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Dell IdeaStorm Terms of Service and Guiding Principles

(Last Update: February 14, 2007)

Guiding Principles

  • 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.

Our Commitments

  • 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

These Terms of Service and Guiding Principles [“Terms of Service”], the Dell Website Terms of Use and Dell's Privacy Policy govern your use of the Dell IdeaStorm [“IdeaStorm”]. These terms are not exhaustive and Dell reserves the right to modify them at any time, effective upon posting. By registering as a user or using IdeaStorm, you agree to abide by these terms. Any violation of these Terms of Service may result in the suspension or termination of your right to access IdeaStorm. IdeaStorm is a valuable place for people to exchange information and ideas and learn from one another. Like any community, IdeaStorm is most valuable when everyone follows certain basic guidelines and rules of conduct. These Terms of Service and the Guiding Principles detail what is expected of you and what you can expect from other participants when using the site. Dell’s IdeaStorm is an English language forum, and use of IdeaStorm is governed by U.S. law.

NOTE: Use of IdeaStorm is limited to participants age 18 and of majority in the state of primary residence.

Registration

You are not obligated to register in order to access IdeaStorm and read the message boards. However, registration (by providing a valid email address, screen name and password), login, and agreement to these Terms of Service are required in order to post an idea to the message boards, comment on an idea and adjust user settings. If you change your email address, screen name or password, you may be required to indicate agreement with these Terms of Service again as your identifying information has changed. One user per email address, screen name and password is authorized. Dell will handle all personal information in accordance with Dell's Privacy Policy.

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.

Site Management

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.

License

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.

General Release

You hereby release and hold harmless Dell, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees (“Dell Entities”) with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through IdeaStorm, the use of such content by the Dell Entities for any purpose, your use of IdeaStorm, your violation of these Terms of Service or the Website Terms of Use, or the violation by you or the Dell Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.

Disclaimer of Warranties and Limitation of Liability

Most of the content posted to IdeaStorm is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. Dell does not control, and is not responsible for this third-party content. Dell does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on IdeaStorm regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on that content. Dell will not be liable or responsible in any way for any content posted on or linked from IdeaStorm including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Website Terms of Use that apply to all of Dell's websites.

Links

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.

Enforcement

Dell generally does not pre-screen, verify or edit the content posted by users in IdeaStorm. However, Dell and its agents reserve the right to do so and investigate any violation of the Dell Website Terms of Use and these Terms of Service and to take appropriate remedial action. Dell has absolute discretion to enforce the terms of these documents, including, but not limited to, warning users of violations, disabling or suspending IdeaStorm access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, or which is otherwise inappropriate for IdeaStorm. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to use IdeaStorm violates these Terms of Service, constitutes an unlawful trespass to Dell's equipment and systems, and may result in legal action.

Dell also may release information concerning your use of IdeaStorm (including posted content, registration information, and network records) when Dell believes release is appropriate to comply with the law; to enforce or apply Dell's Website Terms of Use and these Terms of Service; to protect Dell's rights or property, or to protect Dell's users from fraudulent, abusive, or unlawful use of IdeaStorm; or if Dell reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.

Content

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:

  1. 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;
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. 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;
  8. Attacks or insults another IdeaStorm user or site manager;
  9. Suggests or encourages illegal activity; or
  10. 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.

Dell Website Terms of Use: http://www.dell.com/us/en/gen/misc/policy_007_policy.htm

Dell's Privacy Policy: http://www.dell.com/us/en/gen/misc/policy_000_policy.htm

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