Most term of service contracts have a unsolicited ideas clause that contains language like:
suggestions or ideas relating to enhancements, new or improved products, technologies
etc.
If the corporation has an email contact link on the home page and someone sends in an unsolicited idea without having agree to the terms of service does that then mean that the corporation is no longer protected from the clause since the individual has not agreed?
Assuming that the company (call it Acme) includes in its terms of service something like:
We do not accept or consider, directly or through any Acme employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- Acme has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
- Acme will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
Acme is simply notifying people in general that it will not be bound by terms accompanying unsolicited ideas that it never agreed to or asked for (that is what "unsolicited" means). If after that someone chooses to send Acme an unsolicited idea whether privately orpublicly, the sender has made Acme a gift of the idea. If Acme chooses to use it, it has no obligation to pay anything for it or even acknowledge it. The security or insecurity of the channel used to send the idea to Acme is not relevant.
