2. DEFINITIONS. As used here:
a. "Host" means The Storms Network, Inc.
b. "Materials" means documentation, postings, data, and any other content, information or technology available on the Site.
c. "Brainstorm" means an interactive brainstorming session hosted on the Site.
d. "Site" means the collection of web pages that can be accessed via any URL ending in the string PEOPLESTORMS.COM, as well as any successor web pages or other technology as may be designated by the Host.
e. "Submissions" means any Materials submitted to the Site, including all Brainstorms.
g. "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to the Site. A "User" is a person or entity who Uses the Site.
h. "You" means you personally. No one may Use the Site on behalf of another person or entity.
i. "Reward" is the net revenue (gross revenue less listing fees, surcharges, and any other fees) received by the Host from a User in connection with creation of a Brainstorm on the PEOPLESTORMS.COM Site. The Host's calculation of the Reward shall be conclusive, final and binding.
3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found on the Site, as defined above.
b. Use at Your Own Risk. You understand that the Host does not pre-screen Materials, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks.
c. Don't Blame the Messenger. You understand that Materials may contain the opinions of others or offensive materials and You do not hold the Host responsible for such opinions.
d. Copyright Infringement. If You believe that any Materials infringe Your copyrights, please please send an e-mail to email@example.com providing the material you believe to infriged upon.
e. Management of Materials and Access. You agree that the Host has sole discretion in deciding whether to accept and post Materials, and that it may delete Materials for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, that outages may occur, and that the Host has no obligation to store or back up any Materials. You agree that the Host has the right to restrict or terminate, in its sole discretion, access to the Site for any reason, including its belief that a User has violated these Terms.
f. Links to Other Sites. You understand that this Site may provide links to other sites or content that is not hosted or managed by the Host, and you agree that the Host has no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.
Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Site.
5. THINGS YOU SUBMIT TO THE SITE. This Site offers many opportunities for You to contribute Materials to the PEOPLESTORMS.COM community. In addition to the other terms found here, the following terms apply to any Submissions made by You ("Your Submissions").
a. You Take Responsibility for Your Submissions. You warrant that You have all rights needed to provide Your Submissions to the Host for posting to the Site. You agree that You will ensure that Your Submissions: (i) do not infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (ii) are not confidential or trade secret information, or subject to privacy interests; (iii) are not inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; (iv) do not violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT THE HOST, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT THE HOST, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM. YOU AGREE TO IDEMNIFY HOST FOR ANY COSTS OR CLAIMS RESULTING FROM YOUR BREACH OF THIS SECTION 5a.
b. Ownership of Submissions. The Host does not claim ownership of Your Submissions. However, in order to fulfill the purposes of PEOPLESTORMS.COM, You must give the Host and all Users the right to post, access, evaluate, discuss, and refine Your Submissions. You hereby grant to the Host and all Users a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use Your Submissions (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed. All Users and their sublicensees are responsible for any modifications they make to the Submissions of others.
6. PAYMENT OBLIGATIONS AND MONETARY COMPENSATION
a. The PEOPLESTORMS.COM Site has been created to facilitate online ideation for User submitted Brainstorms. Users are eligible to receive monetary compensation in connection with participating on the PEOPLESTORMS.COM Site by sharing in the Allocation of Reward, which will be allocated among participating Users pursuant to the Host's proprietary voting algorithm.
b. Because Submissions are selected for Allocation of Reward pursuant to a proprietary voting algorithm, which utilizes many different variables and which may be changed at anytime at the sole discretion of the Host with or without notice, THERE CAN BE NO GUARANTEE THAT YOU WILL EVER RECEIVE ANY PAYMENTS OR OTHER COMPENSATION IN CONNECTION WITH USE OF THE PEOPLESTORMS.COM SITE. As such, Host makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with Use of the PEOPLESTORMS.COM Site.
c. Host's obligation to pay the Allocation of Reward is subject to the actual amounts received by Host.
d. Host shall be under no obligation to distribute any Allocation of Reward that may be allocated to a User until such time as the aggregate amount payable to the User exceeds $1.
e. U.S. law requires Host to report (on I.R.S. form 1099) any amount over $600 paid to any User during a single calendar year. The Host will be under no obligation to make any payments to You unless You have properly completed the information needed to comply with this requirement. You further acknowledge and agree that you be responsible for all taxes due on any payments made to You in connection with Your participation on the PEOPLESTORMS.COM Site.
7. MISCELLANEOUS .
a. DISCLAIMER OF WARRANTIES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING BUT NOT LIMITED TO ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE HOST DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOST MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.
b. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOST IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF THE HOST HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
c. Trademarks. All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.
d. Changes to Terms. These Terms may be changed or updated by the Host without notice and any changed or updated terms shall apply to any subsequent use.
e. Export Compliance. Materials and Submissions may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all such laws and to obtain such licenses as may be required. Materials and Submissions containing encryption software, technology and/or technical assistance involving encryption (collectively "Encryption Technology ") may be subject to U.S. Export restrictions. You agree not to submit any Encryption Technology to this Site.
f. Governing Law. These Terms are governed by the laws of the State of Texas and applicable U.S. Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to the personal jurisdiction of the U.S. District Court for the Western District of Texas, and the state courts of the State of Texas for the County of Travis.
g. General. These Terms constitute the entire agreement between You and the Host regarding their subject matter, and supersede any prior versions . No modification to the Terms will be binding, unless authorized by the Host in writing. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms.
18 NOVEMBER 2008