INNOVATIVE IDEA SUBMISSION TERMS & CONDITIONS
Tama Plastic Industry and its affiliates (collectively, “TAMA“, “we” or “Company”) welcome you (“you”) to submit your innovative ideas to the Company (the “Ideas“) using our submission form available at Tama’s website http://www.tama.co.il/ (the “Site“) (the “Submission Form“).
In order to be eligible to submit Ideas via the Submission Form you must be an individual over the age of eighteen (18) and possess the legal authority to enter into these rules and to form a binding legal agreement under any applicable law, and to fully perform your obligations hereunder.
Please note: Tama has no obligation to (i) use, commercialize and/or develop the Idea in any manner whatsoever and/or to incorporate the Idea in any of Tama’s current or future products, technologies or services; (ii) keep your Idea confidential; (iii) offer you feedback in regards to your Idea. You are submitting your Idea voluntarily, with no expectation that the Company will compensate you for the Idea.
Once you have submitted your Idea, your Idea will automatically become the property of Tama, without any form of compensation .To the extent you provide any Idea to Tama via the Submission Form, you hereby irrevocably assign and transfer to the Company, its successors, assignees or nominees, all of your rights, title and interest in and to the Idea, including without limitation any and all intellectual property rights associated therewith (such as patents, patent applications, copyrights, etc.), and all other present and future rights in relation thereto and arising therefrom.
If you are prohibited by law or third party contract from assigning particular Intellectual Property to Tama, or has the right by law not to assign particular Intellectual Property to Tama, then (in addition to any other rights or legal remedies that Tama may have to the extent such prohibition or right is contrary to the obligations of this Agreement) you hereby grant Tama an exclusive (or non-exclusive to the extent exclusivity is unavailable) fully paid up, worldwide, irrevocable, transferable and perpetual license under such Intellectual Property to the maximum extent permitted by law or third party contract.
For the avoidance of all doubt and without derogating from the generality of the foregoing, Tama will have an exclusive ownership rights in and to the Idea and will be free to use it as it sees fit and for any purpose whatsoever, including but not limited to, to incorporate the Ideas into any Tama current or future products, technologies or services, transfering your Idea to others, etc. Furthermore, you warrant that your Ideas are not subject to any license terms that would purport to require Tama to comply with any obligations with respect to any Tama current or future products, technologies or services that may incorporate any Ideas.
You hereby explicitly waive any moral rights (including but not limited to the right of integrity, the right of paternity and all other rights of authors of copyright works customarily referred to as “moral rights” throughout the world) that you might have with regard to the Idea howsoever arising and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world.
You hereby covenant and agree to assist the Company and its assignees in every proper way to secure the Company’s rights in and to the Idea in any and all jurisdictions and, to the extent required, to effect the assignment and transfer to the Company of the Idea, including without limitation, the execution of all applications, specifications, oaths, assurances, assignments and all other instruments which the Company shall deem necessary or expedient in order to apply for and obtain any copyrights, patents or other intellectual property rights relating thereto, testify in any legal proceeding, sign all lawful papers, execute all divisional, continuing, reissue and foreign applications and do everything possible to assist the Company to effect the assignment, the registration of all intellectual property rights in and to the Idea on the name of the Company and to obtain and enforce proper protection, ownership and rights of use for said Idea. You hereby irrevocably appoint the Company, its successors and its legal representatives, as your true and lawful attorney to execute such further documents and instruments, and do such other acts as may be necessary or appropriate in order to give effect to the provisions of this Idea assignment.
As a condition for Submitting Ideas to Tama, you hereby represent and warrant that: (i) the Idea you submitted to Tama via the Submission Form is your original work and that you are the sole and bona-fide rightful owner of all rights in and to your Idea, including all copyrights and any other intellectual property rights associated therewith, including the right to convey the entire interest in the Idea free and clear of any undertakings or obligations, and have not made, and will not make, any agreement in conflict herewith in respect to the Idea you submitted to Tama via the Submission Form.; (ii) the Idea you submitted to Tama via the Submission Form does not contain any third party rights and materials, including without limitation any third party copyrighted materials, trade secrets, confidential information, etc.; (iii) you have all the necessary licenses, rights, consents, and permissions required to enable the Company’s use of the Idea; (iv) the Idea you submitted to Tama via the Submission Form does not infringe any third party rights including without limitation any intellectual property rights, privacy rights, publicity rights; (v) the Idea you submitted to Tama via the Submission Form does not contain advertisements or solicitations of business, whether explicitly or implicitly; (vi) the execution and/or any act of acceptance of these terms does not and will not violate any other agreement to which you are bound to or any law, rule, regulation, order or judgment to which you are subject; (vii) the information you have and will provide to the Company is full, complete and true; and (ix) you have all necessary rights to disclose the Idea to Tama and that the Idea you submitted to Tama through the Submission Form shall be deemed to be non-confidential.
LIMITATION OF LIABILITY AND INDEMNIFICATION:
The use of Platform is solely at your own risk. In no event will Tama be liable for any loss or damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, or for personal injury, resulting from or arising out of your use of the Platform. You hereby waive any claim you may have against Tama, its officers, directors, affiliates or employees, in this regard. Tama reserves the right, at its sole discretion, to cancel, terminate, modify or suspend these Submission Form Terms and the Submission Form. You agree to indemnify, defend and hold harmless Tama from and against any and all damages, costs (including, without limitation, reasonable attorneys’ fees), expenses, liabilities and claims, including third party claims and causes of actions, in any way arising by reason of or relating to any breach or alleged breach by you of any warranty, representation or any other provision in these Submission Form Terms.