Terms of Use of Brookstone Launch

I.                   Introduction

Welcome to Brookstone Launch!

Before you go any farther, we would like to get you acquainted, and confirm your agreement, with the terms of your use of the Brookstone Launch Site and the services offered on the Site.  Before you can create a username to login and use the Site, you must agree to these Terms of Use.

These Terms of Use were updated on April 20, 2015 at 10:33am and apply to your use of the Site.  This version of the Terms of Use supersedes and replaces all previous versions of the Terms of Use to which you may have previously agreed.  To see previous versions of these Terms of Use, click here (no previous terms at this time)

Certain definitions applicable to these Terms of Use

Certain capitalized terms used in these Terms of Use shall have the meanings specified in this Section and shall be equally applicable to both the singular and plural forms.  The word “person(s)” shall include any legal entity(ies) as well as natural person(s).  The words “including,” “include,” and “includes” shall each be deemed to be followed by the words “without limitation.”  Except to the extent expressly indicated otherwise, reference to any statute or regulation means such statute or regulation as amended from time to time and includes any successor statute or regulation.

         “Brookstone”, “we”, “us”, and “our” means Brookstone Company, Inc., together with its affiliates, parents, and subsidiaries.

         “Claim” means any litigation, debts, obligations, reckonings, promises, covenants, agreements, controversies, suits, actions, causes of action, damages, losses, claims or demands, costs, injunctions, expenses, or fees (including reasonable attorney’s fees), in law or in equity.

         “Services” means all services offered through the Site including, specifically, the ability for users like you to add Submitted Content to the Site.

         “Site” means the website located at https://brookstone.brightidea.com/and all subdomains thereto.

         “Submitted Content” means any content that you add to the Site or submit to the Site using any of the Services.

         “Terms of Use” means these terms of use for the Site and any amendments thereto.

II.                Getting started and creating a user account

You must be at least eighteen (18) years of age to use this Site, any of the Services, and to create a user account.  By agreeing to these Terms of Use, you warrant and represent that you are at least eighteen (18) years of age; that the information you provide when creating your user account is accurate, is your own personal information, and not that of another person; and that your use of the Site does not violate the rights of anyone else and is not unlawful where you live or anywhere you access the Site.

The Site and the Services are offered by Brookstone.  By using this Site and the Services, you are agreeing to these Terms of Use and you agree that Brookstone may change the Terms of Use from time to time at its sole discretion.  You also agree that Brookstone may prevent you from using your login account to access and use the Site if you do not expressly agree with any new updates or changes to these Terms of Use or for any other reason in Brookstone’s sole discretion.

While these Terms of Use apply to your use of the entire Site, there are additional terms and conditions that also apply to Submitted Content.  Click here to see our current Terms and Conditions for Submission of Information to Brookstone Launch https://brookstone.brightidea.com/ct/# (the “Submission Terms”).  You must agree to the Submission Terms, as updated from time to time, separately each time you submit to Brookstone certain Submitted Content.

By agreeing to these Terms of Use and using the Site, you agree that the Terms of Use and all exclusions and limitations of liability set forth herein are reasonable. 

III.             Relationship between you and Brookstone

You agree that your acceptance of these Terms of Use and your use of the Site and the Services does not cause you to be an employee, agent, partner, or joint venturer of Brookstone and does not cause Brookstone to be an employer, agent, partner, or joint venturer of you.

IV.              Ownership of content

You understand and acknowledge that Brookstone owns, or is licensed to use, all of the content on the Site and all of the intellectual property rights in and to that content and you expressly waive any right to claim otherwise.

You represent and warrant that you own all of your Submitted Content and that neither the Submitted Content nor your submission of such Submitted Content to this Site violates any law or the rights of any third party – including, without limitation, patent rights, trademark rights, copyrights, contract rights, privacy rights, or other legal rights.

To the extent that any part of your Submitted Content suggests, contemplates, discusses, or otherwise discloses any modification or improvement of any kind to a product that Brookstone has ever developed or offered for sale, then you grant to Brookstone a worldwide, irrevocable, non-exclusive, royalty-free license to utilize such Submitted Content in any way, including but not limited to the right to make, use, and sell the subject matter of your Submission.

You grant to Brookstone a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and distribute your Submitted Content in any existing or future format and media.  You also grant to Brookstone the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You agree that Brookstone may edit or remove any of your Submitted Content for any reason at its sole discretion.

V.                 Restrictions of use

You are responsible for your user account and all of the activity on the Site through that account.  Brookstone reserves the right to restrict your access to certain areas of the Site or the entire Site at Brookstone’s sole discretion and you agree that Brookstone may disable your user ID and password without notice or explanation.  You agree that you will not do any of the following or allow your account to be used for any of the following:

         Including within your Submitted Content any information or content that is threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

         Anything that harms the Site or the hardware or software operating the Site or disrupts the normal operation of the Site, including the distribution of viruses or malware, or any other computer code that could disrupt the operation of the Site or any other user’s use of the Site.

         Anything that circumvents the security functions that are used on the Site.

         The unauthorized use of anyone else’s user account other than your own.

         Any transmission of unsolicited communications seeking or inviting any commercial transaction or any action that could reasonably lead to a commercial transaction.

         The use of any computer program that “crawls” the Site and collects information.

         Anything that could reverse engineer the Site or obtain its source code.

         Any commercial use of any of the information on the Site without Brookstone’s prior express and written consent.

         Any reproduction, adaptation, or creation of a derivative work of any content on the Site without Brookstone’s prior express and written consent.

VI.              No warranties

The Site, the Services, and the information contained on the Site are provided “as is” without any representations or warranties, express or implied and Brookstone makes no representations or warranties in relation to the Site, the Services, and the information contained on the Site except those expressly made herein.

VII.           Limitations of liability

IN NO EVENT SHALL BROOKSTONE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF, OR IN CONNECTION WITH, THE SITE OR THE SERVICES.

VIII.        Severability

If any provision of these Terms of Use is held invalid, illegal or unenforceable, then the remaining provisions shall continue in full force and effect.

IX.              General Release and Indemnity

In consideration for your permitted use of the Site in accordance with these Terms of Use, you agree to generally release, remise, and forever discharge Brookstone of, and from, any and all Claims, whether known or unknown, foreseen or unforeseen, asserted or unasserted, disclosed or undisclosed which you ever had or may have had against Brookstone since the beginning of time up to and including the date you last access or otherwise use the Site.

You agree to indemnify, defend at your own expense, and hold harmless Brookstone against any Claim arising from or attributable to either: (1) your breach of any of your representations, warranties, obligations, duties, or covenants in these Terms of Use; or (2) any allegation by a third party that any of your Submitted Content infringes a patent, copyright, trade secret or other intellectual property right of a third party.

X.                 Assignment

You agree that Brookstone may assign the Site, your Submitted Content, these Terms of Use and any of its rights or obligations under these Terms of Use to anyone without notice and without your prior consent.  You may not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use to anyone without Brookstone’s prior express and written consent.

XI.              Entire agreement

These Terms of Use and the Submission Terms, each as updated from time to time, constitute the entire agreement between you and Brookstone as it relates to your use of the Site and the Services and supersede any previous agreement between you and Brookstone relating to your use of the Site or the Submitted Content.

XII.           Copyright Infringement Policy (Digital Millennium Copyright Act compliance)

By agreeing to these Terms of Use, you represent to Brookstone that you have read and agree to the Brookstone Launch DMCA Policy available here https://brookstone.brightidea.com/ct/#

XIII.        Law and jurisdiction

These Terms of Use will be construed in accordance with, and governed by, the laws of the State of New Hampshire, without giving effect to the principles of conflict of laws thereof.  You and Brookstone agree that any litigation will be subject to the exclusive jurisdiction and venue of the New Hampshire state courts located in New Hampshire (or, if there is exclusive federal jurisdiction, the United States District Court for New Hampshire), and the parties hereby submit to the personal and exclusive jurisdiction and venue of these courts.

 


Terms and Conditions for Submission of Content to Brookstone Launch

I.                   Introduction

We are delighted that you are interested in submitting an idea or other content to Brookstone Launch.  Before you go any farther, we would like to get you acquainted, and confirm your agreement with, these Terms and Conditions for your submission of that content to us.  Before you can submit any idea or information to the Site, you must agree to these Terms and Conditions.

These Terms and Conditions for submission of content to Brookstone Launch were updated on April 20, 2015 at 10:38 am and apply to your use of the Site.  This version of the Terms and Conditions supersedes and replaces all previous versions of the Terms and Conditions that you may have previously agreed to.  To see previous versions of these Terms and Conditions, click here (there are no previous terms at this time)

These Terms and Conditions supplement the Terms of Use of the Site that you previously agreed to (which are hereby incorporated by reference) (the “Terms of Use”).  To the extent that any provision of these Terms and Conditions conflict with the Terms of Use, the provisions of these Terms and Conditions will prevail and govern and control such conflict.

II.                Certain definitions applicable to these Terms and Conditions

Certain capitalized terms used in these Terms and Conditions shall have the meanings specified in this Section and shall be equally applicable to both the singular and plural forms.  The word “person(s)” shall include any legal entity(ies) as well as natural person(s).  The words “including,” “include,” and “includes” shall each be deemed to be followed by the words “without limitation.”

         “Brookstone”, “we”, “us”, and “our” means Brookstone Company, Inc., together with its affiliates, parents, and subsidiaries.

         “Claim” means any litigation, debts, obligations, reckonings, promises, covenants, agreements, controversies, suits, actions, causes of action, damages, losses, claims or demands, costs, injunctions, expenses, or fees (including reasonable attorney’s fees), in law or in equity.

         “Services” means all services offered through the Site including, specifically, the ability for users like you to add Submitted Content to the Site.

         “Site” means the website located at https://brookstone.brightidea.com/and all subdomains thereto.

         “Submission” means all information provided by you through the Site governed by these Terms and Conditions, including but not limited to all Submitted Content comprising an idea for a new product, a product improvement, or comments on a Submission by another user.

         “Submitted Content” means any content that you add to the Site or submit to the Site using any of the Services.

         “Terms and Conditions” means these terms and conditions and any amendments thereto.

III.             Non-Confidential Submission

By agreeing to these Terms and Conditions, you acknowledge and agree that all information included in or comprising your Submission is not confidential and does not contain, reflect, constitute, or otherwise comprise information that is confidential information or a trade secret of you or any other person.

You agree that Brookstone may publish and/or reproduce your Submission, in whole or in part, on the Site or elsewhere.

IF YOU WISH TO KEEP YOUR SUBMISSION CONFIDENTIAL, DO NOT AGREE TO THESE TERMS AND CONDITIONS AND DO NOT COMPLETE YOUR SUBMISSION.

If Brookstone decides to pursue any action with you with respect to your Submission, then we may contact you to discuss ways to keep any additional information confidential.

IV.              Your representations to Brookstone

By agreeing to these Terms and Conditions, you represent and warrant to Brookstone each of the following:

         You must be at least eighteen (18) years of age to make a Submission.  By agreeing to these Terms and Conditions, you warrant and represent that you are at least eighteen (18) years of age.

         You are the sole owner of all of the content of your Submission and the ideas that make up your Submission originated with you and that you are not submitting it on behalf of another person unless the identity of that person is disclosed in your Submission.

         Your Submission is complete and accurate to the best of your knowledge.

         Neither you nor any other person has assigned, transferred or licensed any rights in, ownership of, or intellectual property related to, the content in your Submission.

         You are not aware of, to the best of your knowledge, any infringement or potential infringement of any content in your Submission of the intellectual property rights of any third party.

         By making your Submission, you are not violating any law of any state or the United States.

         Your Submission does not include any material that is libelous.

         By making this Submission, you are not violating any agreement or understanding that you have with another party, including your current or former employer.

         You are aware that under the law of the United States and most foreign countries, you may be able to protect intellectual property that is included in your Submission through application for patents, trademarks, copyrights or maintain your Submission as a trade secret by protecting it from non-confidential disclosure.

         Brookstone is under no obligation to develop or otherwise use your Submission or to hold it in confidence.

         You will not be compensated by Brookstone for your Submission unless you and Brookstone otherwise agree in writing.

         You are only including one idea per Submission.

V.                 No duty to develop

You agree that Brookstone is under no duty to develop or otherwise accept or use your Submission and that Brookstone may select, at its sole discretion, whether and how to proceed with the next steps to develop or otherwise use the information included in your Submission.

You acknowledge that Brookstone may already be working on or developing a product or idea that is the same as, or similar to, your Submission and that Brookstone has no obligation, payment or otherwise, to you as a result of such Brookstone product or idea.

VI.              Ownership, license, and assignment

To the extent that any part of your Submission suggests, contemplates, discusses, or otherwise discloses any modification or improvement of any kind to a product that Brookstone has ever developed or offered for sale, then you grant to Brookstone a worldwide, irrevocable, non-exclusive, royalty-free license to utilize your Submission in any way, including but not limited to the right to make, use, and sell the subject matter of your Submission.

If you are an employee of Brookstone you hereby assign and agree to assign to Brookstone, its successors or assignees, any and all actual or perceived right, title and interest, you have in any invention, intellectual property rights, patent, trade secret, copyright, work of authorship, or other proprietary information or property right embodied in or relating to your Submission.  You agree that, at Brookstone’s request, you will execute documents necessary to give effect to the provisions of this section and/or to perfect such assignment.

VII.           Relationship between you and Brookstone

You agree that your Submission and any use of that Submission by Brookstone does not cause you to be an employee, agent, partner, or joint venturer of Brookstone and does not cause Brookstone to be an employer, agent, partner, or joint venturer of you.

VIII.        Limitations of liability

IN NO EVENT SHALL BROOKSTONE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF, OR IN CONNECTION WITH, YOUR SUBMISSION.

IX.              Severability

If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, then the remaining provisions shall continue in full force and effect.

X.                 General Release and Indemnity

You agree to generally release, remise, and forever discharge Brookstone of, and from, any and all Claims, whether known or unknown, foreseen or unforeseen, asserted or unasserted, disclosed or undisclosed which you ever had or may have had against Brookstone since the beginning of time up to and including the date of your Submission.

You agree to indemnify, defend at your own expense, and hold harmless Brookstone against any Claim arising from or attributable to either: (1) your breach of any of your representations, warranties, obligations, duties, or covenants in these Terms and Conditions; or (2) any allegation by a third party that any of your Submission infringes a patent, copyright, trade secret or other intellectual property right of a third party.

XI.              Assignment

You agree that Brookstone may assign these Terms and Conditions and any of its rights or obligations under these Terms and Conditions to anyone without notice and without your prior consent.  You may not assign or transfer these Terms and Conditions or any of your rights or obligations under these Terms and Conditions to anyone without Brookstone’s prior express and written consent.

XII.           Entire agreement

These Terms and Conditions and the Terms of Use, each as updated from time to time, constitute the entire agreement between you and Brookstone as it relates to your Submission and supersedes any previous agreement between you and Brookstone relating to your Submission.

XIII.        Law and jurisdiction

These Terms and Conditions will be construed in accordance with and governed by the laws of the State of New Hampshire, without giving effect to the principles of conflict of laws thereof.  You and Brookstone agree that any litigation will be subject to the exclusive jurisdiction and venue of the New Hampshire state courts located in New Hampshire (or, if there is exclusive federal jurisdiction, the United States District Court for New Hampshire), and the parties hereby submit to the personal and exclusive jurisdiction and venue of these courts.