The Site enables you to submit, post, and share information and content (“Contributions”) on the Site. IDEO does not want to receive through the 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.
You are prohibited from posting or transmitting any sensitive, personally identifiable information on the Site. This may include, but not be limited to, any information about You or another person that relates to health or medical conditions; social security numbers or national identifiers; credit cards, bank accounts or other financial data; trade union membership; sex life; political opinions; criminal charges or convictions; religious or philosophical beliefs; racial or ethnic origin; or other sensitive matters. You are also prohibited from submitting any information that may be subject to protection under The Family Education Rights and Privacy Act of 1974, commonly known as FERPA.
You also are prohibited from:
- using the Site to send or post harassing, abusive, or threatening messages;
- transmitting through the Site any information, data, text, files, links, images, software, or other materials that IDEO considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, racially or ethnically hateful, or otherwise objectionable, or which threatens our relationships with our users, partners, customers, or suppliers;
- attempting to conceal or misrepresent the identity of a sender, user, or contributor, or to impersonate any individual (You must use your real name, email address, and other contact information);
- disrupting the normal flow of the Site, by speaking or acting in a manner that negatively affects other Users or posting unsolicited materials (including chain letters, advertising, promotional materials, contests, or any other commercial or noncommercial 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 applicable local, state, national, or international laws, 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 infringes on the rights of IDEO, other users, or third parties; and
- creating any frames at any other websites pertaining to any portion(s) of this Site.
Your Contributions to IDEO on this Site are entirely voluntary, nonconfidential, and gratuitous. You grant to IDEO and its designees an unrestricted, perpetual, irrevocable, sub-licensable, nonexclusive, and royalty-free worldwide license to use any Contributions (ideas, expressions of ideas, or other materials) You submit on the 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 (e.g., recording a publication and celebrating a challenge), combine with other works, alter, translate, distribute copies, display, perform, license the Contributions or parts thereof and all rights therein, in the name of IDEO, or its designees, throughout the universe in perpetuity in any and all media now or hereafter known.
By submitting any Contributions to the Site, You acknowledge that You have read, understand, and agree to the conditions listed hereunder, and You further agree that these terms shall apply, until such time as IDEO otherwise agrees, in writing, to update your Contributions, or any previously or subsequently submitted content.
- You represent and warrant that You are the owner of all Contributions and have all legal right and authority to grant IDEO 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 and including parental or legal guardian consent for any children under the age of 18 appearing in any photos or other images) have been obtained for you to grant the licenses contained herein.
- Your Contributions represent your own original work. You have all necessary rights to disclose your Contributions to IDEO and, in doing so, IDEO’s review and/or use of your Contributions will not infringe on any other individual’s or entity’s rights.
- You understand that disclosure of your Contributions to IDEO does not establish a confidential relationship or obligate IDEO to treat your Contributions (or any related content) as secret or confidential.
- You understand that IDEO has no obligation, either express or implied, to develop or use your Contributions and that no compensation is due to You or anyone else for any inadvertent or intentional use of that Contribution, related Contributions, or works derived from your Contributions. You understand that IDEO assumes no obligation with respect to any Contributions.
- You acknowledge that IDEO, directly or indirectly, may work on Contributions similar or identical to yours or already knows of such Contributions from other sources. You also understand that other Users may work on similar or identical Contributions.
- You agree that, unless these terms are superseded by a separate agreement in writing between You and IDEO, You hereby irrevocably release and forever discharge IDEO 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 and its affiliates and subsidiaries or their respective successors and assigns with respect to your Contributions, including without limitation in respect of how IDEO directly or indirectly uses your Contributions.
- In operating the Site, IDEO may act as a “services provider” as defined by the Digital Millennium Copyright Act (DMCA) and offer services as online provider of materials and links to third-party websites. IDEO’s procedures with respect to the DMCA Procedure and alleged copyright infringement can be reviewed below, and You agree to comply with IDEO’s requirements.
- You agree that IDEO shall not be responsible for any fees that are or become payable as a result of copying, distributing, or displaying your Contributions, including without limitation fees: (i) for any images or video recording embodied in your Contributions; (ii) for any composition or underlying works embodied in your Contributions; or (iii) to any actor, model, writer, creator, composer, artist, or artist-affiliated entity.
- IDEO retains the right to review, edit, or delete from the Site any Contributions which IDEO in its sole discretion considers illegal, offensive, or otherwise inappropriate.
Digital Millennium Copyright Act — Infringement Notification Procedures
It is IDEO’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. IDEO will promptly terminate, without notice, the accounts of any user who is determined by IDEO to be a “Repeat Infringer.” A Repeat Infringer is a user who has been notified by IDEO of infringing activity violations more than twice and/or who has had Contributions removed from the Site more than twice.
To file a copyright infringement notification with IDEO, You must send us a written notice. (Please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements.)
Any written notice of copyright infringement must include the following information:
- 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 a street address, phone number, and, if available, an email 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 (e.g., “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 (e.g., “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 your request, please send your written notice to our designated copyright agent via email at firstname.lastname@example.org or via regular mail to the following address:
150 Forest Avenue, Palo Alto, CA 94301
Attn: IDEO DMCA copyright infringement notification
For clarity, only DMCA notices should go to the above-listed contact. 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) of the DCMA, any person who materially misrepresents that Contributions or other Site activity is infringing on his or her rights 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.
Digital Millennium Copyright Act — Counter-Notification Procedures
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 must send a written communication. (Please consult your legal counsel or see Section 512(g) of the Digital Millennium Copyright Act to confirm these requirements.)
Any written counter-notification letter must include the following information:
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, street address, phone 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 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 (e.g., “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:
700 High Street, Palo Alto, CA 94301
Attn: IDEO DMCA copyright infringement notification
Please note that, under Section 512(f) of the DCMA, any person who materially misrepresents that Contributions or other Site activity was removed or disabled by mistake or misidentification may be subject to liability for damages (including costs and attorneys’ fees).
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 contains your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.
After we send 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 the Site. 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. THE INFORMATION PRESENTED HEREIN IS NOT LEGAL ADVICE AND FOR INFORMATIONAL PURPOSES ONLY.