Terms of Use

Terms of Use

 

  1. Welcome and Who We Are

 

Welcome to www.mindblower.com (the “Site”). This page explains our Term of Use.

 

MindBlower is driven to turn your idea into a selling product. Our Site allows inventors to submit their ideas for possible selection by MindBlower for commercialization, production and sale. Further, our Site enables users to buy products which will be commercialized by MindBlower as provided herein and also allow users to visit the Site’s public pages and be impressed by MindBlower and with the products and projects presented at the Site.

 

These Terms of Use (also be referred to as the “Terms” or “Agreement”) are the full and final agreement between MindBlower Limited, a private Company incorporated under the laws of the Isle of Man (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively “MindBlower”, “Us”, “Our”, “We”) and yourself (“You“) and they shall govern your use of this Site. These Terms supersedes any previous proposal, agreement or any other communication, oral or written, relating to the subject matter hereof.

 

By using this Site and its services (the “Services”) in any way including uploading ideas or buying Our products, You indicate that You have read, understood and irrevocably and unconditionally agree to, and accept upon yourself, these Terms and Our Privacy Policy [link]. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY AMENDMENT THERETO, PLEASE EXIT THE SITE AND CEASE USING IT. IF YOU VIOLATE THESE TERMS YOU MAY BE BARRED FROM USING THE SITE.

 

We are glad that You chose to participate in MindBlower’s activities and to be a part of Our community. Please take the time to fully read these Terms as they constitute a binding agreement between MindBlower and Yourself.

 

  1. The Site

 

This Site located at www.MindBlower.com is owned, controlled and maintained by MindBlower. All rights to and in this Site (including all documentation, translations, enhancements, improvements, derivative works, or other modifications made to or derived from the Site), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right stemming therefrom or associated therewith, are and shall belong exclusively to MindBlower.

 

  1. What Exactly Do We Do

 

MindBlower is a web platform, which helps people to realize their ideas into real sellable products. If you have a great idea which you believe can become to a sellable product, but don’t have the necessary means to develop it, build a production file, manufacture in mass production and sell it internationally, come and try to interest Us by uploading a short video about your idea as provided in these Terms.

 

We engage well skilled and experienced team with very good knowledge at various fields necessary to commercialize your idea, and among others in design, industrial design, marketing, commercialization, production and sales. Should your idea be selected by MindBlower for commercialization, Our team will be dedicated to turn your idea into a selling product. We have extensive experience in creating and selling products to the wide public so we know what it takes to convert an idea into a selling product.

 

  1. Creating an Account

 

To create an account in the Site you have to be at least of 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. You can browse the public pages of Our Site without having or signing up to an account. Some of the features in the Site require that You will have an account. In order to create an account You will have to choose a user name and password. Further information will be required from You when you create an account as prompted by our registration processes. Such information has to be true and accurate. Never impersonate anyone else or choose names that are offensive or that violate anyone’s rights. You will have to maintain and update your information, as needed. If you don’t comply with these rules, we may terminate your account, even without warning.

You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately to support@mindblower.com of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, purchasing of products at Our Site or Our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by You or anyone on your behalf and caused due to any unauthorized use of your account. You hereby undertake to notify us immediately of any unauthorized use of your account, password or other account information.

 

  1. Pre-Sale Order

For any new product which will be offered for sale on the Site, We will open a pre-sale order campaign (the “Pre-Sale”) for a limited time which will last a few months and be published on the Pre-Sale publication as checked below:

  • 9 months Pre-Sale period.
  • 12 months Pre-Sale period.
  • 15 months Pre-Sale period.

 

In order to accomplish the Pre-Sale Quantity Target We might extend the aforesaid chosen Pre-Sale period by additional 2 month by written notice to You.

The purpose of the Pre-Sale is to achieve a minimum order quantity (the “Pre-Sale Quantity Target”), which will justify the production and commercialization of the relevant product. We will inform you within the determined period if the Pre-Sale Quantity Target has been achieved, thus, if we manufacture the relevant product and ship to you. Once the Pre-Sale Quantity Target is achieved we will charge You for the product purchase. You hereby authorize Us to your payment tool, credit card or otherwise, in such case. If the Pre-Sale Quantity Target is not achieved within the pre-determined period, we will cancel the commercialization of the product and You will not be charged at all for the product.  If we meet Pre-Sale Quantity Target on a timely manner but don’t ship you the product within the determined time, You will be entitled to cancel the purchase and get a full refund.

  1. Age Notification

 

By using any of the Site features, which requires an account you hereby warrant that You are eligible to enter into these Terms and were not prohibited by any authorized authority, judicial order or law into entering in any agreement; You certify you are over the age of 18 (i.e, you are not a minor) and you have the legal competence to be bound by this Agreement. You do not reside in a proscribed state and are not a member of any proscribed organization and have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.

 

  1. How Projects Work

 

MindBlower provides a web platform for commercializing ideas. If you have a great idea which you believe can turn into a sellable product, but don’t have the necessary means to realize your vision, you are invited to submit a short video describing verbally and/or visually your idea. When You submit a video to MindBlower, it will be reviewed and evaluated by our professional screening board. If Our professional screening board finds your idea of potential to be selected as a commercialization project by MindBlower, You will be informed of such decision. If this happen your idea will be evaluated by Our creative screening board. If your idea is rejected by either Our screening teams and subject to your payment of the Fee as provided below, You will receive a detailed explanation as to the reason(s) for such decision. Screening and evaluation period should not last more than 3 months from receiving the verification of your video uploading and submission of your video to MindBlower as provided below (the “Evaluation Period”). Yet We will try to shorten the Evaluation Period and provide you with Our decision sooner, but this will be dependent on the amount of videos submitted to Us during the given period. Within 30 days following the Evaluation Period (the “Option Period”), MindBlower shall be entitled to inform you in writing as to its desire to admit your project to MindBlower (the “Acceptance Notice”) as a MindBlower project (the “Project”). During the Option Period You shall not negotiate or enter into any other agreement or arrangement with third parties vis-à-vis your idea the subject of the Option Period or the subject of this Agreement. Upon the delivery of an Acceptance Notice to you (i) your Project shall be admitted to MindBlower’s commercialization center and the applicable provisions of these Terms shall apply to You and bind You regarding the Project; and (ii) You will have to sign Our standard engagement agreement form, patent assignment deeds, if applicable, and provide Us with your full home address, passport copy and bank details for wiring to you your share of the net revenues as provided herein.

 

Upon the admission of the Project to MindBlower’s commercialization center MindBlower shall make reasonable commercial efforts, to develop a product which is the subject matter of the Project, perform the required market studies and procedures to achieve, including through its representatives, any necessary permit for the product, launch product sales (either directly or utilizing MindBlower distribution network). MindBlower might chose to commercialize the Project through other means than selling products based on the Project, such as selling or licensing to the rights in and to the Project. MINDBLOWER FAILURE IN ANY OF THE AFORESAID TASKS SHALL NOT BE DEEMED AS A BREACH OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT MINDBLOWER CANNOT ASSURE THAT ANY OF THE AFORESAID TARGETS WILL BE ACHIEVED AT ALL AND THAT MINDBLOWER’S OBLIGATIONS IN THIS AGREEMENT ARE MADE ONLY ON A “REASONABLE EFFORTS BASIS”.

 

 

As long as MindBlower performs the Project, MindBlower shall provide commercialization services to the Project, including: design, manufacture, packaging, storage, warehousing, logistics, marketing, sales, shipping, and revenue collection, on-going bookkeeping and accounting, bank account, legal services, administration and office assistance. The costs of such services associated with the Project shall be used for determining the net revenues as provided below.

 

Despite anything in this Agreement MindBlower shall have the right any time to cease its commercialization endeavors and in such event, You will be entitled to continue the commercialization of the Project in return of: (1) compensation to MindBlower for the entire direct and indirect costs and expenses born by MindBlower to carry out the Project; and (2) 20% revenue share of any income from the Project. In such event MindBlower shall return to you the rights it received from you in the Project, provided that if such right return shall create tax liability to MindBlower the parties shall work out a reasonable solution to avoid any such tax liability to MindBlower.

 

YOU DISCLAIM ANY EXPRESS OR IMPLIED PROMISE, OBLIGATION, REPRESENTATION AND WARRANTY REGARDING: (1) COMMERCIAL SUCCESS OR MERCHANTABILITY OF THE PROJECT FOR ANY REASON OR THAT THE PROJECT WILL MEET YOUR EXPECTATIONS, AND (2) OF ANY WARRANTY OR PRESENTATION OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT

 

THE SELECTION, DEVELOPMENT, MANUFACTURE, SALE AND COMMERCIALIZATION OF ANY IDEA OR PROJECT IS SUBJECT TO MINDBLOWER’S SOLE AND ABSOLUTE DISCRETION AND MINDBLOWER RESERVES THE RIGHT, FOR ANY OR NO REASON, TO (I) REJECT ANY SUBMITTED IDEA, (II) REFUSE TO POST ANY PRODUCT TO THE SITE FOR ITS SALE, (III) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED TO A PROJECT, (IV) TERMINATE THE SALE AND OR MANUFACTURE OF ANY PROJECT PRODUCT, OR (V) SELL OR LICENSE A PROJECT, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO ANY THIRD PARTY.

 

  1. User Submitted Videos and Prototypes

 

The first step to commercialize your idea is to upload to the Site and by this way submit to Us a short video describing verbally and/or visually your idea. By uploading a video to Our Site you hereby granting to MindBlower an irrevocable, unlimited, royalty free, transferable (in whole or part), sub-licensable, worldwide, perpetual license to freely use on any media, place or way your video for any commercial purpose at MindBlower’s sole discretion, regardless of your idea being admitted to MindBlower as a Project (the “License”). By uploading your video to the Site, You represent and warrant that it complies with these Terms and You acknowledge and agree that You have no expectation of privacy with respect to any video uploaded to the Site. You are the sole responsible to the content of your video. Thus any claim which will be addressed or filed against MindBlower related to your video shall be at your sole responsibility and You hereby undertake to indemnify MindBlower for any damage, cost or expense caused or born by MindBlower with respect to your video.

 

You represent and warrant that: (a) you have the right and authority to grant the video License to us; (b) To the best of your knowledge Our exercise of the rights granted pursuant to the License will not infringe or otherwise violate any third party rights; and (c) all “moral rights” in your video have been waived to the full extent allowed by law.

You represent and warrant to MindBlower that your video is original work made or created by you or that You have all right, title, and/or authority to grant the License to Us. In addition, You represent and warrant that your video does not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity or any other similar right. If your video includes images, photos or video of individuals other than you, then before You post such video, You must have the express consent of all such individuals in order to submit the video for use in any manner and in any and all media throughout the world, in perpetuity. If You submit an image of someone who is under 18 years of age who is not your child, You must have the permission of that child’s parent or legal guardian.

 

You should not include personal information such as your full name, telephone number or street address as part of your video. We cannot guarantee the security of any information You disclose through the Site. You make such disclosures at your own risk.

 

By uploading a video to the Site, you hereby expressly permit MindBlower to identify You as the creator of such video in any publication in any form, media or technology.

 

If on the date that You uploading your video to the Site, You already have a working physical prototype, which You wish to deliver to us as well, in order to be entitled to the applicable revenue share as provided in these Terms, provided your video is selected to be a Project, You should mail your prototype to ___________________, UK.

 

We cannot and do not guarantee that any physical prototype provided TO Us will be returned or not damaged if We return it to You. Users provide physical prototypes to Us do it at their own risk, and We does not represent or warrant the return or condition of prototypes, and disclaims any liability relating thereto.

 

  1. Submission Idea Fees

 

MindBlower consider your idea very seriously and our professional screening board and if applicable creative screening board will invest valuable time to investigate and evaluate the ideas which will be submitted to Us. We trust that You will submit to us an idea which you seriously believe that can turn into a sellable product. in order to encourage users to send Us their best idea(s), We will be entitled to charge certain fee (the “Fee”) for each idea submitted to Us. If We reject an idea which You paid Fees for its submission to Us, You will receive along with our final decision a detailed explanation by our team member as to the reason for the rejection. We believe that such detailed explanation is a valuable consideration for your Fee.

The Fee and any other charges are described on the Site. The Fee is not returnable under any circumstances.  The Fee paid to Us are solely for Our evaluation efforts as provided above and will not serve as basis to any expectation by a User to receive any return payment, including any Revenue Share from MindBlower.

 

  1. Transfer of Title in the Project; Your Rights in the Project;

 

UPON THE ADMISSION OF YOUR IDEA TO MINDBLOWER COMMERCIALIZATION CENTER AS A PROJECT, MINDBLOWER SHALL HAVE THE EXCLUSIVE TITLE AND ALL OTHER RIGHTS AND INTERESTS IN AND TO YOUR IDEA AND THE PROJECT, INCLUDING ALL THE ISSUED OR PENDING PATENT RIGHTS, COPYRIGHTS, TRADEMARKS, KNOW-HOW AND OTHER INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, WHICH IN SUCH CASE HEREBY IRREVOCABLY AND UNCONDITIONALLY ASSIGNED TO MINDBLOWER. YOU WILL HAVE TO SIGN ANY DOCUMENT, AGREEMENT OR INSTRUMENT NECESSARY IN MINDBLOWER’S OPINION TO PERFECT SUCH ASSIGNMENT OF RIGHTS. FOLLOWING SUCH ASSIGNMENT OF RIGHTS, MINDBLOWER WILL HAVE FULL, EXCLUSIVE, CLEAR AND UNENCUMBERED TITLE TO YOUR IDEA AND THE PROJECT AND ANY RIGHT OR INTEREST ASSOCIATED THEREWITH. YOU WILL BE ENTITLED TO SHARE PROFITS FROM THE PROJECT PROFITS AS PROVIDED IN THESE TERMS.

 

YOU HEREBY WARRANT AND REPRESENT THAT (I) YOU ARE THE SOLE INVENTOR AND OWNER OF THE IDEA/INVENTION AND KNOW-HOW WHICH ARE THE BASIS OF THE PROJECT; (II) YOU NEVER GRANTED TO ANY 3RD PARTY ANY RIGHT IN OR TO THE PROJECT; (III) NO THIRD PARTY HAS ANY RIGHT TO OR IN THE IDEA AND PROJECT; (IV) NO ASSIGNMENT, GRANT, MORTGAGE, LICENSE OR OTHER AGREEMENT AFFECTING THE RIGHTS AND PROPERTY TRANSFERRED TO MINDBLOWER HEREIN HAS BEEN OR WILL BE MADE TO ANY PERSON; (V) NEITHER THE IDEA NOR THE DEVELOPMENT THEREOF BY YOU WERE MADE WITHIN THE SCOPE OF ANY RESEARCH, PROJECT, EMPLOYMENT OR SERVICE CONTRACT IN WHICH ANY THIRD PARTY MAY BE ENTITLED TO AND/OR HAS BEEN GRANTED ANY RIGHT OR ACCESS TO THE RESULTS OR TO RESULTING INTELLECTUAL PROPERTY; AND (VI) TO THE BEST OF YOUR KNOWLEDGE, THE IDEA AND ITS REDUCE TO PRACTICE DOES NOT INFRINGE ANY RIGHT OF A THIRD PARTY AND THAT YOU NEVER RECEIVED AN ORAL OR WRITTEN NOTICE OF AND IS NOT AWARE OF ANY CLAIM RAISED BY A THIRD PARTY WITH RESPECT TO THE IDEA.

 

ANY AND ALL IMPROVEMENTS, ENHANCEMENTS OR DEVELOPMENTS MADE BY YOU OR MINDBLOWER OR ON BEHALF OF ANY OF IT TO THE IDEA AND PROJECT, SHALL BE PART OF THE PROJECT, BECOME THE EXCLUSIVE ASSET OF MINDBLOWER AND THE PROVISIONS OF THESE TERMS SHALL APPLY THERETO.

 

  1. Revenue Share;

 

MindBlower will determine a separate profit and loss account to the Project within Our accounting system. You will have online access to the status progress receive periodic reports on the progress of the Project.

 

You and MindBlower will share the net revenues generated by MindBlower from selling products/services which are directly based on the Project, as follows. You shall be entitled to one of the following portion of the net revenues, which will be depended on the maturity of your Project when it is accepted by MindBlower, while the remaining percentage will be owned by MindBlower:

  • 20% for patent pending+ working prototype+ first commercial sale.
  • 15% for patent pending + working prototype.
  • 10% for patent pending or a working prototype.
  • 5% for proof of concept.

 

MindBlower shall transfer to You your share of the net revenues once a year together with a report of the net revenue and the calculation of your portion thereof.

net revenues” means revenues generated by MindBlower from selling products or services less direct costs incurred by MindBlower for the commercialization of the Project including payments to 3rd party(ies).

  1. Our Intellectual Property Rights;

 

All rights to and in this Site (including all documentation, translations, enhancements, improvements, derivative works, or other modifications made to or derived from the Site), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right stemming therefrom or associated therewith, shall belong exclusively to MindBlower.

 

You shall not remove, obscure or alter any notices of intellectual property rights or disclaimers appearing in or on the Site.

 

  1. Grant of License and Limitation of Use

 

We hereby grant you permission to use this Site, provided that you: (i) comply in full with these Terms; (ii) will not copy, distribute or modify any part of this Site; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to this Site.
You agree not to: (i) access or use the Site in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Site computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any of our accounts, computer systems or networks.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their submissions (as provided above) or otherwise.

 

  1. Confidential Information;

 

You understand that MB screens many projects, inventions and developments, thus MB cannot undertook to confidentiality or might be working on similar project during the engagement with you. The information provided by you to the company, will be disclosed only to those employees and consultants of MB, who have to have access to such information in order to facilitate your Project.

 

  1. Indemnification

 

You agree to defend, indemnify and hold harmless MindBlower, and its officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Site; (ii) your violation of these Terms; (iiv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

 

  1. Advertisements

 

This Site may have 3rd party services implemented inside it for displaying advertisements and for providing with analytical services. Such 3rd party services, such as Google Adwords may have their own privacy policies and we advise You to review these polices before using this Website and related services. MindBlower may, at its own discretion and for its causes, include within the Site any links for 3rd party websites, advertisements or links for applications (“3rd Party Content”). MindBlower does not warrant for 3rd Party Content or availability thereof nor does it endorse it. MindBlower shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality.

 

  1. Disclaimers of Warranties and Limitation on Liability;

 

No matter what, MindBlower shall never be liable for any damage caused by browsing the Site, clicking on 3rd party links or any other activity made by browsing this Site.

 

  1. Termination and Amendments;

 

We reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the material changes to these Terms on this page and/or will indicate at the top of this page the date these terms were last revised. If you have a user account prior to any such changes, you will be prompted to review the revised Terms, and accept them, prior to logging in to your user account. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. You undertake and it’s your responsibility to examine, from time to time, any amendments in these Terms.

 

MindBlowermay, at its sole discretion, terminate these Terms of Service and Privacy Policy, or any other service rendered by it due to any reason, for any user, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if MindBlower believes that You have violated or acted inconsistently with the understandings or spirit of the Terms of Service and/or Privacy Policy. MindBlower may also, in its sole discretion, and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of Your access to the Website under any provision of these Terms of Service and Privacy Policy may be effected without prior notice, and acknowledge and agree that MindBlower may immediately deactivate or delete Your account and all related information and files in Your account (if applicable) and/or bar any further access to such files or the Website. Further, You agree that MindBlower shall not be liable to You or any 3rd party for any termination of Your access to the Website.

 

  1. Governing Law and Jurisdiction;

 

These Terms shall be solely governed by the laws of the UK, including their statutes regarding conflict of laws and may be exclusively brought to the competent courts of London, UK. You undertake not to initiate any class action, for any reason, against MindBlower and to claim Your damages only according to this agreement

 

  1. General

 

Any failure of Us to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.

The Section titles in this Agreement (including the privacy policy) are for convenience only and have no legal or contractual effect.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

These Terms, including the Privacy Policy (link to http://www.MindBlower.com/privacy-policy.html), supersedes any previous agreement and constitutes the entire agreement between you and Us concerning the Services.

You and Us are independent entities, and nothing in this Agreement, or through the use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Us. We may change these terms from time to time. You are advised to check these terms regularly from time to time. You agree to be bound by any of the changes made in the terms of this Agreement. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.

Contact Us

If you have any questions or clarifications about this Agreement you may contact us as at: contact@MindBlower.com