Dell IdeaStorm Terms of Service and Guiding Principles(Last Update: February 14, 2007)
- Be civil – Civil and constructive dialogue is expected from everyone involved in the ideas and commentaries. We’ll remove anything that is inappropriate, inaccurate, profane or defamatory. Needless to say, spam will not be tolerated. The site will be moderated by the community – users can and should flag any inappropriate materials and notify Dell for removal.
- Be relevant – IdeaStorm is dedicated to the discussion of ideas and improvements related to Dell products and services and related technology. That does not mean any topic or issue related to Dell. IdeaStorm is not the appropriate channel to seek technical support or inquire about an order. Dell provides a number of online channels for customers to share views, learn how to use our products, or seek resolution on a service issue – please make sure you use the channel that suits your needs.
- Be yourself – The goal of IdeaStorm is to encourage the sharing and discussion of individual ideas, comments and solutions. We hope you will contribute your own ideas and comments. Please, no pitching for commercial interests.
- Be interesting – Ultimately, the value of this site is in the ideas presented and the level of discourse. All users should foster a creative and valuable exchange of ideas.
- Be honest and ethical – Users should follow basic legal restrictions just as they should on any other Web site – for example, not infringing on any patent or copyright or sharing any confidential information. Read more about this in the IdeaStorm Terms of Service below.
- Moderation – To foster a real-time and free-flowing discussion, comments will not be actively moderated by Dell. The site will be moderated by the community, and users can and should flag any materials that don’t fit the site guidelines. The site manager also will retroactively remove postings that violate the rules of engagement. We will do our best to respond to comments – where appropriate – in a reasonable timeframe. We expect users to provide their own input and responses, as this site is a forum for ideas and is not designed for Q&A with Dell or responses to specific customer questions.
- Topics – We will not hesitate to address tough issues or challenging topics, but will do so in a measured, thoughtful fashion. There are some topics, however, that are not appropriate for the IdeaStorm forum and will not be maintained on the site – political issues, sensitive financial matters and topics unrelated to our business and industry, for example.
- Due Diligence – We will consider the most popular ideas, as selected by users, and review the suggestions for their business potential and viability.
- Updates – We will update users on the status of the most popular ideas and any product or business developments linked to user ideas and comments.
- Conduct – Our corporate values and policies will guide what we say – and how we say it. In line with our Dell Code of Conduct, we are committed to acting in a professional, transparent, accurate and ethical manner in all situations – with our customers, business partners and neighbors. Dell also subscribes to the Code of Ethics of the Word of Mouth Marketing Association. All comments and interactions on IdeaStorm by Dell representatives will follow these guidelines, and Dell has the discretion to remove posts by others that are not in line with these guidelines.
- Privacy – We are committed to the confidentiality of personal information, and your privacy will be respected. Information collected for registration will remain strictly confidential.
Terms of Service
NOTE: Use of IdeaStorm is limited to participants age 18 and of majority in the state of primary residence.
We may refuse to grant you a screen name or email address that is already being used, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar or offensive, or that we reject at our discretion.
By registering for IdeaStorm, you agree that all information provided in your profile is accurate, true, current and complete. Dell and its agents may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
IdeaStorm is not intended as a way for visitors to get answers from Dell on any issue; it is intended as a means to exchange ideas and propose solutions. Unless the person is a site manager or otherwise authorized to speak on behalf of Dell, the views and statements of Dell employees are theirs alone and do not represent an official company position. IdeaStorm is not a substitute for contacting Dell support, for example, for resolution of personal customer services issues. U.S. customers can contact Dell Support by starting at: http://support.dell.com/support/index.aspx?c=us&l=en&s=gen.
You grant to Dell and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use any ideas, expression of ideas or other materials you submit (collectively, “Materials”) to IdeaStorm 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 Materials, and all rights therein, in the name of Dell, or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
The license shall also permit Dell and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Dell and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Dell and shall not be subject to your approval or payment by Dell of any compensation to you.
You agree that the Materials you submit: (i) are original with you and accurate, and (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right.
You acknowledge and agree that the relationship between you and Dell is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Materials you submit.
By making a submission, you acknowledge and agree that Dell and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through IdeaStorm or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by Dell and its designees may be similar to your Materials.
Option to Purchase
Dell shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property law in and to the Materials you submit, which rights shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright registration for any or all of the Materials, and all rights therein, in the name of Dell, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The option shall be exercisable by us from the date you submit the Materials until 1 year from that date. If we exercise the option, you agree to accept payment in the amount of $1000 USD or value in kind at Dell’s discretion, and you agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the Materials.
Disclaimer of Warranties and Limitation of Liability
IdeaStorm allows users to post hypertext links to content hosted and maintained by third parties. Links are subject to treatment like any other type of content posted to IdeaStorm. You may not include a link that directs users to any content or information that, if posted in IdeaStorm, would constitute a violation of these Terms of Service. The linked sites and content are not moderated by Dell, are not under Dell's control, responsibility or endorsement and your access to any linked site is at your own risk. When leaving IdeaStorm using any link provided by a user, you should be aware that Dell's terms and policies no longer govern, and you should review the terms and policies, including privacy and data gathering practices, of that particular site. If you access a linked site and find materials to be in violation of these Terms of Service, you may report the link.
By participating in IdeaStorm, including the posting of content and commentary, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
- Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Dell in its sole discretion;
- Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
- Provides any non-public information about Dell or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of Dell employees and IdeaStorm participants;
- Intentionally interferes with the operation of IdeaStorm or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
- Impersonates any person or entity, including a Dell employee, or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
- Attacks or insults another IdeaStorm user or site manager;
- Suggests or encourages illegal activity; or
- Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.
Governing Law and Venue
THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN AUSTIN, TRAVIS COUNTY, TEXAS AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.