Acceptance of Terms of Service

Use of the Brightidea Incorporated  web site and the Services available from the brightidea web site (the "Service") is subject to the following Terms of Service ("TOS"). Please read the TOS carefully before using or registering for the Service, as your use of the Service will signify your assent to be bound by these terms.

     The Service   

The Service is owned and operated by Brightidea, Incorporated ("brightidea"). Founded in June of 1999, brightidea hosts a listing of ideas generated by our members on an enormous array of subjects. The Service provides a forum for members to post and rate the ideas contained within the brightidea web site. 

      Access and Registration   

In order to use the Service, you need the equipment necessary to connect to the World Wide Web ("WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online Service). In order to submit ideas and obtain other benefits and Services, you must register with brightidea. You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete.

      Privacy   

Your privacy is important to brightidea. All information gathered from you in connection with your use of Service will be governed by the provisions of the brightidea Privacy Policy.

      Password and Security   

Upon registration, you will choose a Member ID and Password. You are responsible for keeping your Member ID and Password confidential. We recommend you memorize this information, and not write it down. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify brightidea of any actual or suspected unauthorized use of your account or password. brightidea will not be responsible for any loss to you arising from your failure to comply with the above.

      Submission of Ideas and other Content   

brightidea aims to assemble a uniquely diverse community of member-generated Content. You, the member, are the best resource for ideas because of your distinctive perception of the way the world works. You understand that all ideas, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, and images, information, data, graphics, photographs, software, messages or other materials (collectively, "Content") appearing on the Service or submitted to the Service is originated by a person or entity other than brightidea.

You understand that brightidea will have the right (but under no circumstances the obligation) to screen, edit, refuse to post, or remove any Content, in whole or in part, from any publicly available portion of the Service at its sole discretion, including, but not limited to Content that violates the TOS or is otherwise objectionable.  brightidea reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By submitting Content to brightidea, you warrant that:

            (a) you are the owner of such Content, or have been granted all the rights necessary from the Content owner to submit such Content to brightidea (you may post Content that was developed prior to your membership with brightidea), and

            (b) the use of such Content by brightidea will not infringe the intellectual property rights of or otherwise violate the rights of any third party.

      License

By submitting Content to brightidea: (i) you automatically grant to brightidea (or warrant that the Content owner has granted to brightidea), a nonexclusive, transferable, royalty-free worldwide license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such Content to or on any other web-site or on-line Service (except your own personal web-site) without brightidea's prior written consent. Consent may be requested by sending an e-mail to copyright@brightidea. All requests will be reviewed in good faith. This provision will operate to enhance and maintain value in Content contributed by you and, thus, to draw traffic to Content contributed by you for which you will be compensated pursuant to the brightidea Idea Royalty Program. Nonadherence to this provision will be construed as a violation of this TOS, unless your post is accompanied with the following attribution: "You can read this [description of Content] and related [description of Content] at [URL of the review page on brightidea]."

Should brightidea identify someone who is displaying Content contributed by you in violation of this Agreement and brightidea wishes to take action against the infringer, brightidea may directly enforce your ownership rights in the Content against the infringer, and you authorize brightidea to take any actions, including action on your behalf, that brightidea reasonably deems necessary or appropriate to protect the parties' respective rights. brightidea may also contact you to seek your help with the action. brightidea may join you as a co-plaintiff to the action, and any resulting damages or settlements from such action shall be solely of Brighidea.com.

You further acknowledge and agree that brightidea may assign this license to a third party, including brightidea’s partners and affiliates.

• post or transmit any Content that is unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
• submit, post, upload or otherwise transmit any Content that infringes or otherwise violates the rights of any third party, including without limitation property rights, trade secret rights and privacy rights;
• advertise or offer to sell any goods or Services for any commercial purpose;
• gather and use information, such as other users’ email addresses, available from the Site to transmit any unsolicited advertising, “junk mail”, “spam”, or “chain letters;”
• impersonate or misrepresent Your affiliation with any person or entity;
• falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other Content appearing on the Service or contained in a file that is uploaded;
• access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
• harm minors;
• stalk or harass another individual;
• frame or link to the Site except as expressly permitted in writing by brightidea; or
• violate any applicable local, state, federal, or international law or regulation.

brightidea does not control or endorse the Content displayed on the Service, and therefore, cannot guarantee the accuracy, quality, or reliability of the Content on the Service, or be liable for the Content on the Service.

     Copyright: Restrictions on Use   

All Content is protected by copyrights, trademarks, Service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by brightidea or its licensors. You acknowledge that the Service and any underlying technology used in connection with the Service contains proprietary and confidential information of brightidea. You may not copy, reproduce (except as stated below), publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Service. If you feel that any Content which was not posted by you on the Service infringes your copyrights, you may contact brightidea's copyright agent at the following address:

     Copyright Agent
     brightidea
     14 Wall Street, 11th Floor
     New York, NY 10005
     By phone: 212-267-5877
     By email: copyright@brightidea

Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Service, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

     Permitted Use   

You may make a single copy of posted ideas, articles or other portions of Content on your hard drive or in print for your own personal, non-commercial use, provided that you do not alter the Content, or remove any copyright, trademark or other proprietary notice contained in the Content. You may also e-mail a single copy of product reviews to your friends or other individuals, provided that they comply with the restrictions set forth in the preceding sentence. Any other copying, or any republication or distribution of the Content, or a portion of the Content, is expressly prohibited without the prior permission of brightidea and/or the copyright holder identified in the applicable copyright notice. Any unauthorized use of the content for Commercial gain will be strictly enforced under the applicable federal and state statues. Any Permission requests may be sent to copyright@brightidea .

     Trademarks   

Brightidea is a Service mark of brightidea. Third party trademarks, Service marks, logos, and trade names appearing on the Service are the property of their respective owners.

     Changes to Service or TOS   

brightidea may modify, suspend or discontinue any portion or Service of the Service at any time, with or without notice. The Service is currently accessible to members without charge, however Brightidea reserves the right to charge for one or more portions of the Service in the future. (Brightidea will notify you of any fees associated with any portion of the Service, and require you to subscribe to such portion of the Service, prior to charging you any fees.) brightidea reserves the right to modify the TOS at any time. Any modifications shall be effective upon the earlier of the posting by brightidea of the modified TOS at the following  Brightidea TOS Agreement., or direct e-mail notification of the changes to you. You agree to review these TOS periodically so that you are aware of any modifications. Your continued use or membership of the Service shall be deemed your acceptance of the modified TOS. You agree that the above-listed standards for notice of changes are reasonable.

     Failure to Comply with TOS   

You acknowledge and agree that Brightidea may suspend or terminate your membership account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that Brightidea believes, in its sole discretion: (a) violates any term or provision of the TOS, (b) violates the rights of Brightidea or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, Brightidea reserves the right to terminate inactive membership accounts. You agree that upon termination, we may delete all information related to your account and may bar your access to your account and the Service.

     Links   

The Site may contain links to other web sites or resources. You acknowledge and agree that Brightidea is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the Content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.

     Relationship with Merchants   

Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold Brightidea liable for any loss of damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

     Termination   

You may discontinue your participation in and access to the Service at any time. The TOS will continue to apply to all past use of the Service by you, even if you are no longer using it.

     Disclaimer   

The Service contains ideas, statements, recommendations, and information from third party individuals and organizations.  Brightidea does not endorse or make any representations as to the accuracy, timeliness, completeness or credibility of any idea, statement, recommendation or other Content contained in, uploaded to, or distributed through the Service.  You acknowledge that you will rely on any such ideas, statements, recommendations, information, and Content solely at your own risk.  The Service is provided to you "as is" with no warranty to the maximum extent permitted by law.  Brightidea and its suppliers disclaim all representations and warranties, express or implied, with the Service and the Content, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title. Non-infringement, and implied warranties arising form course of dealing or course of performance.  Brightidea does not warrant, or make any representations regarding the quality or merchantability of any products or Services suggested through an idea, available, or advertised through the Service.  In addition, although Brightidea intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Service, Brightidea does not warrant that the Service or Content contained in the Service will be uninterrupted or error free, or that any information, or other material accessible through the Services is free of viruses, worms, Trojan Horses, or other harmful components.  Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

     Limitation of Liability   

You understand and agree that in no event will Brightidea or its offices, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any consequential, indirect, incidental, special or punitive damages, whether in an action under statute, contract, negligence or any other theory, arising out of: (i) your use or inability to use the Service, (ii) your reliance on any Content, or (iii) any goods or services advertised on the Service; even if Brightidea or any other related party  has been advised of the possibility of such damages, because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.

     Indemnification   

You agree to indemnify, defend and hold harmless Brightidea and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the TOS, your infringement or violation of any intellectual property, trade secret or other right of a third party, your Content, or from your violation of any applicable law.

    Governing Body   

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.

     Miscellaneous   

These Terms of Service constitute the entire agreement between you and Brightidea with respect to the Service, and the TOS replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Service. If any provision of the TOS is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the TOS shall remain in full force and effect. The failure by Brightidea to insist upon or enforce strict performance of any provision of the TOS will not be construed as a waiver of any provision or right of Brightide. The TOS will inure to the benefit of Brightidea and its successors and assigns.