1. WELCOME TO MARKETBLAST
2. DESCRIPTION OF SERVICE
MarketBlast is a product submission and hunt platform that enables Innovators (Product Owners) to submit innovative products directly to Companies through the MarketBlast platform for the purpose of generating a deal to license, wholesale, retail, sell or liquidate products. A user may create a Submitter account (to submit products) or Receiver account (to receive submissions), or both, depending on their particular needs. By offering a proprietary hunt platform, MarketBlast enables companies around the world to conduct product innovation hunts on the platform so that innovators can search and submit directly to them. And, by eliminating the middleman, MarketBlast provides direct communication and deal making between companies and innovators while eliminating traditional costs and processes associated with brokering products. The MarketBlast platform offers distinct benefits to both Submitters (Product Owners) and Companies outlined below.
Innovators (Product Owners)
Provides access to an ongoing, global stream of companies who are actively looking for innovative products.
Provides weekly alerts to notify when new company hunt opportunities are available.
Provides an easy system for compiling, managing and submitting product information directly to companies.
Provides for unlimited product profile pages and submissions.
Provides submission and decision tracking as well as reporting and communication tools.
Provides access to a global stream of product innovation opportunities.
Provides unlimited product hunts for company brands, product lines, divisions or subsidiaries.
Provides a centralized system for receiving, managing, tracking and archiving product submissions.
Provides reporting and communication tools to interact with innovators and enables companies to centralize, manage and archive all correspondence.
Provides a customizable submission form to be able to accept submissions directly on a company's website and manage through a MarketBlast account.
Submitters Account (Product Owners)
For innovators, there are no costs to create an account or to add and manage an unlimited number of products. However, to submit to companies, MarketBlast utilizes a pay-per-submission model. Your first 3 company submissions are FREE and each company submission after would have a small submission fee ranging from $8 to $12 depending on the submission credits assigned to the specific hunt (see details below). By eliminating the middleman, MarketBlast also eliminates upfront costs, commissions, or the need to give up a percentage of a product, either in royalties or equity.
Submission credits: each company hunt is assigned a submission value (cost) from 2-4 credits. Submitters are given 9 free credits to submit to their first 3 company hunts (on average), which are deducted from their credit balance when a product is submitted. Submitters may replenish their submission credits and continue submitting to companies by purchasing additional submission credits. Click the add credits link at top of your dashboard to view package options.
Receiver Accounts (Companies)
For companies interested in receiving submissions there are no costs to conduct and maintain product hunts on the platform or to add a MarketBlast submission form directly on a company website. The platform is 100% free with no contracts or commissions.
5. MEMBER ELIGIBILITY, ACCOUNT, PASSWORD AND SECURITY
- MARKETBLAST has the right, in MARKETBLAST’s sole discretion, to deny access to MARKETBLAST to any parties.
- You will receive a password and account designation upon completing the MARKETBLAST registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MARKETBLAST by email to email@example.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session. MARKETBLAST cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- You must keep your account information up-to-date and accurate at all times, including a valid email address.
You may terminate your use of MARKETBLAST at any time by disabling the MARKETBLAST link from your website and/or notifying MARKETBLAST in writing of your wish to terminate the service. MARKETBLAST may terminate the MARKETBLAST service at any time with or without cause.
MARKETBLAST does not claim ownership rights in any content submitted to or through MARKETBLAST (“Content”). You agree to allow MARKETBLAST to store all Content submitted to or through You through the MARKETBLAST system.
8. INTELLECTUAL PROPERTY
MARKETBLAST and other MARKETBLAST graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, service marks, trade names or trade dress of MARKETBLAST in the U.S. and/or other countries. MARKETBLAST trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
9. ACCESS AND INTERFERENCE
MARKETBLAST may contain robot exclusion headers, which contain internal rules for software usage. Much of the information on MARKETBLAST is updated on a real-time basis and is proprietary to MARKETBLAST. You agree that You will not use any robot, spider, scraper or other automated means to access MARKETBLAST for any purpose without MARKETBLAST’s prior express written permission. Additionally, You agree that You will not: copy, reproduce, modify, create derivative works from, distribute or publicly display any content from MARKETBLAST without the prior expressed written permission of MARKETBLAST or interfere or attempt to interfere with the proper working of MARKETBLAST or any activities conducted on MARKETBLAST.
MARKETBLAST, MARKETBLAST’S AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS PROVIDE MARKETBLAST "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. MARKETBLAST, MARKETBLAST’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MARKETBLAST SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
11. LIABILITY LIMIT
IN NO EVENT SHALL MARKETBLAST, AND (AS APPLICABLE) MARKETBLAST AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF MARKETBLAST OR THESE TERMS, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MARKETBLAST’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MARKETBLAST’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MARKETBLAST AND (AS APPLICABLE) MARKETBLAST’S AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
13. NO GUARANTEE
MARKETBLAST DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO MARKETBLAST, AND OPERATION OF MARKETBLAST MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE MARKETBLAST’S CONTROL.
14. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of MARKETBLAST.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
16. NO AGENCY
You and MARKETBLAST are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
17. MARKETBLAST SERVICE
MARKETBLAST reserves the right to modify or terminate the MARKETBLAST service for any reason, without notice, at any time. MARKETBLAST reserves the right to alter these Terms or other MARKETBLAST policies at any time. If the alterations constitute a material change to the Terms, MARKETBLAST will notify You via email to the email address in your account. What constitutes a "material change" will be determined at MARKETBLAST’s sole discretion.
18. CHOICE OF LAW
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its or any other jurisdiction’s conflict of law principles. Any controversy arising out of or relating to these Terms shall be determined by arbitration in the City of Pittsburgh, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) using arbitrators who are experienced commercial litigators admitted before the bar of the Commonwealth of Pennsylvania. You consent to personal jurisdiction in the Commonwealth of Pennsylvania for the purposes of enforcing and applying this arbitration clause and further consent to the venue of the state and federal courts located in Pittsburgh, Pennsylvania for the purpose of enforcing and applying this arbitration clause. All parties agree to be bound by the results of any arbitration; judgment upon the award so rendered may be entered and enforced in any court of competent jurisdiction.
Except as explicitly stated otherwise, any notices shall be sent by email to Attn: MarketBlast at firstname.lastname@example.org or, to the email address you provide to MARKETBLAST (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, MARKETBLAST may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MARKETBLAST. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by MarketBlast, Inc.