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/c_a.bix?a=OD6766

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.