Home > Terms Of Service

Welcome to Brightstorm ("Brightstorm"). The services offered by Brightstorm include online educational services, including (but not limited to) online educational videos, quizzes, downloadable bonus material and online community features (collectively the "Brightstorm Services").

1. General
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Brightstorm Services. By using the Brightstorm Services, you agree to be bound by this Agreement, whether or not you have registered with Brightstorm. You are only authorized to use the Brightstorm Services if you agree to abide by all applicable laws and the terms of this Agreement. If you do not agree with these terms, your sole recourse is not to access the Brightstorm Services. You acknowledge that Brightstorm reserves the right to charge for any portion of the Brightstorm Services and to change its fees (if any) from time to time in its discretion. Brightstorm may, in its sole discretion, remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Brightstorm Services at any time. Brightstorm may deny, restrict, suspend, or terminate your access to all or any part of the Brightstorm Services if Brightstorm believes that you have violated this Agreement.

2. Eligibility
Use of the Brightstorm Services is void where prohibited. The Brightstorm Service is intended solely for high school or college students who are thirteen (13) years old and older and their parents. Students under thirteen (13) years old must be registered by a parent or legal guardian in order to use the Brightstorm Services. All student profiles will have the option of being linked to a parent account. Parents are also eligible to use the Brightstorm Services.

3. Proper Use.
In consideration of your use of the Brightstorm Services, you agree to (a) provide accurate, current and complete information about you on the registration forms; (b) maintain the security of your password and identification; (c) maintain and promptly update any information you provide to Brightstorm, to keep it accurate, current and complete; and (d) be fully responsible for your account. If Brightstorm suspects that your information is untrue, inaccurate, not current or incomplete, Brightstorm may suspend or terminate your account.

4. Prohibited Use.
You agree that you will not use the Brightstorm Service to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Use any means, technical or otherwise, to attempt to circumvent any copyright protection, access control, or license-enforcement mechanisms used to protect the content made available through the Brightstorm Services;
4. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any content made available through the Brightstorm Services;
5. Solicit personal information from any other user;
6. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
7. Advertise or offer to sell any goods or services for any commercial purpose;
8. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters;
9. Interfere with or disrupt Brightstorm's websites, servers, or networks;
10. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
11. Engage in any illegal activities.

You agree to only send and receive information and materials that are proper and related to the Brightstorm Service.

5. License to User Contributions.
The Brightstorm Service is designed for you to contribute content and participate in discussion threads and other forums. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you make available on the Brightstorm Service. You represent that you own all intellectual property rights in the materials you contribute. By displaying or publishing any content on or through the Brightstorm Services, you hereby grant to Brightstorm a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content without limitation. Brightstorm shall also have the right to retain and use comments, suggestions, data, or other information for any purpose without compensation. This license shall apply to distribution in any form, medium, or technology.

6. Intellectual Property Rights.
The Brightstorm Services are by copyright, trademark, patent, trade secret and other laws, and Brightstorm owns and retains all rights in the Brightstorm Services. Brightstorm's copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of Brightstorm. All content available through the Brightstorm Service are the proprietary property of Brightstorm, its users or its licensors. No content available through the Brightstorm Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Brightstorm's prior written permission. All eligible users are granted a limited license to access and use the Brightstorm Services and to download or print a copy of information posted on the Brightstorm website solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.

7. Submissions Policy.
You may submit to us on a non-confidential basis any relevant educational content that are owned and created by you for evaluation by Brightstorm. Please understand that Brightstorm is under no obligation to evaluate or use the content you submit and that we may use content submitted by other third parties and we develop our own content internally that may be similar to the content that you submit to us. While we agree that you shall retain all rights in your content, when submitting content to us you must agree not to assert any claim against Brightstorm or our customers if this other content is similar to the content you submitted to us

8. Copyright Violations.
Brightstorm's policy is to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Brightstorm Services in a way that constitutes copyright infringement, notify Brightstorm's copyright agent with the following information in writing:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing including the location on the Brightstorm Services.
4. your name, address, telephone number, and email address.
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

Bum Soo Kim, Chief Operating Officer
Brightstorm, Inc.
649 Mission Street
San Francisco, CA 94105
services@brightstorm.com

After receiving a claim of infringement, Brightstorm will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Brightstorm will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.

9. Mailings.
By indicating you want to receive email updates from Brightstorm (such as when you initially create your account or by otherwise submitting your email address to Brightstorm and requesting such email), you are consenting to receive e-mails from us about our products, services, and other news. These Terms of Service will apply to all such e-mails (and such e-mails will be considered part of the Brightstorm Service).

10. Third Party Links.
Our provision of a link to any other website or location is for your convenience only and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.

11. No Warranty.
We do not guarantee the accuracy, the integrity, or the quality of the content contained in the Brightstorm Services, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any part of the Brightstorm Services. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these terms or that is otherwise objectionable. All of the content offered through the Brightstorm Services are provided "as is" and Brightstorm does not represent that any of the content is reliable, accurate, complete, or otherwise valid. ACCORDINGLY, BRIGHTSTORM, ITS SUPPLIERS AND OTHER PARTICIPANTS CONTRIBUTING INFORMATION TO THE BRIGHTSTORM SERVICES DO NOT WARRANT THAT SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE BRIGHTSTORM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION IS PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

12. Limitation of Liability.
IN NO EVENT WILL BRIGHTSTORM, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE BRIGHTSTORM SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF THE BRIGHTSTORM SERVICES, EVEN IF BRIGHTSTORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Modifications of Terms.
Brightstorm shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Brightstorm website.

14. Indemnification
You hereby agree to indemnify, defend and hold Brightstorm and all of our officers, directors, employees and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Brightstorm in connection with any claim, including any liability or expense arising from all claims of every king and nature arising out of your use of the Brightstorm Services, the materials that you submit to the Brightstorm Services, or your violation of the rights of any other person or entity. Brightstorm will provide you with written notice of such claim, suit or action.

15. Arbitration.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Brightstorm may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

16. Miscellaneous.
This Agreement constitutes the entire agreement between Brightstorm and you with respect to the Brightstorm Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of Brightstorm to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted in accordance with the laws of the State of California.

Should you have any questions or concerns regarding these Terms of Service, please contact us through our customer support form or at: Brightstorm, Inc. 649 Mission Street San Francisco, CA 94105

Last updated: October 20, 2008