Terms and Conditions

OpenIDEO Terms of Use
The previous version of the OpenIDEO Terms of Use was dated 15 October 2012 and this revision of the Terms of Use is effective 9 January 2014.
 
The Site, Contributions and Challenges
IDEO LP (formerly IDEO LLC) or any of its related, affiliated or subsidiary companies (“IDEO”) owns and operates the Internet site located at http://www.OpenIDEO.com (the “Site” or “OpenIDEO”). The Site shall also include other websites operated by other entities which allows access to users registered to OpenIDEO and are linked directly to OpenIDEO. By accessing, browsing and/or using the pages and registering on OpenIDEO, you (the “User”) agree to these terms and conditions, incorporating the Site Privacy Policy and the Digital Millennium Copyright Act (DMCA) Procedure (the “Terms of Use”). You may also enter (as an “Entrant”) a challenge or competition set on the Site (the “Challenge”) with your own submission, research, idea or comment on or evaluation of another contribution (your “Contribution”) and this is further governed by separate challenge conditions (the “Challenge Rules”) which in the event of conflict shall have precedence over these Terms of Use. A functionality exists within the Site to acknowledge the Contributions of other Users to a idea, or invite other Users to contribute to a idea, (the “Team”) thus recognising that other Users can, to a limited extent, share in the idea and its journey through the stages of a Challenge.
By using the Site, You agree to the following:

  • IDEO may retain and use the personal information that you register on the Site. Each User has a profile (“My Profile”) which is self managed. As part of My 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 (research, ideas, 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 Profile is i) created when registering on the Site (first name, email address, username and password), ii) added to at will by the User, and iii) includes the DQ.
  • You consent to other Users adding you as a member of a Team for a idea and you acknowledge that you will receive no authorship in the idea.  You further acknowledge that, other than any DQ points earned, you will not be entitled to any reward for successful Entrants which may be part of the Challenge Rules. (You will receive a Notification (defined hereunder) if you become a member of a Team and you will be able to reply opting out of the Team). 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 will be set, moderated, administered and managed by IDEO together with another identified organization acting as sponsor of the Challenge (the “Challenge Host”). The Challenge Host is often identified on the Site as “sponsor” together with their name and logo, and is always identified in the Challenge Rules.
  • You place no restrictions on your Contributions and grant permission to IDEO and the Challenge Host to process and evaluate your Contribution(s) along with other Entrants for the purposes of the Challenge and their own evaluation purposes. You do not limit or in any way restrict IDEO’s, a Challenge Host’s or User’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 Entrants which will be part of the Challenge Rules.
  • IDEO may approach you through the Site to further pursue any Contribution or invite you to contribute to Challenges.
 
IDEO undertakes:
  • 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.
  • Not to copy video and photo files for purposes other than expressed in the Terms of Use or Challenge Rules and to treat audio, video and photo images as anonymous even if they give names, identities or individuals are identifiable.
  • To have the same arrangements in place with Challenge Hosts in the same way that IDEO sets, administers, moderates and manages Challenges.
  • To operate the Site in accordance with the latest requirements with respect to our use of cookies and giving you the option not to store these on your computer.
The principles above are further specified in the following terms and conditions. This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms of Use, do not further access this Site. If you are under 13 years of age do not further access this Site without the permission and supervision of your parents or legal guardians.
BY ACCESSING AND USING THE SITE AND BY CHECKING THE “I AGREE” BOX WHEN SIGNING UP, 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.

Use
Our primary purpose in collecting personal information is (i) to facilitate your use of the Site, (ii) to connect Users and Contributions, and (iii) to be able to contact you in connection with your Contributions and your use of the Site. We only require the minimum personal information about you that we consider necessary for achieving this purpose. See IDEO’s Site Privacy Policy hereunder.  As part of My Profile, you may add additional personal information and share this information with other Users.
You will receive email messages (the “Notifications”) from the Site to the email address in your My Profile with the purpose of (i) informing you of your and other Entrant’s activities relating to Challenges that you are following, and (ii) sending you an email informing you of new Challenges and other related matters. You can opt out of the former Notifications in My Profile, and the latter by using the “unsubscribe” facility in the email.
Users under the age of 13 are not eligible to use the Site unsupervised. Users under the age of 13 may only use the Site in conjunction with and under the supervision of parents or legal guardians. Users under the age of 18 cannot enter into an agreement with IDEO and their parents or legal guardians must register to the Site, agree the Terms of Use and enter into the Agreement with IDEO.
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.
By agreeing to these Terms of Use you also agree to the Site Privacy Policy hereunder and to also comply with the DMCA Procedure (when relevant) hereunder.

Grant and Restrictions on Use
The Site 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 and content submitted by you and other Users and Entrants, 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 Challenge Hosts and/or third party licensors.
Where IDEO has licensed elements of the Materials to another organization or individual for the purposes of this entity operating its own ‘branded’ website for Challenges using the same community of Users you afford the same rights to this entity as you do to IDEO in these Terms of Use.
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.
IDEO hereby grants you a limited license to use the Materials, features and services provided by IDEO and a Challenge Host on this Site, solely for your personal, non-commercial use, to submit any Contribution, Applause or other content, subject to these Terms of Use. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right.
IDEO reserves the right to review your Contributions in order to ensure compliance with these Terms of Use and our Site Privacy Policy. IDEO reserves the right to deny or revoke access to this Site for any User, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Site will terminate upon the termination of these Terms of Use for any reason.
Users are granted the use of User Contributions as stated in this Agreement, and the use of any content contained in the User Contributions will be entirely at your own risk, for which neither IDEO nor the Challenge Host shall be liable. It shall be your own responsibility to ensure that any content from the Contribution you wish to use or develop is suitable for your specific requirements.
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 and Entrants, as further described hereunder. You must be a registered User and an Entrant 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 become an Entrant, 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, as well as your username and User photo/image (if uploaded to My Profile and made visible to other Users), will be deemed public and not confidential.
It is not necessary to fulfill the purpose of the Site and/or a Challenge for a User or Entrant to disclose personally identifiable information and IDEO advises against such. It is each User’s decision as to whether they add personal information to My Profile or upload a photograph of themselves and to opt to make these visible to other Users as part of My Profile.
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.
You are also prohibited from:
  1. using the Site to send or post harassing, abusive, or threatening messages;
  2. 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, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our Users, partners, customers or suppliers and Challenge Hosts;
  3. 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);
  4. 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;
  5. 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;
  6. 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;
  7. posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
  8. 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, including posting Contributions that breach the copyright (or other proprietary rights) of third parties; and
  9. from creating any frames at any other websites pertaining to any portion(s) of this Site.
User Contributions
Your Contribution to IDEO on this Site is entirely voluntary, non-confidential and gratuitous. You grant to IDEO and its designees, such as a Challenge Host, and as of 9 January 2014 to other Users an unrestricted, perpetual, irrevocable, sub-licensable, non-exclusive fully-paid up and royalty-free worldwide license to use any ideas, expression of ideas, Contributions 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 (e.g. a publication recording and celebrating a challenge), 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 throughout the universe in perpetuity in any and all media now or hereafter known.
In return for IDEO’s or a Challenge Host’s review and consideration of your Contribution, you acknowledge that you have read, understand and agree to the conditions listed hereunder, 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.
  1. You represent and warrant that you are the owner of all Contributions and have all legal right and authority to grant IDEO and Challenge Hosts 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.
  2. Your Contribution represents your own original work, you have all necessary rights to disclose your Contribution to IDEO and Challenge Hosts and in doing so IDEO’s or 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.
  3. You understand that disclosure of your Contribution to IDEO or a Challenge Host does not establish a confidential relationship or obligate IDEO or a Challenge Host to treat your Contribution (or any related content) as secret or confidential.
  4. You understand that IDEO or a 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 a Challenge Host assumes no obligation with respect to any Contribution.
  5. You acknowledge that IDEO or a Challenge Host, directly or indirectly, may be working on the same Contribution or a similar Contribution to your Contribution, or already know of such Contribution from other sources. You also understand that other Users may be working on the same or a similar Contribution.
  6. You agree that (except to the extent that these terms are superseded by a separate agreement in writing by you and IDEO or a Challenge Host) you hereby irrevocably release and forever discharge IDEO and a 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 and a 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 a Challenge Host directly or indirectly use your Contribution.
  7. Your Contribution, including any personally identifiable information, is voluntary and subject to the Site Privacy Policy hereunder. You are responsible for the content of your Contribution and agree to defend (at IDEO’s option and at your sole expense), indemnify and hold IDEO and a Challenge Host harmless from any damages, losses, costs, or expenses, including attorneys' fees, which IDEO and a Challenge Host may incur as a result of your Contribution.
  8. 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 here and you agree to comply with IDEO’s requirements with this respect.
  9. 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 good practice and ensure that you are sufficiently disconnected and logged off this Site(s) and the computer system you are using to prevent unauthorised Contributions.
  10. You agree that IDEO or a 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.
  11. IDEO retains the right to review, edit or delete from the Site any Contribution, which IDEO in its sole discretion, or in consultation with a Challenge Host as necessary, considers illegal, offensive or otherwise inappropriate.
  12. You acknowledge and declare that you have read and fully understand these Terms of Use and appreciate the nature, extent and consequences of this Agreement, and the submission of your Contribution on the Site(s) is entirely voluntary.
Communications to the Site Administrator
The Site has the following means of communication to IDEO as administrator of the Site(s) and/or Challenge:
  • ‘Contact Us’ and ‘Give us your feedback’ enables you to send an email directly to the administrator of the Site.
  • ‘Report this’ is available for every comment, Contribution and My Profile and allows any User or Entrant to point out content, Contributions, postings or messages that the User or Entrant regards as offensive or damaging.
‘Report this’ or 'Report' or 'Report this item' enables you to notify IDEO of offensive or damaging content, Contributions, postings or messages and allows IDEO to decide the course of action. IDEO, in consultation with the Challenge Host as necessary, has the right to remove material it considers offensive to Users and Entrants, and/or suspend a User’s registration.
Should three Users or Entrants report the same content, Contributions, postings or messages as offensive or damaging it is immediately “unpublished” from the Site and IDEO will contact the User and decide the course of action as above, including that the material is republished on the Site.
An email address is provided at the end of these Terms of Use for questions about these, the Site Privacy Policy and the DMCA Procedure.
 
Disclaimer
The materials and information on this Site may include technical inaccuracies or typographical errors. IDEO may make changes or improvements at any time without notice. The materials, information and services provided by IDEO or a Challenge Host on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, IDEO provides this Site on the basis that IDEO and a Challenge Host exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for these Terms of Use might have effect in relation to the Site.

Liability
To the maximum extent permitted by applicable law, IDEO, a 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 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.
Nothing in these Terms of Use shall exclude or limit IDEO’s or a Challenge Host’s liability for (i) fraud; willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.

Trademark Information
IDEO and the IDEO logo, OpenIDEO and the OpenIDEO logo, are the trademarks of IDEO. 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, or Challenge Hosts or other participating parties. IDEO and 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, partners or participating parties. You may not use any trademark, service mark, domain name, logo, or company name of IDEO or Challenge Host or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.
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Site Privacy Policy
Site and   Overview
IDEO LP (formerly IDEO LLC) or any of its related, affiliated or subsidiary companies (“IDEO”) owns and operates the Internet site located at   http://www.OpenIDEO.com (the “Site” or “OpenIDEO”). The Site shall also include other websites operated by other entities which allows access to users registered to OpenIDEO and are linked directly to OpenIDEO. By accessing, browsing and/or using the pages in this Site, you (the “User”) acknowledge and agree to the conditions of this Site Privacy Policy. If you do not agree to these conditions please do not use or access our Site.
This Site Privacy Policy describes the information we collect from you and what may happen to that information. By accepting and agreeing to the OpenIDEO Terms of Use (the “Terms of Use”) you expressly consent to IDEO’s use and disclosure of your personal information in accordance with this Site Privacy Policy.
Privacy is very important to IDEO and IDEO will not provide your personal information to third parties without your explicit consent. Please read this Privacy Policy to learn more about the ways in which IDEO uses and protects your personal information.
In this Site Privacy Policy we use the same definitions as the Terms of Use.

Regarding Children
Users under the age of 13 may only use the Site in conjunction with, with the permission of and under the supervision of parents or legal guardians. Users under the age of 18 cannot enter into an agreement with IDEO and we ask that they do not submit any personal information to us. Their parents or legal guardians must register on the Site and agree the Terms of Use and enter into the Agreement with IDEO.

Information We Collect
Our primary purpose in collecting your first name, 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 email address is not displayed.
If you register to the Site using   ‘Facebook Connect’ the following information from Facebook, if it has been made publically available by you on Facebook, will be stored on our servers as your Login Information – ID, first and last names, email address, country, locale, gender and date of birth. Additionally your Facebook Profile Picture becomes part of your Login Information but is not stored by us. Your Facebook ID will be your username for the Site.
Your Login Information is held within your account called My 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 Entrant’s Contributions for Challenges.
It is each User’s decision as to whether they add personal information to My Profile or upload a photograph/image of themselves and opt to make these visible to other Users as part of My Profile. The image/photo/picture, first and last name, gender and date of birth from Facebook Connect (if used) can be made private by deletion at each User’s discretion. Your Facebook ID is not visible in My Profile but can appear in your My Profile URL.
Your DQ is published on the Site, is accessible on each page of the Site, and is visible to other Users unless you choose to make it private (an option available in My Profile).
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you register, create My Profile, or submit a Contribution for a Challenge you are not anonymous to us. If you choose to submit a Contribution prior to registering to the Site, we will require you to first register with your Login Information thus creating My Profile and then to become an Entrant by agreeing the Challenge Rules. 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.
If you register and create My 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 for the purposes of the Site and 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.

Cookies Policy
IDEO is committed to protecting you and any data (anonymous or otherwise) that we collect about you online. This section tells you how we use cookies, why, and how this allows us to improve our service. It also tells you how you can manage what cookies are stored on your device.
We use data collection devices such as “cookies” on certain pages of the Site. “Cookies” are small files placed on your hard drive. We use cookies to allow you to enter your Login Information less frequently. 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. Examples of cookies that we use:

__umta, __umtb, __umtc, __umtz: These Cookies are used by Google Analytics to provide usage reports for OpenIDEO.com. There is no personal data stored in these cookies, however they provide us invaluable statistics which we use when improving the site. More information can be found here:
https://developers.google.com/analytics/resources/concepts/gaConceptsCookies#cookiesSet

SPRING_SECURITY_REMEMBER_ME_COOKIE: This cookie is used when you tick the “remember me” option when logging in. It lets you use the site for a longer period of time without the need to log in again after closing your browser.

AWSELB: Used by the load balancer of our hosting to improve the throughput of the servers by distributing user traffic across multiple web servers. This cookie does not contain any personal information and stored on a per user session basis.

JSESSIONID: This cookie is used by OIEngine to ensure smooth user session handling by allocating a unique, one-time identifier per user sessions.

Additionally, you may encounter “cookies” or other similar devices used for improving the user experience or providing added functionality on certain pages of the Site that are placed by third parties. For example, if you view content or video submitted by another User, there may be a “cookie” placed within that web page. We do not control the use of cookies by third parties, nor do we have an obligation to do so.
We use User activity, including Users’ My Profile, on the Site to do internal research with the potential to improve the Site and future Challenges. 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.
By using our Site (through any device) you agree that this Cookies Policy applies to that use in addition to any other terms and conditions which may apply. By using our Site you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings.
If you wish to restrict or block the cookies which are set by any website, including this Site, you should do this through the browser settings for each browser you use, and on each device you use to access the Internet. You can allow cookies from specific websites by making them “trusted websites” in your Internet browser. For more information on how to do this, and how to change your browser settings, you may wish to visit   www.allaboutcookies.org.
We reserve the right to make changes to our Cookies Policy. Your continued use of the Site is taken as meaning that you agree to any such changes.

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
  • contact you with Notifications
  • 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 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.
Challenge Host. A Challenge Host (other than IDEO) cannot store or disclose your personal information; this can only be done by IDEO in compliance with this Site Privacy Policy. IDEO may share information that you have entered in My Profile with a Challenge Host to analyse Entrants’ Contributions, comments and Applause for the Challenge Host’s own Challenge(s).
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 to 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.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Site Privacy Policy. By way of example and without limiting the foregoing, we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Control of Your Password
You are responsible for all actions taken with your Login Information and My Profile. Accordingly, you agree to maintain and safeguard the confidentiality of your Login Information, and to not share your Login Information with any third party. We recommend that you do not disclose your password to any third parties. If you choose to share your username and password or your personal information with third parties you should review that third party’s privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in the next section - Accessing, Reviewing and Changing Your Personal Information.

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 Profile. You can change your username, email address, password, contact and other information by going to My 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 Profile if they believe it damaging or offensive. Your recent Contributions and current and past Challenges are shown on your My Profile page. You have the option to make your Design Quotient private to other Users.

Other Information Collectors
Except as otherwise expressly included in this Site Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since IDEO does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.

Security
Your information is stored on our service provider’s servers in the USA. For more information regarding these services, including 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/) and Amazon CloudFront services (http://aws.amazon.com/cloudfront/). We reserve the right to change our service provider and location of servers without revising these Terms of Use.
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, including cookies, to protect such data from unauthorised access by other Users of and visitors to the Site. However, “perfect security” does not exist on the Internet.

Notice
If your personal information is to be used contrary to this policy, you will receive prior notice as provided in this Notice section.


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Digital Millennium Copyright Act (“DMCA”) Procedure
 
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):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. 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.”).
  6. 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   copyright@ideo.com or via regular mail to the following address:
        
         IDEO LP
   Attn:  Legal Group
         715 Alma Street
         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   hello@ideo.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.


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 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):
  1. A physical or electronic signature of the user.
  2. 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.
  3. Your full name, address, telephone number, and email address, and the username of your IDEO account.
  4. 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.
  5. 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 copyright@ideo.com or via regular mail to the following address:
        
         IDEO LP
        Attn:  Legal Group
         715 Alma St
         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.
 
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Jurisdiction and Compliance with Laws
Access to and use of this Site and these Terms of Use, incorporating the Site Privacy Policy and DMCA Procedure, are governed by the laws of the State of California, USA. You and IDEO agree to submit to the exclusive jurisdiction of the state and federal courts located in the Northern District of California, USA.
Waiver
The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms of Use will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
Miscellaneous
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of the Site for illegal purposes will be provided to law enforcement authorities. These Terms of Use, the Site Privacy Policy, the DMCA Procedure and any applicable Challenge Rules constitute the entire agreement between the parties relating to the use of this Site and supersede and replace any prior agreement and communication between the parties, except as otherwise set forth above. Save as provided in these Terms of Use, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms of Use (a “Misrepresentation”) and IDEO shall have no liability to you other than pursuant to these express Terms of Use. Nothing in these Terms of Use shall exclude or limit IDEO’s liability for any intentional Misrepresentation.
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.
Questions on the Terms of Use 
Questions on these Terms of Use, the Site Privacy Policy and the DCMA Procedure may be addressed to tandc@openideo.com
Modifications to the Terms of Use
IDEO can revise these Terms of Use at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms of Use as modified and/or updated. 
 

 

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