You may be required to establish an account with Bulb to use the non-public portions of the Website. You may not transfer or assign your account and its contractual rights, licenses and obligations, to any third party without the prior written consent of Bulb. You agree to provide accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and to use the account management tools provided to keep your Registration Data accurate, current and complete. You are responsible for all activities conducted through your account. In the event you engage in any conduct including, but not limited to, illegal activities or other conduct that violates these TOU, Bulb may suspend or terminate your account.
At the time your account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person’s use of your password to gain access to your account. Your disclosure of your password to any other person is at your own risk.
3. User ID and Password Security
At the time your account is opened, you must specify a user ID and a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your user ID or password or from any person’s use of your user ID or password to gain access to your account. Your disclosure of this information to any other person is at your own risk. You agree to promptly notify us of any unauthorized use of your login ID, password, or account or any other breach of security of which you become aware.
4. Subscription and Fees
5. Rights in Site Content
6. User Content
Furthermore, you understand that you, not Bulb, controls access to your User Content. If you “publish” any User Content or information using the “public” setting, it means that any third party will have access to that User Content and Bulb will not have control over what such third parties do with your User Content. Unless you have shared or published your User Content with others, and they have not deleted it, this license will terminate at the time you remove your User Content from the Website. However, you understand and agree that your User Content may continue to appear on the Website after you remove it, as a portion of your User Content may remain on pages cached by third parties, incorporated into RSS feeds, user profiles or other features, or archived on servers.
You acknowledge that you are responsible for whatever User Content you submit to the Website or publish, and you, not Bulb, have full responsibility for such material, including its compliance with all applicable laws, and such material will be subject to the provisions of Section 10 hereof. Bulb does not endorse and has no control over the User Content. User Content is not necessarily reviewed by Bulb prior to or after posting and Bulb makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to, or receive from, other users of the Website.
The trademarks included in this Website and all related product and service names, designs and slogans are the property of Bulb. You may not use such marks without Bulb’s prior written permission. In addition, references to any third party products, services and/or company names on the Website may be trademarks or registered trademarks of their respective owners and are subject to rights reserved by such owners.
8. Website Features and Links
9. Digital Millennium Copyright Act
9.1 Notification Filing Procedure
The copyright infringement notification must be in writing and include the following information:
- Identify in sufficient detail the copyrighted work that you believe has been infringed (i.e., describe the work in which you claim ownership).
- Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
- You may, but are not required to, provide information, if possible, in sufficient detail to permit Bulb to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
- Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that an item is infringing your copyrights. Bulb recommends contacting an attorney if you are unsure whether your work is protected by copyright laws.
Send the written document to:
400 East Simpson St. Suite 230 Lafayette, CO 80026
Attn: Copyright Manager
Further Contact Information for Copyright Manager:
phone: (970) 822-8020
(This applies to alternate names: bulb digital portfolios, bulb app, bulbapp and bulbapp.com)
9.2 Counter Notification Filing Procedure
- List the items in detail that were removed by Bulb.
- Provide your name, address, telephone number, email address (if available).
- State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Fort Collins, CO if your address is outside of the United States).
- State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
- State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the document.
Send the written document to:
Bulb Inc. 400 East Simpson St. Suite 230 Lafayette, CO 80026 Attn: Copyright Agent
10. Conduct of Users
10.1 Rules of Conduct and Illegal or Harmful Practices
You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that Bulb deems harmful. You agree that you will not:
- Post, display or transmit User Content that violates any law, or the rights of any third party including without limitation intellectual property rights;
- Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
- Post, display or transmit User Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person’s privacy;
- Post, display or transmit User Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
- Post, display or transmit any content that is sexually explicit, or intensely violent.
10.2 Website Integrity and User Privacy
You agree to respect both the integrity of the Website and the privacy of other users. You will not:
- Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Website or that may harvest or collect any data or personal information about other users without their consent;
- Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that Bulb considers to be of such nature;
- Engage in malicious or disruptive conduct that impedes or interferes with other users’ normal use of the Website;
- Attempt to gain unauthorized access to any other user’s account, password, or content; or
- Violate Bulb policies incorporated into these TOU.
The designation of any User Content or other materials posted or submitted to our Website is entirely at our discretion. Although we undertake no responsibility to monitor the user of the Website or review any User Content posted or published on the Website, we reserve the right in our sole discretion to edit or delete any documents, information or other User Content appearing on the Website.
11.1 Children Under 13
12. Submission of Unsolicited Ideas
Bulb does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within this Website. THIS WEBSITE IS PROVIDED ON AN ‘AS IS’ BASIS. BULB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS WEBSITE’S CONTENT. TO THE EXTENT PERMISSIBLE BY LAW, BULB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF QUALITY, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BULB DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
14. Limitation of Liability
BULB, ITS AFFILIATES, AGENTS AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO THOSE (A) CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; OR (B) RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE USER CONTENT, THE SITE CONTENT OR ANY OTHER MATERIALS ON THIS WEBSITE; OR (C) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OF ANY USER CONTENT, EVEN IF THERE IS NEGLIGENCE ON THE PART OF BULB OR IF AN AUTHORIZED BULB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS AND NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BULB AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, CONTENT AND INFORMATION PROVIDED OR DISPLAYED VIA THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
16. Suspension and Termination
Bulb may suspend or terminate your account and your access to the Website for violation of the TOU, if you fail to pay applicable subscription fees when due, or if Bulb determines in its sole discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of Bulb. You agree that that we will not be liable to you or any third party for any termination of your account or access to the Website. Termination of your account includes removal of access to the Website and all services provided through the Website, and deletion of your login data, user ID, password, and all related information. If we elect to terminate your account for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you. There are no refunds for any subscription fees paid by you. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND BULB IS NOT RESPONSIBLE FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT.
17. Dispute Resolution and Arbitration
For any claim related to these TOU, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars (USD10,000.00), either Bulb or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18. Governing Law
You may not assign your rights and/or obligations hereunder without the prior written consent of Bulb. Bulb may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction.
Where a party is required to provide the other party notice hereunder, the party giving notice may do so through the Website, by electronic mail, or by written mail communication to the address on record. All notices given by you or required under this Agreement shall be mailed to us at: Bulb Inc., 110 North College Avenue, Suite 6, Fort Collins, CO 80524.
21. General Provisions
22. How to Contact Us
400 E. Simpson St. Suite 230
Lafayette, CO 80026
Date last updated: May 31, 2019 (Provided further contact information for Copyright Manager in Section 9.1)