Acknowledgment and Acceptance.

These Concept Submission Terms ("Agreement") set forth the legally binding terms between you ("you") and Bitvibe, Inc., a Delaware corporation ("Bitvibe") with respect to the concept and all related descriptions and information ("Concept") you are submitting to Bitvibe through the submission form ("Submission Form") that you are completing in connection with and by accepting the terms of this Agreement.

By clicking the "I AGREE" box at the end of this Agreement, you agree, effective as of such date (the "Effective Date") to be bound by this Agreement with respect to the Concept and the Submission Form thereby submitted to Bitvibe.

You are only authorized to submit the Concept and the Submission Form to Bitvibe if you agree to abide by this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should not submit your Concept to Bitvibe through the Submission Form.

Eligibility.

Completion and submission of a Submission Form is void where prohibited. By submitting the Concept via the Submission Form, you represent and warrant that (a) any registration information you submit is truthful and accurate; (b) if you are a natural person, you are 18 years of age or older.

Rights in Concept.

You further represent and warrant that: (i) you are the sole owner of the Concept or otherwise have the right to grant the license set forth in this section, and (ii) the submission of the Concept or implementation thereof does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.

By submitting the Concept and the Submission Form, you agree that it will be considered by Bitvibe to be non-confidential, and that Bitvibe will have no obligations with respect thereto (including without limitation any obligations to use or develop the Concept, or with respect to attribution). Further, you agree that Bitvibe and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Concept and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. The foregoing license shall be fully-paid, royalty-free, fully sub-licensable, transferable, and irrevocable.

Consent to Receive Commercial E-mail.

BY AND AS A CONDITION OF SUBMITTING THE SUBMISSION FORM, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF BITVIBE AND OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED BY BITVIBE FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

Restrictions.

You agree that you will submit Submission Forms and Concepts only as permitted by applicable laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) submit any Concept that is or includes any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, or obscene; or (ii) submit any Concept that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations. Further prohibited Concepts, but are not limited to Concepts that, in the sole discretion of Bitvibe: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons.

Violation of any of the foregoing may subject you to legal consequences. Bitvibe reserves the right, but shall have no obligation, to investigate your submission and Concept order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Disclaimer of Warranties.

THE SUBMISSION FORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability.

IN NO EVENT SHALL BITVIBE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR CONCEPT OR THE SUBMISSION FORM OR BITVIBE’S USE OF THE CONCEPT, EVEN IF BITVIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BITVIBE'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

The warranty disclaimers and limitations of liability set forth in this Agreement shall apply irrespective of any failure of essential purpose of any limited remedy.

Indemnity.

You agree to indemnify and hold Bitvibe, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Concept or Submission Form and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other.

This Agreement constitutes the entire agreement between you and Bitvibe regarding the Concept and the Submission Form submitted by you. The failure of Bitvibe to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. Bitvibe may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Bitvibe, and any attempt to do so shall be null and void. 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.

Questions.

Please contact us at: support@bitvibe.com with any questions regarding this Agreement.