Last Updated: October 13, 2008

Bulbstorm, Inc. ("Bulbstorm") -- Terms of Use

This website (the "Site") is an online venue where users can post ideas and submit feedback. We provide this Site and the associated products and services (the "Products and Services") available thereon to you, subject to the following Terms of Use, which may be updated by Bulbstorm at any time upon posting to this Site. We urge you to read these Terms of Use carefully.

The Products and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Products or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Bulbstorm and its suppliers do not grant any express or implied rights to use the Products and Services. You agree not to copy, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Products or Services, any portions of the Site, Products or Services or the selection and arrangement of the Site, Products or Services, except as expressly authorized herein. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Bulbstorm or other third parties. You are not permitted to use the Marks without the prior written consent of Bulbstorm or such third party that may own the Marks.

When using particular Products and Services, you and Bulbstorm shall be subject to any posted policies, guidelines or rules applicable to such Products and Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use. By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Product or Service. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.

Bulbstorm currently provides users with access to a variety of Products and Services, which may include but are not limited to, various communications tools, discussion groups, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Unless explicitly stated otherwise, any new features that augment or enhance the current Products and Services shall be subject to the Terms of Use. The Site uses a variety of specific terms and phrases, which are unique to the Site and help to explain how the Site is designed to work. These include the following:

• Account means an online account at the Site created by a Member or Bulber for the posting of Bulbs and other activities.
• Bulb is an idea created by a Bulber. Summary details concerning a Bulb are available to Members and non-members, including the Bulb title and image (if available). Other details concerning a Bulb are viewable based on the relevant Bulb status: Lights Out, Yellow and Green.
• Lights Out Bulb -- is a Bulb whose details are not available for viewing by persons other than the Bulb creator. During current testing periods The Bulb title, image (if available), and other elements noted as Public Bulb Information may be viewable on the site.
• Yellow Bulb -- is a Bulb whose details are available only to those Members selected by the Bulb creator. The Bulb title, image (if available), and other elements noted as Public Bulb Information will be viewable on the site.
• Green Bulb -- is a Bulb in which all details (except features that have been Bulb Locked) posted by the Bulb creator are available for viewing by Members and non-Members.

• Bulber is a Member whose Account includes the right to post Bulbs on the Site

• Bulblock is a feature that allows the Bulb creator to hide certain details relating to a Bulb while allowing other details to be openly accessible. The Member may request the acceptance of a non-disclosure agreement (NDA) by the requesting party before granting access to the restricted material. The member may use the sample NDA provided by bulbstorm, input their own, or request no NDA. While bulbstorm provides a sample NDA for Members use, bulbstorm does not endorse this specific agreement. Members should consult a legal advisor to determine if and how they should use the bulblock feature.

• Member means a User who completes the registration procedures on the Site

• User means any Member or non-Member who accesses and uses the Site

• Watts are units that Members on the site earn through their continued use and involvement with Site. Once Bulbstorm's Member advertising program is launched, Members will be able to use Watts to purchase advertising space on the Site to promote their Bulb or Member profile.

Users under the age of eighteen (18) are prohibited from using the Products and Services or the Site. Provided that you are not under the age of eighteen (18), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and the Products and Services (the "License"). The License will terminate immediately without notice from us, in our sole discretion, should you fail to comply with any term or provision of the Terms of Use. Upon such termination, you may not access, use, or view the Site. If you are issued a password and account by Bulbstorm to access any Products and Services available on the Site, you agree that you will be personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to (a) immediately notify Bulbstorm of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bulbstorm will not be liable for any loss or damage arising from your failure to comply with any of the foregoing requirements. We reserve the right to investigate suspected violations of the Terms of Use. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our Products and Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

In order to use certain Products and Services, or to become a Member or Bulber, you will be required to register with Bulbstorm. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bulbstorm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bulbstorm has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When you sign up to become a Member or Bulber, you will also be asked to choose a login and/or a password. You are entirely responsible for maintaining the confidentiality of your login and password. You agree not to use the User name, login or password of another Member at any time or to disclose your login or password to any third party. You agree to notify Bulbstorm immediately if you suspect any unauthorized use of your Account or access to your login password. You are solely responsible for any and all use of your Account.

If you are a Member or Bulber, you may deactivate your Account at any time, for any reason, by following the instructions posted on the Site. Bulbstorm retains the right (at its sole discretion) to delete or deactivate your Account, block your email or IP address, or otherwise terminate your access to or use of the Site, or remove and discard any Content posted by you without notice and for any reason. You agree that Bulbstorm may, with or without cause, immediately terminate your Account without prior notice, and Bulbstorm shall not be liable to you nor any third-party for any termination of your Account or your access to the Site.

When you deactivate your Account, Content that you previously provided to other Users may remain on the Site, as well as limited profile information. Bulbstorm is not responsible for deleting Content on your behalf. If you deactivate your Account after paying for premium services, Bulbstorm will have no obligation to refund fees paid by you for the premium services..

Creation of an Account may allow a Member to post a Member profile. Bulbstorm will not pre-screen or approve Member profile pages and does not warrant the accuracy or truthfulness of any information set forth in a Member profile. You should take the normal precautions when communicating information to or entering into transactions with a Member.

Use of the Products and Services and this Site is subject to the Bulbstorm Privacy Policy. A link to the Privacy Policy can be found at the bottom of each web page on the Site..

You are prohibited from using the Products and Services to post or send (a) messages that are unrelated to a particular topic of discussion of a news group or message board facilitated by Bulbstorm, (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' email addresses from the Bulbstorm site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Products and Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names. Any violations of Bulbstorm's Terms of Use or this Spam Policy may result in legal action against the violator and the termination, without notice, of the violator's ID and/or any other of the violator's rights or access associated with Bulbstorm, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. Bulbstorm does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

You agree that you will not harvest or collect any information, including email addresses, for any Users or subscribers of any Service for any purpose whatsoever.

In many cases, Users of the Site are allowed to submit content to the Site, which includes but is not limited to such items as Bulbs, formats and documents, code, articles, music, sound, photographs, videos, topical questions or responses submitted through the forums (collectively, the "Content"). Bulbstorm does not ascertain ownership of Content placed on site, the site serves only as a platform for Users to place Content on the Site to receive feedback. No ownership is implied or stated by Bulbstorm. Bulbstorm does not claim ownership of any Content submitted by Users, but by submitting such Content Users grant Bulbstorm a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content. You shall be solely responsible for your own Content submissions, and the consequences of posting and publishing the Content. Bulbstorm reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of Bulbstorm. Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting Content certify that their submissions contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. Bulbstorm assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that Bulbstorm is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Bulbstorm will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question. If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Bulbstorm of any such copyright or other intellectual property rights infringement at dmcacontact@bulbstorm.com, in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. When reporting an infringement, please ensure you provide all of the following information: (i) a detailed description of the Content on the Site that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information is accurate, and (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner; and (C) your physical address, telephone number, and email address. Bulbstorm will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). As a general matter, Bulbstorm does not pre-screen User or third party Content posted on the Site, except for certain areas where Bulbstorm may employ certain automated screening software, although Bulbstorm reserves the right to do so. Bulbstorm does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Bulbstorm reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Bulbstorm.

From time to time, Bulbstorm may offer certain premium services on the Site for a fee. Any applicable fees and charges will be described on the Site, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. Bulbstorm may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.

From time to time, Bulbstorm may also create a marketplace where Members can buy and sell products. All listings posted on or through a Bulbstorm marketplace service and all transactions conducted in connection therewith will be subject to and governed by separate posted Bulbstorm marketplace guidelines (the "Guidelines") as well as these Terms of Use. When you use a Bulbstorm marketplace in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in Bulbstorm's sole discretion, so you should review the Guidelines each time you use Bulbstorm marketplace. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Bulbstorm marketplace. You acknowledge that Bulbstorm is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Bulbstorm applicable to Bulbstorm marketplace will be set forth on the Site, and all terms and conditions applicable to such fees will be set forth in the Guidelines. Any use of a Bulbstorm marketplace is provided "AS IS" and at your own risk.

The Site and Products and Services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Bulbstorm and Bulbstorm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bulbstorm is not responsible for any form of transmission received from any Linked Site nor is Bulbstorm responsible if the Linked Site is not working appropriately. Bulbstorm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bulbstorm of the Linked Site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, Bulbstorm is under no obligation to link to any site. You access the Linked Sites at your own risk and expressly relieve Bulbstorm from any and all liability arising from your use of any Linked Site.

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE PRODUCTS AND SERVICES, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE PRODUCTS OR SERVICES, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE PRODUCTS AND SERVICES ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE THEM AT YOUR OWN RISK, AND BULBSTORM, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THEIR CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BULBSTORM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You will indemnify and hold Bulbstorm, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from (1) your violation of these Terms of Use, (2) any Content submitted to, uploaded to, or transmitted via Bulbstorm by you, or (3) your violation of any rights (including intellectual property rights) of a third party through your use of the Site.

You hereby acknowledge that your breach of the Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of the Terms of Use may also entitle us to bring an action against you for any and all other remedies available at law or in equity.

We operate and control our Site from our location in the State of Arizona, in the United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so on your own initiative and are responsible for compliance with applicable laws and regulations You agree that the Terms of Use, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

We reserve the right, at any time and without notice, to add to, change, update or modify the Terms of Use, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.

In addition to these Terms of Use, you agree to comply with all other policies and terms applicable to the Site and Bulbstorm, which policies and terms are (i) either posted on the Site or otherwise provided to you in writing, or (ii) incorporated by reference into these Terms.