Terms and Conditions for Submission of Content to Brookstone Launch
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 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.