid, the Company will apply immediately the described in the item 5.1, pledging to inform the Creator about this cancellation, through e-mail, within 5 working-days from the date the Pitch has reached its set deadline to receive Creative Solutions.
9.1. By submitting its Creative Solution on the Platform, the Creator is tacitly agreeing with the following:
a. The Creator states it has full powers to accept the terms and conditions of this Agreement and to submit a Creative Solution about a Pitch.
b. The Creator declares that its acceptance of the terms and conditions of this Agreement and the submission, and potential sale, of its Creative Solution does not violate any law, rule or applicable regulation, nor is any contractual conflict or any other obligation the Creator may have with third parties.
c. The Creator declares that it is the author of the Creative Solution it has submitted and that it is an original work, not violating any intellectual property rights or similar rights belonging to third parties.
9.2. If from the Creative Solution submitted by the Creator arises any legal proceeding, brought by third parties against the Hunter who has acquired it, or against the Company, for infringement of Third Party Rights of breaches and/or contractual conflicts between the Creator and third parties, the Creator agrees to indemnify the Company in the amount of court fees and others that the Company may be obliged to pay.
9.3. If the Creator is a Company, by submitting its Creative Solution to the Platform, it is tacitly declaring that:
a. It is a Company with legal existence and duly registered in its country of origin, in accordance with the rules and jurisdiction of that country.
b. It has legitimacy and authority to accept the terms and conditions of this Agreement and to submit the Creative Solution to the Platform.
10.1. The Company acknowledges that the unauthorized sharing of the Creative Solution with third parties other than the Hunter may damage the Creator.
10.2. The Company pledges to take actions in order to respect the confidentiality of the Hunter about a Creative Solution submitted by the Creator, including a written statement on how it will respect the confidentiality about all the submissions made to its Pitch.
10.3. Despite carrying out efforts to maintain the confidentiality of the Creative Solution of the Creator, the Company can not be liable by the Creator by the negligence of the Hunter in protecting from a third party the confidentiality of the Creative Solution the Creator has submitted.
11.1. The Creator understands and accepts that the Company may not be liable, in any event, by the misconduct of the Hunter when managing a Pitch it has published on the Platform, or by the non-compliance by the Hunter of the service usage Terms and Conditions available on the Platform.
11.2. The Creator understands and accepts that it may not come into direct contact with the Hunter except through the communication channels available on the Platform. Should this happen, the Creator will be unable to access the Platform and the Company will be holding the full rights of its Creative Solution, if the Pitch is not closed.
11.3. The Company reserves the right to terminate or suspend, at any time and without notice, the services provided by the Platform.
a. The terms and conditions on how should the Creator submit its Creative Solution.
b. An Appendix (A), containing all the elements of the Creative Solution that has been submitted by the Creator.
13.1. This Agreement is governed in accordance with the Portuguese law.
13.2. Any disputes arising under this Agreement shall be settled in the County Court of Lisbon.
