USE OF THE ArcGIS IDEAS PORTAL IN ANY MANNER, INCLUDING MERELY BROWSING OR ACCESSING THIS WEB SITE, CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE THOROUGHLY AND MAKE SURE YOU UNDERSTAND THE TERMS BEFORE ACCEPTING.
IF YOU DO NOT ACCEPT THESE TERMS OF USE OR DO NOT WISH TO BE BOUND BY THESE TERMS, CEASE ACCESS AND USE OF THIS WEB SITE AND THE CONTENT FROM THIS WEB SITE IMMEDIATELY. YOU ARE ONLY PERMITTED ACCESS TO AND USE OF THIS WEB SITE AND THE CONTENT FROM THIS WEB SITE UPON ACCEPTANCE OF THESE TERMS OF USE.
These Terms of Use comprise a legal agreement between you and Environmental Systems Research Institute, Inc. ("ESRI"). The terms and conditions provided herein govern your access and use of the ArcGIS Ideas Portal. In addition, you agree to be bound by the ESRI Web Site and Service Terms of Use, which may be found at http://www.esri.com/legal/licensing/ termsofuse.html
1. OWNERSHIP AND USE OF THE CONTENT
Posting Your Ideas. By submitting your ideas, suggestions, proposed feature enhancements, materials, and comments, (collectively referred to as the "Materials") to the ArcGIS Ideas Portal you agree to the following:
1.1 You represent and warrant that you own, control, or have permission to all intellectual property rights necessary to post Materials to the ArcGIS Ideas Portal and the submitted Materials do not infringe upon or violate any personal, property or intellectual property rights (copyright, patent, trademark, trade secrets, or other intellectual property right).
1.2 You hereby grant ESRI a nonexclusive, worldwide, irrevocable, perpetual, transferable, royalty-free sub-licensable license to all Materials submitted by you through the ArcGIS Ideas Portal to make, use, sell, offer to sell, import, modify, (re)produce, copy, display, perform, (re)distribute, make derivative works, and combine with other works for any purpose whatsoever to the extent permitted by law.
1.3 You waive any and all intellectual property claims or other legal claims against ESRI or anyone using a product or service marketed, sold, or licensed by ESRI relating to the operation of the ArcGIS Ideas Portal or your submission of Materials to the ArcGIS Ideas Portal.
1.4 You understand and acknowledge that ESRI may not adopt your Materials into any ESRI product, service, or application. ESRI, at its sole discretion, may elect to develop and market products, services or applications that incorporate Materials that you submit through the ArcGIS Ideas Portal. You agree not to make any claims against ESRI or anyone using a product or service marketed by ESRI related to the development and offering of such products, services, or applications whether your Materials are adopted, not adopted or adopted but modified in any product, service or application.
1.5 You agree to disclose to ESRI if your Materials are protected by a patent or subject to a pending patent application. If your Materials are patented, subject to a pending patent application, or you intend to file for patent protection, these Terms of Use will automatically grant ESRI a license under the terms of Section 1.2.
1.6 You acknowledge and understand your submissions of Materials through the ArcGIS Ideas Portal do not make you a contributing inventor to any inventions that may arise during development by ESRI of any products, services, or applications implementing your Materials. Notwithstanding the foregoing, in the event that you are determined to be an inventor to an invention based on your postings to the ArcGIS Ideas Portal by ESRI in its own discretion or by any court or government agency competent to make such a determination, you promise to: (a) cooperate with ESRI in procuring patents to protect the invention; (b) execute all necessary paperwork required to procure patents to the invention on ESRI's behalf; and (c) at ESRI's request execute any assignments assigning ownership of any patents or patent applications to the invention to ESRI.
1.7 The submitted Materials contain nothing scandalous, libelous, in violation of any right to privacy or publicity, or contrary to law;
1.8 The submitted Materials do not contain any confidential, classified information, or other information subject to the International Traffic in Arms Regulations (ITAR) which could pose a restriction on distribution.
1.9 You will not enter into any agreement with a third party that might conflict with your license provided to ESRI of the submitted Materials on the ArcGIS Ideas Portal.
1.10 You have not created the submitted Materials within the scope of your employment, or appropriate written copyright permissions were obtained from your employer; and written copyright permissions for any copyrighted or other proprietary materials owned by any third party, including your employer, and consent by third parties described, quoted, or depicted in the submitted Materials will be delivered by you to ESRI upon ESRI's request.
1.11 You acknowledge and understand that ESRI may continue to develop ideas independent of your submission without acknowledging your Materials.
IF YOU DO NOT WISH TO LICENSE YOUR MATERIALS UNDER THIS LICENSE, YOU MUST NOT SUBMIT THEM TO THE ArcGIS IDEAS PORTAL.
You agree to never submit Materials that infringe on the copyright or other intellectual property right of another person or entity. You acknowledge that information found on the Internet are not necessarily in the public domain and that all such materials should be either authorized for use or conclusively demonstrated to be in the public domain. If you submit infringing or copyrighted Materials without receiving appropriate permissions, such Materials may be removed and you may be blocked from editing the Materials or submitting any Materials to ESRI. ESRI may, at its sole discretion, reject any Materials submission and prevent it from being posted on the ArcGIS Ideas Portal.
BY SUBMITTING YOUR MATERIALS TO THE ESRI IDEAS PORTAL, YOU AGREE TO INDEMNIFY AND HOLD ESRI, ITS SUCCESSORS AND ASSIGNS, AND ANY LICENSEES OF YOUR MATERIALS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING COSTS AND ATTORNEYS' FEES) ARISING OUT OF ANY DEMAND, CLAIM, ACTION, OR PROCEEDING ALLEGING FACTS THAT, IF ESTABLISHED, CONSTITUTE A BREACH OF YOUR ABOVE REPRESENTATIONS AND WARRANTIES.