Welcome to Brookstone Launch!
- “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.
II. Getting started and creating a user account
III. Relationship between you and Brookstone
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.
IX. General Release and Indemnity
XI. Entire agreement
XII. Copyright Infringement Policy (Digital Millennium Copyright Act compliance)
XIII. Law and jurisdiction