The Site, Contributions and Challenges
You agree with the following:
- IDEO may retain and use the personal information that you register on the Site. Each User has a profile ("My User Profile") which is self managed. As part of My User Profile IDEO can derive a profile of you (the "Design Quotient" or "DQ") based solely on your use of the Site.
- Your DQ is derived from your Contributions (inspirations, concepts, comments and evaluations) and other User's feedback on your Contributions, and your applauding of other User's Contributions (an "Applause"). You can access your DQ at all times on the Site.
- My User Profile is i) created when registering on the Site (email address, username and password), ii) added to at will by the User, and iii) includes the DQ.
- Your Contribution on this Site is i) entirely voluntary, non-confidential and gratuitous; ii) visible to all other Users, and iii) is retained by IDEO and used for the purposes of the Site and Challenges.
- Challenges on the Site (including other directly linked websites) will be set, moderated, administered and managed by IDEO or other identified organisation or individual (the "Challenge Host").
- You place no restrictions on your Contributions and grant permission to IDEO and a Challenge Host to process and evaluate your Contribution(s) along with other Users for the purposes of the Challenge and their own evaluation purposes. You do not limit IDEO's or a Challenge Host's right to reproduce and publish your Contribution(s).
- You will not receive any payment or reward for your Contribution. However individual Challenges may have rewards for successful Users which will be part of the Challenge Rules.
- IDEO and a Challenge Host may approach you through the Site to further pursue any Contribution or invite you to contribute to Challenges.
- Not to divulge your personal information, Contributions or DQ for marketing or advertising purposes for itself or third parties.
- To act ethically and openly with all Users of the Site and to remove any Contributions that clearly may offend Users.
- To have the same arrangements in place with Challenge Hosts in the same way that IDEO sets, administers, moderates and manages Challenges.
BY ACCESSING AND USING THE SITE AND BY CHECKING THE "I AGREE" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS FORM A BINDING LEGAL AGREEMENT (the "Agreement") BETWEEN YOU AND IDEO, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.
If you are using the Site on behalf of an entity, you further represent and warrant that you are an authorized representative with the authority to bind such entity.
Grant and Restrictions on Use
The website www.OpenIDEO.com is owned and operated by IDEO. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by IDEO (the "Materials") are protected by copyright, trade dress, author's rights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Contributions submitted by you and other Users, all Materials contained on the Site are the copyrighted property of IDEO or its subsidiaries or affiliated companies and/or Challenge Hosts, or third–party licensors. All trademarks, service marks, and trade names are proprietary to IDEO or its affiliates or other Challenge Hosts and/or third–party licensors.
IDEO grants you a non-exclusive, revocable right to use the Site for its intended purpose provided that you do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
While IDEO endeavours to ensure that this Site is available at all times, IDEO shall not be liable if, for any reason, this Site is unavailable at any time or for any period.
Acceptable Use Policy
The Site enables you to submit, post, and share information and content with IDEO, Challenge Hosts and other Users, as further described below. You must be a registered User to submit any Contributions to the Site.
If you are a User and want to submit your Contribution to a Challenge it must be in accordance with the Challenge Rules outlined when you submit to the Challenge and you agree to be subject to the additional terms and conditions in any applicable Challenge Rules. You are able to update your Contribution at any time, but you are not able to edit or remove it.
IDEO does not want to receive through this Site any confidential or proprietary information or materials otherwise subject to use restrictions. You understand that all Contributions will be deemed public and not confidential.
Unless expressly authorised in Challenge Rules or on the Site, you are prohibited from posting or transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters. It is every Users decision as to whether they upload an image (photograph) of themselves and opt to make this visible to other Users as part of My User Profile.
You are also prohibited from:
- using the Site to send or post harassing, abusive, or threatening messages;
- transmitting through the Site any information, data, text, files, links, software, or other materials that IDEO considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our Users, partners, customers or suppliers and Challenge Hosts;
- attempting to conceal or misrepresent the identity of the sender, user or person submitting the information, or impersonate any individual (real names, e-mail addresses and other information must be used);
- disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other Users; or post any unsolicited chain letters, advertising, promotional materials, contests, or any other commercial or non-commercial solicitations;
- sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
- intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
- posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
- posting Contributions or using the Site in such a way that damages the image or rights of IDEO, Challenge Hosts, other Users, and third parties; and
- from creating any frames at any other Sites pertaining to any portions of this Site.
Your Contribution to IDEO on this Site is entirely voluntary, non-confidential and gratuitous. You grant to IDEO and its designees such as another Challenge Host an unrestricted, perpetual, irrevocable, sublicensable, non-exclusive fully-paid up and royalty-free worldwide license to use any ideas, expression of ideas or other materials you submit on this Site without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Contribution or parts thereof, and all rights therein, in the name of IDEO, or its designees such as another Challenge Host, throughout the universe in perpetuity in any and all media now or hereafter known.
In return for IDEO's or another Challenge Host's review and consideration of your Contribution, you acknowledge that you have read, understand and agree to the conditions listed below, and further agree that these terms shall apply, until such time as IDEO otherwise agrees in writing, to any additional Contribution, update to Contributions or content previously or later submitted.
- You represent and warrant that you are the owner of all Contributions and have all legal right and authority to grant IDEO or another Challenge Host the license and rights set forth herein. All necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for Contributions depicting people, products, businesses, or other content) have been obtained for you to grant the licenses contained herein.
- Your Contribution represents your own original work, you have all necessary rights to disclose your Contribution to IDEO or another Challenge Host and in doing so IDEO's or another Challenge Host's review and/or use of your Contribution, will not, to the best of your knowledge, infringe upon any other individual's or entity's rights.
- You understand that disclosure of your Contribution to IDEO or another Challenge Host does not establish a confidential relationship or obligate IDEO or another Challenge Host to treat your Contribution (or any related content) as secret or confidential.
- You understand that IDEO or another Challenge Host has no obligation, either express or implied, to develop or use your Contribution and that, unless explicitly stated in the Challenge Rules, no compensation is due to you or anyone else for any inadvertent or intentional use of that Contribution, related Contributions or Contributions derived from your Contribution. You understand that IDEO or another Challenge Host assumes no obligation with respect to any Contribution.
- You acknowledge that IDEO or another Challenge Host, directly or indirectly, may be working on the same Contribution or a similar Contribution to your Contribution, or already knows of such Contribution from other sources. You also understand that other Users may be working on the same or a similar Contribution.
- You agree that (except to the extent that these terms are superseded by a separate agreement in writing by you and IDEO or another Challenge Host) you hereby irrevocably release and forever discharge IDEO or another Challenge Host from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against IDEO or another Challenge Host and their affiliates and subsidiaries or their respective successors and assigns with respect to your Contribution, including without limitation in respect of how IDEO or another Challenge Host directly or indirectly use your Contribution.
- If you are viewing this Site(s) on a public computer or are otherwise using a computer to which multiple people have potential access, you agree to follow all relevant instructions or good practice to ensure you are sufficiently disconnected and logged off this Site(s) and the computer system you are using to prevent unauthorised Contributions.
- You agree that IDEO or another Challenge Host shall not be responsible for any fees that are or become payable as a result of the copying, distribution or display of the Contributions, including without limitation fees: (i) for any images or video recording embodied in the Contributions; (ii) for any composition or underlying works embodied in any Contributions; or (iii) to any actor, model, writer, creator, composer, artist or artist affiliated entity.
- IDEO or another Challenge Host retains the right to review, edit or delete from the Site any Contribution which IDEO or another Challenge Host in its sole discretion considers illegal, offensive or otherwise inappropriate.
Communications to the Site Administrator
The Site has three means of communication to IDEO or another Challenge Host as administrator of the Site(s) and/or Challenge:
'Contact Us' enables you to send a text message to the administrator by completing a form on the Site.
'Feedback' sends an email message directly to the administrator.
'Flag this' is available for every comment, Contribution and My User Profile and allows any User to point out content, postings or messages that the User regards as offensive or damaging and IDEO and/or another Challenge Host has the right to remove material it considers offensive to Users.
To the maximum extent permitted by applicable law, IDEO, another Challenge Host, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of IDEO and of other Challenge Hosts exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the Site, any websites linked to the Site, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Site, uploading your Contribution(s), or your downloading of any material from the Site or any website linked to the Site.
IDEO and the IDEO logo, OpenIDEO and the OpenIDEO logo, are the trademarks of IDEO LLC. All other trademarks, service marks, domain names, logos and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of IDEO LLC, or other Challenge Hosts. IDEO or other Challenge Hosts claim rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of the Challenge Host or their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of IDEO or other Challenge Host or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.
Digital Millennium Copyright Act ("DMCA")
In operating the Site, IDEO may act as a "services provider" as defined by DMCA, and offer services as online provider of materials and links to third-party websites. IDEO's procedures with respect to DMCA can be reviewed here.
Jurisdiction and Compliance with Laws
In the event you browse, access or use another website hosted by IDEO, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of the site.
Site and Overview
Information We Collect
Our primary purpose in collecting your email address, username and password when you register to the Site (the "Login Information") is (i) to provide you with a safe, smooth, and efficient experience and (ii) to be able to contact you in connection with any Contributions and information that you submit. We only collect the minimum of personal information about you that we consider necessary for achieving this purpose.
Your Login Information is held within your account called My User Profile. This is a) created when you register to the Site, b) added to at will by you the User, and c) includes your Design Quotient. We derive a profile of you (the "Design Quotient" or "DQ") solely based on your Contributions, other User's feedback on your Contributions, and your
Applause of other User's Contributions for Challenges.
Your DQ is published on the Site and is accessible on each page of the Site and is only visible to other Users if you opt for it to be so.
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you register or submit a Contribution for a Challenge you are not anonymous to us. If you choose to submit a Contribution, we will require you to register with your Login Information thus creating My User Profile. All Contributions will be viewable by other Users of the Site. You always have the option to not provide information by choosing not to register or submit a Contribution or Applause.
We automatically track certain information based upon your activities on the Site. We use this information to do internal research on our Users' demographics and interests if entered in My User Profile. We may also track the URL that you came to the Site from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address. We do all of these things to better understand, protect and serve you and the Site and to be able to investigate any allegations against you or us.
You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to re-enter your password or Login Information more frequently.
If you register and create My User Profile, choose to submit Contributions, or Applause, or post messages on the Site we will collect and store that information you provide to us. We retain this information as necessary to resolve disputes and troubleshoot problems as permitted or required by law.
If you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
Our Use of Your Information
We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to:
- contact you about any Contributions
- troubleshoot problems and resolve disputes
- detect and protect us against error, fraud and other criminal activity
- enforce any terms and conditions governing use of the Site, and as
- otherwise described to you at the time of collection.
By accepting these terms and conditions you expressly agree that we may contact you as provided herein, and you agree that we may use your Login Information to contact you.
Our Disclosure of Your Information
IDEO may disclose information it has collected from you and/or Contributions you have made available on the Site when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of IDEO or other Challenge Hosts or others. As a matter of policy, we do not provide any of your personal information to third parties without your explicit consent (given here). We will not use your information for marketing purposes for ourselves or others. The following describes some of the ways that your personal information may be disclosed in the normal scope of our business and you authorise us to do this for the purposes of the use, operation any investigations of the information on the Site.
Internal Service Providers for Our Operations. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business. Therefore we may provide some of your personal information directly to these internal service providers, or this information may come available to them in the course of our business with them. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced IDEO related operation, unless you have explicitly agreed or given your prior permission to them for additional uses.
Other Corporate Entities. We may share our data, including personal information about you, with our parent company, subsidiaries, partners and joint ventures and they are bound by terms of confidentiality and they will treat your personal information available to them at least as protectively as we treat your information. To the extent allowed by applicable law our parent company, subsidiaries, partners and joint ventures or any new merged or acquired entity follow privacy practices no less protective of all Users than our practices described in this document.
Legal Requests. IDEO cooperates with law enforcement inquiries, as well as other third parties to enforce laws and intellectual property rights. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can disclose Login Information and name, address, telephone number if you have provided this, and without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss; or to report suspected illegal activity.
Control of Your Password
Accessing, Reviewing and Changing Your Personal Information
You agree to maintain and promptly update and keep accurate, current and complete any information provided to IDEO as part of My User Profile. You can change your username, email address, password, contact and other information by going to My User Profile. Your previous Contributions, your Applause and your Design Quotient will be associated with the updated information.
You are given the option to make most parts of your personal profile available to other Users. If you do so, be aware that other Users can object to any content on My User Profile if they believe it damaging or offensive. Your recent Contributions and current and past Challenges are shown on your My User Profile page. You have the option to make your Design Quotient visible to other Users.
Other Information Collectors
Your information is stored on our service provider's servers. For more information regarding the security of the servers, please see Amazon Elastic Compute Cloud service (Amazon EC2 - http://aws.amazon.com/ec2/) in conjunction with Amazon S3 storage (http://aws.amazon.com/s3/). We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorised access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorised access, and we employ many different security techniques to protect such data from unauthorised access by other Users and browsers of the Site. However, "perfect security" does not exist on the Internet.
If your personal information will be used contrary to this policy, you will receive prior notice as provided in this Notice section.
OpenIDEO Digital Millennium Copyright Act ("DMCA")
Infringement Notification Procedures
It is IDEO's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, IDEO will promptly terminate without notice the accounts of users that are determined by IDEO to be "repeat infringers." A repeat infringer is a user who has been notified by IDEO of infringing activity violations more than twice and/or who has had a user submission removed from an IDEO Site more than twice.
To file a copyright infringement notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the notice is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.").
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is (are) allegedly infringed by the aforementioned content.").
To expedite our ability to process your request, such written notice should be sent to our designated copyright agent via email at firstname.lastname@example.org or via regular mail to the following address:
100 Forest Avenue
Palo Alto, CA 94301
Attn: IDEO DMCA copyright infringement notification
For clarity, only DMCA notices should go to the IDEO Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to IDEO through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that under Section 512(f) any person who materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorneys' fees).
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act.
To file a counter notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(g) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing the specific URL(s) of the material that IDEO has removed or to which IDEO has disabled access is the best way to help us locate content quickly.
- Your full name, address, telephone number, and email address, and the username of your IDEO account.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which IDEO may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (for example, "I swear, under penalty of perjury, that I have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.").
Send the written communication to our designated copyright agent via email at firstname.lastname@example.org or via regular mail to the following address:
100 Forest Avenue
Palo Alto, CA 94301
Attn: IDEO DMCA copyright infringement notification
Please note that under Section 512(f) of the Copyright Act, any person who materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain material infringes the rights of others, we suggest you consult your legal counsel.
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on IDEO. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.