Terms of Use

These are the Terms of Use for imaginesd.org (the “Site”), a website maintained by the South Dakota State University Growth Partnership Ltd., a South Dakota non-profit corporation (the “Growth Partnership”) in connection with the Research Park at SDSU (the “Research Park”).

To use the Site to submit a business pitch or share information (collectively a “Submission”), you must agree and be bound by the following terms.   By use of the Site, you represent and agree:

User Requirements

  • You are at least 18 years old and, when necessary, are authorized to access the Site for any business or employer you represent.
  • When requested, you provide correct information, including your full name, the legal name of the business you represent, and a current email address.
  • Your use of our Site will comply with these Terms of Use, the Privacy Policy and all applicable laws, rules and regulations, including securities laws governing investment.
  • You will maintain the security of any account and password issued to you and will be liable for any activity using your account and password, whether or not authorized.

If you do not comply with these requirements, your access to the Site may be terminated.

Your Submission

  • YOUR SUBMISSION IS NOT ENTITLED TO PROTECTIONS AS CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET INFORMATION AND WILL BE DISCLOSED TO THE RESEARCH PARK AND OTHER RELEVANT INDIVIDUALS.
  • You own or have the right to use all content (graphics, data, links etc.) in your Submission. If you are making a Submission on behalf of a business or your employer, you are authorized by that party to use the content for a Submission.
  • The Submission does not infringe upon or violate the rights of any party, including copyright, trademark, trade secrets or patent. You will defend, indemnify and hold the Growth Partnership and any Recipient (defined below) harmless from and against any claims, damages, costs and fees arising out of any actual or alleged infringement or violation of rights related to your Submission.
  • Research Park officers, employees or agents (“Staff”), an Entrepreneurial Advisory Board of volunteer entrepreneurs and industry experts (“EAB”) (each of whom is a “Recipient”). A Recipient may choose to, but has no obligation, to contact you regarding your Submission.
  • No Recipient has any liability or obligations of any kind based on review of a Submission and does not owe you any compensation in connection with your Submission.  Review of your Submission does not prohibit a Recipient from any future action, whether or not similar to that proposed in your Submission.
  • You retain the rights to your content in your Submission, but grant each Recipient a non-exclusive license to view, reproduce and distribute the Submission for purposes of validation, feedback, improvement or potential collaboration or investment.

 

Our Disclaimers

You acknowledge and agree that:

  • THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO USE OF THE SITE OR ANY RESULTING COLLABORATION, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • We do not and cannot warrant your access to and use of the Site will be uninterrupted, timely, secure, error or virus free, or the results from the use of the Site or the connections or resulting collaboration will meet your expectations.
  • Use of the Site is at your sole risk. You will be solely responsible for any damage to your computer system or loss of data that results from accessing the Site.
  • No advice or information, whether oral or written, obtained from the Site, Research Park Staff or EAB will create any warranty not expressly stated in these Terms of Use.

Our Remedies

If you breach these Terms of Use, the Growth Partnership and each Recipient will be entitled to all remedies available under applicable law, including, but not limited to, recovery of interest, attorneys’ fees and costs.    You will defend, indemnify and hold the Growth Partnership and each Recipient harmless from any and all liabilities, damages and expenses (including interest, attorneys’ fees and costs) incurred by or asserted against them by a third party as a result of your breach of these Terms of Use or the Privacy Policy.

Prohibited Activities

You agree not to engage in any of the following activities with respect to the Site:

  • Copying, reproducing, distributing, reselling or exploiting the business pitches or slides, or creating derivative works based on them, except as expressly allowed.
  • Modifying, adapting or hacking our Site or modifying another Site to falsely imply that it is associated with our Site, the Research Park or the EAB.
  • Submitting content that is unlawful, infringing, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the rights of any person or entity or these Terms of Use.
  • Spamming, mail bombing, spoofing, pharming, phishing or other fraudulent or harmful use of the Site.
  • Transmitting any virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program.
  • Any verbal, written or other harassing, abusive or threating behavior to the Research Park Staff, the EAB or any Recipient or their affiliates.

Consent and Changes to Terms of Use

We may update or revise these Terms of Use.  When a change is made, the “last updated” date at the beginning of these Terms of Use will change.  Please check for updates as continued use of Site constitutes your consent to the Terms of Use with any updates.

General Terms

  • Our failure to enforce any right or term in these Terms of Use will not constitute a waiver of such right or term.
  • The Terms of Use and our Privacy Policy are governed by and must be interpreted according to the laws of the State of South Dakota, without regard to conflicts of laws principles.
  • You agree that any legal action arising from or related to the Terms of Use, or the use or inability to use the website, commercials and production services, will be brought only in the state or federal courts serving Brookings County, South Dakota, and you consent to the jurisdiction of such courts.

Contact Information

We welcome your questions about these Terms of Use or making a Submission.  You may contact us by email to info@imaginesd.org.   You may also submit a message through our Contact Us page, or call the Research Park at (605) 696-5600.  Research Park Staff are available during normal business hours.