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bulb Digital Portfolios Terms of Use

These Terms of Use (“TOU” or “Terms of Use”) govern your use of the Bulb website or other Bulb websites (“Website”) of Bulb Inc. (“Bulb”). Please read these Terms of Use carefully before clicking on the “ACCEPT” button or accessing or using any part of this Website.

1. Acceptance of Terms of Use

This offer to use the Website is conditioned on your agreement to all of the terms and conditions contained in the Terms of Use, including the policies and terms linked to or otherwise referenced in the TOU. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with the terms and conditions set forth in these Terms of Use. By using the Website, you agree to be bound by the terms set forth herein as well as the terms of the Bulb Privacy Policy which is hereby incorporated into these Terms of Use. If you do not so agree, you should decline, in which case you are prohibited from accessing or using the Website.

Bulb may modify these terms at any time by posting the amended Terms of Use on the Website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR ACCOUNT AND TO CEASE ANY USE OF THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE AFTER OUR POSTING OF A MODIFICATION OF THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS.

2. Registration

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

The subscription fees applicable to your use of the Website, if any, within the corresponding usage limitations applicable to each level of service will be specified in Bulb’s then-current pricing schedule (the Pricing Schedule”). Subscription fees are paid in advance and apply to the entire applicable subscription period. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time. Subscription fees may be paid by credit card online at the Website or by any other method approved by Bulb. Fees are non-refundable, unless expressly provided otherwise in these Terms of Use. If you upgrade your subscription during a subscription period, the subscription fee for the upgraded level of service will be pro rated for the length of time remaining in the applicable subscription period. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to enforce the payment obligation, including without limitation, suspension or termination of your user account or access to the Website.

5. Rights in Site Content

The entire contents of this Website (other than User Content, as defined below) including, but not limited to, any works of authorship, creative works, graphics, images, textures, photos, logos, sounds, music, video, audio, software, code, applications, animations, gestures, text, objects, primitives, scripts, and interactive features, and the design, selection and arrangement thereof (the “Site Content”), are proprietary to Bulb and its licensors and are protected by United States and international laws and treaties regarding copyrights, trademarks, trade secrets, patents and other proprietary rights. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Site Content without the prior written consent of Bulb, except to print a reasonable number of pages of the Website provided that you do not alter or remove any copyright or other proprietary notices included in such materials. Bulb and its licensors shall at all times remain the owner of the Site Content. Except as expressly authorized under these Terms of Use or otherwise by Bulb in writing, you may not (a) reproduce, sell or exploit this Website or the Site Content for any commercial purposes (b) resell, sublicense, transfer, assign, or distribute the Website or the Site Content; (c) modify or make derivative works based upon the Website or the Site Content; (d) “frame” or “mirror” the Website or the Site Content on any other server or Internet-enabled device; or (e) reverse engineer, decompile, or disassemble any part of the Website or the Site Content or their enabling software for any purpose. You agree not to access (or attempt to access) the Website or Site Content through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this Website.

6. User Content

If, in connection with your use of the Website, you publish any works of authorship, creative works, graphics, images, textures, photos, logos, sounds, music, video, or any other form of content or material (“User Content”), you hereby allow Bulb, and any other Website visitor, subscriber or customer of Bulb to whom you grant access, to use, access, modify and display such User Content, solely in connection with Bulb’s operation of the Website or as otherwise allowed under these Terms of Use. You represent and warrant that: (a) you own the User Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (b) the posting of your User Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.

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.

7. Trademarks

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

Bulb has the right to change and/or eliminate any aspect(s), features or functionality of the Website as it sees fit at any time without notice. The Website may contain links to or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by Bulb. You agree that Bulb is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. You should consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.

9. Digital Millennium Copyright Act

We respect the intellectual property of others, and we ask you to do the same. Bulb will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner and you believe that any content hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the notice described in Section 9.1 below. Bulb may provide copies of such notices to the participants in any dispute concerning the alleged infringement or third parties at its discretion and as required by law. Bulb’s privacy policy does not apply to information provided in these notices.

10. Notification Filing Procedure

The copyright infringement notification must be in writing and include the following information:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed (i.e., describe the work in which you claim ownership).
  2. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
  3. 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.)
  4. 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.”
  5. 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.”
  6. 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:

Bulb Inc. 400 East Simpson St. Suite 230 Lafayette, CO 80026

Attn: Copyright Agent  This can be done either by fax or written letter (regular mail or courier). Emails will be not be accepted unless a prior arrangement has been made.

9.1 Notification Filing Procedure

The copyright infringement notification must be in writing and include the following information:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed (i.e., describe the work in which you claim ownership).
  2. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
  3. 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.)
  4. 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.”
  5. 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.”
  6. 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:

Bulb Inc. 400 East Simpson St. Suite 230 Lafayette, CO 80026

Attn: Copyright Agent  This can be done either by fax or written letter (regular mail or courier). Emails will be not be accepted unless a prior arrangement has been made.

9.2 Counter Notification Filing Procedure

  1. List the items in detail that were removed by Bulb.
  2. Provide your name, address, telephone number, email address (if available).
  3. 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).
  4. 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.
  5. 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.”
  6. 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:

  1. Post, display or transmit User Content that violates any law, or the rights of any third party including without limitation intellectual property rights;
  2. Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
  3. Post, display or transmit User Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person’s privacy;
  4. Post, display or transmit User Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
  5. 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:

  1. 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;
  2. 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;
  3. Engage in malicious or disruptive conduct that impedes or interferes with other users’ normal use of the Website;
  4. Attempt to gain unauthorized access to any other user’s account, password, or content; or
  5. 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. Privacy Policy

The Bulb Privacy Policy sets forth the conditions under which you provide personal and other information to Bulb. You understand and agree that through your use of the Website you consent to the collection and use of your information in accordance with that Privacy Policy. If you object to your information being used in this way, please do not use the Website.

11.1 Children Under 13

In the event that you are a school, district or teacher in the United States and want your students, who are under the age of 13, to create bulb accounts, you agree that you are responsible for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, the Family Educational Rights and Privacy Act (“FERPA”). This means that you must notify the students’ parents/guardians of the personally identifiable information that bulb will collect, and that you will obtain parental/guardian consent before your students establish accounts or use bulb. When obtaining such consent, you must provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on complying with COPPA, see the Federal Trade Commission’s website. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws, and, as a condition to your and your students’ use of bulb, you agree that you will be responsible for complying with such laws.

12. Submission of Unsolicited Ideas

We reserve the right to use, and you hereby authorize and assign to Bulb, all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy. You agree that if you provide to Bulb any unsolicited ideas or materials such as remarks, suggestions, ideas, graphics or other information for the purpose of improving the Website or the services Bulb provides (“Submissions”), Bulb will consider such Submissions as non-confidential and free of any claims of proprietary or personal rights. All Submissions to this Website or to Bulb are, and shall remain, the sole and exclusive property of Bulb and may be used by Bulb for any purpose whatsoever, commercial or otherwise, without compensation, payment or any other obligation to anyone, including you.

13. Disclaimers

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.

15. Idemnification 

You agree to indemnify, defend and hold harmless Bulb and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Website or the delivery of products, services or information from the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from or relating to any violation by you of these Terms of Use or your use of the Website, including (without limitation) any User Content posted by you, or any products, services or information obtained from this Website. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of this Website, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

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.

All claims you bring against Bulb must be resolved in accordance with this Dispute Resolution and Arbitration section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed and a breach of these Terms of Use. Should either party file a claim contrary to this Dispute Resolution Section, the other party may recover attorneys’ fees and costs as permitted by law, provided that such party seeking such fees has notified the other in writing of the improperly filed claim and the other has failed to promptly withdraw the claim. Notwithstanding the foregoing procedure, regardless of any amount in dispute, Bulb may seek injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

18. Governing Law

You agree that these Terms of Use and the relationship between you and Bulb shall be governed by the laws of the State of Colorado without regard to conflict of law principles. Further, the United Nations Convention on the International Sale of Goods shall not apply. You agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Fort Collins, Colorado.

19. Assignment

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.

20. Notices

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

The TOU, including the additional terms and policies referenced herein, set forth the entire understanding and agreement between you and Bulb with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. You acknowledge that Bulb may modify or amend the TOU in accordance with the procedures set forth in Section 1 hereof, and no other written, oral or electronic communications between us will serve to modify or supplement this agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this agreement. The section headings used herein are for convenience only and shall not affect the interpretation of this agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision at any time.

22. How to Contact Us

If you have any questions, comments, or concerns about the Terms of Use or the information practices of this Website, please contact us at:

Bulb Inc.  400 E. Simpson St. Suite 230 Lafayette, CO 80026  contact@hellobulb.com

Date last updated: May 25, 2018