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terms of use

general

The following details the terms of use ("Agreement") between brainstorm exchange ("Service or brainstorm exchange") and you ("Subscriber or Member") with respect to electronic access via the public Internet. Members may sponsor ("Sponsor") brainstorms and collaborative projects on brainstorm exchange.

The Service will include contact information via email for communication between the Member and brainstorm exchange. Brainstorm exchange encourages Members to provide feedback regarding suggestions and enhancements to the Service. Should Members submit information to brainstorm exchange relating to site content, usability, product suggestions or anything else, such information will be considered non-confidential and brainstorm exchange shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, know-how, or techniques contained in such information without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. Brainstorm exchange reserves the right to contact Member regarding use and in response to feedback comments. Member may contact brainstorm exchange by email.

By registering with brainstorm exchange, the Member acknowledges having read, understood, and expresses their intention to be bound by all the terms and conditions contained herein, just as if the Member had signed a paper copy of this agreement.

content

The structure of the Service is protected by copyright or other intellectual property laws. Member may display and print information obtained through the Service solely for Member's individual use. Member agrees not to distribute, modify, reverse engineer, or create derivative works using any information obtained through the Service or harm the Service in any other way. Member agrees not to use any information obtained through the Service for any unlawful or unauthorized purpose. Member agrees not to post "spam" on the Service. Member agrees not to harass other Members or Sponsors, not commit unethical actions, and not to solicit other Members to leave the Service in favor of another similar, related or competitive service or internet company.

registration

As part of the registration process, the Member must provide an email address and select a password and provide brainstorm exchange with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the Member's access. Further, Member acknowledges that in order for Member to receive any awards from Sponsors of brainstorms, accurate Member contact information is required. Member recognizes that the Service is accessible via the public Internet with an individual password. The password assigned to Member is for individual use only and shall not be used by another person. Persons under the age of 18 may not use brainstorm exchange.

warranty

Because of the possibility of human or mechanical error by brainstorm exchange or its licensees, neither brainstorm exchange or any of its licensees guarantee the accuracy, adequacy, completeness, timeliness or non-infringement of the Service and are not responsible for any errors or omissions, for the results obtained from the use of the Service, or for delays or interruptions in the Service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the Service or any information available through the Service. In no event will brainstorm exchange or any of its licensees be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the Service, even if notified of the possibility of such damages.

Brainstorm exchange has no control over, and is not responsible for the acts or omissions of Sponsors, or the quality or legality of the ideas sought by virtue of the initiation of, or contribution to a brainstorm. Brainstorm exchange does not warrant or guarantee the accuracy or completeness of any statement made by a Sponsor, nor endorse any Sponsor. The sole remedy of Members and/or Sponsors to the Service in the event of a breach of this agreement by brainstorm exchange shall be to terminate this agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.

Member acknowledges that the Service will continue to be enhanced and may be changed substantially. The Service may be discontinued or revised with respect to any and all aspects of the Service at its sole discretion and without prior notice.

not legal advice

Brainstorm exchange does not provide legal advice and nothing on the brainstorm exchange site, or any communication from brainstorm exchange is to be construed as legal advice. If you require legal advice you are encouraged to retain the services of a legal professional.

privacy

The brainstorm exchange privacy policy can be accessed via this link.

termination

Brainstorm exchange may, in its sole discretion, terminate or suspend the Member's access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

sponsorship of a brainstorm

Members may initiate a brainstorm around almost any topic - for exceptions, please see the BRAINSTORMS AND BUSINESSES NOT SUPPORTED section below. There is a license fee to initiate a brainstorm, and then responses may be bid on by the Sponsor. The Sponsor bidding the greatest amount for responses is positioned highest in the results of any search by a Member of the database containing brainstorms. Sponsors may select ideas that they deem to be best, most useful, most feasible or any other criteria they conceive, and reward the submitting Member with money, products, discounts, incentives or any other reward. Sponsors should make plain to Members their criteria for selecting ideas and information and should further make plain what awards, if any, may be offered. However, Sponsors are under no obligation to make any such awards to Members. Should Members submit any ideas or information to a Sponsor of a brainstorm hosted by the Service, such ideas or information will be considered non-confidential and the Sponsor shall have no obligation of any kind with respect to such ideas or information, and shall be free to use any ideas, concepts, know-how, or techniques contained in such information without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such ideas and/or information.

ideas and information submitted to respond to brainstorms

As a Member you may submit through brainstorm exchange ideas and information to the Sponsor of the brainstorm. Sponsors may select ideas that they deem to be best, most useful, most feasible or any other criteria they conceive, and reward the submitting Member with money, products, discounts, incentives or other reward. However, Sponsors are under no obligation to make any such rewards to Members. Should Members submit any ideas or information to a Sponsor of a brainstorm hosted by the Service, such ideas or information will be considered non-confidential and the Sponsor shall have no obligation of any kind with respect to such ideas or information, and shall be free to use any ideas, concepts, know-how, or techniques contained in such information without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. All submissions are considered voluntary. No confidential or contractual relationship is to be established by a submission of any idea or implied from consideration of any idea submission. Brainstorm sponsors are not obligated to respond to any submission.

As a Member, by your response to a brainstorm with ideas and information you assert you are the owner of all that the ideas and information that you submit. Further, as a Member, by your response you assert that you are not bound under any contract, employment agreement, employment relationship or any other relationship or commitment to assign any of your rights in the ideas or information to an employer, university or academic institution, governmental entity or body, or other third party.

brainstorms and businesses not supported

Brainstorm exchange will terminate or suspend accounts of Members and/or Sponsors that promote pornography, adult entertainment, illegal activities, multi-level marketing, or home-based business services (such as envelope stuffing or Make Money From Home! types of businesses).

miscellaneous

Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and brainstorm exchange.

This Agreement has been made in and shall be construed and enforced in accordance with Ohio and United State law. These the Terms of Use, the Copyright Notice or the Privacy Policy may be amended from time to time. Any such modification shall be effective ten (10) days after it is initially posted on brainstorm exchange. The failure of brainstorm exchange or a Sponsor to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Any action to enforce this agreement shall only be brought in the federal or state courts located in Fairfield or Franklin County, Ohio.

Official correspondence must be sent via postal mail to:
brainstorm exchange
p.o. box 410
pleasantville, ohio 43148