Cisco Systems, Inc. Terms of Use

These Terms of Use ("TOU") applies to each user ("User") of a software application provided by Cisco Systems., Inc. ("Cisco") through a participating social networking website (each such application, the "Application"). The TOU shall commence on the date first use the Application. The availability of the Application on any internet site does not indicate any relationship or affiliation between Cisco and such internet site. Unless stated otherwise, Cisco may change the TOU at any time without notice. User is responsible for checking the TOU regularly for changes, and his or her continued use of the Application indicates User's acceptance of any changes to the TOU.

  1. License. Cisco grants User a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Application for non-commercial purposes. In downloading and utilizing the Application, User is responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Application is made available. As between Cisco and User, title, ownership rights, and intellectual property rights in and to the Application and any derivatives or modifications thereof, in whole or in part, remain with Cisco. User understands that Cisco may modify or discontinue the Application or any of its features at any time in its sole discretion. The TOU does not entitle User to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Application except in Cisco's sole discretion. Your license to use the Application is limited to posting photos, creating text, and sharing these using the Application.
  2. Privacy. Any information you provide during use of the Application is governed by the Cisco Privacy Statement http://www.cisco.com/web/siteassets/legal/privacy.html
  3. Limitations. In connection with his or her use of the Application, User will not, and will not allow any third party to:
    1. Post or link to any material that is illegal, offensive, harmful or threatening in the sole discretion of Cisco;
    2. Violate any proprietary rights of any person or entity;
    3. Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Application;
    4. Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Application or any content contained therein;
    5. Use the Application in any manner that could damage, disable, overburden, or impair the Application, Cisco, the applicable social networking site, or any other person or entity; or
    6. Collect any information (including usernames and/or email addresses) about other users of the Application; create or transmit unwanted electronic communications to other users of the Application; or otherwise interfere with such users' enjoyment of the Application;
  4. User Content. By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such User-submitted content, collectively, "User Content") through or in connection with an Application, User irrevocably grants to Cisco, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content, solely for providing or improving the Application.

    User represents and warrants that: (a) User owns or controls all of the rights to the User Content that User posts or otherwise has the right to post such User Content through or in connection with the Application; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by User does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. User agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by User through or in connection with the Application.

    User is solely responsible for the User Content that User posts, stores or uploads through or in connection with the Application, including any material or information that User transmits to other users. Cisco does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Application; however, Cisco reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Application at any time and for any reason without notice. Without limiting the foregoing, Cisco may remove any User Content for any reason including content that in the sole judgment of Cisco violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Cisco does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by User or any third party, or for any loss or damage thereto.
  5. Copyright Policy; Notice and Procedure for Making Claims of Infringement. User may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Cisco to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to Cisco by the copyright owner or the copyright owner's legal agent.

    If User or any other person or entity believes that any content appearing through or in connection with the Application infringes its copyright rights, Cisco wants to know. Please forward the following information in writing to the Designated Copyright Agent at the address listed below:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
    2. A description of the copyrighted work or other work that you claim has been infringed
    3. A description of where the material that you claim is infringing is located on our sites, networks or other repositories
    4. Your address, telephone number, and email address
    5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
    Our Designated Agent notice of claims of copyright infringement can be reached as follows:
    Office of General Counsel
    Cisco Systems, Inc.
    170 West Tasman Drive
    San Jose, CA 95134
    Attn: Copyright Agent
    E-mail: DMCAagent@cisco.com
    If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
  6. Limitation on Liability; Disclaimers. THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND USER SHALL USE THE APPLICATION AT YOUR OWN RISK. CISCO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CISCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CISCO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE APPLICATION. CISCO DOES NOT WARRANT THAT THE APPLICATION OR APPLICATION CONTENT OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER (AND NOT CISCO) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CISCO BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, INCLUDING ANY CONTENT THEREIN, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  7. Indemnity. User will indemnify and hold Cisco, its parent, subsidiary and affiliated entities, and the employees, officers, directors, marketing companies, and representatives of each, harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of access to or use of the Application, the violation of the TOU, or the infringement of any intellectual property or other proprietary right (including claims related to defamation, invasion of privacy, or other violation of a person's rights), by User or any third party using User's account. User's obligations under this indemnity may not be offset against any other claim. User is solely responsible for all content User uploads, posts, e-mails, transmits, or otherwise disseminates in using, or in connection with, the Application.
  8. Links to Other Sites. The Application may contain links to websites operated by or on behalf of Cisco, and User's use of all such websites are subject to the applicable policies of those websites. The Application, including content therein, may contain links to third-party websites. These links are provided as a convenience to User. Cisco does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Cisco encourages User to exercise discretion while browsing the Internet. If User decide to access linked third-party websites, User does so at is or her own risk.
  9. Feedback. User acknowledges and agrees that any materials including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by User in the form of email or other submissions to Cisco in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Cisco. Cisco shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to User. User agrees to execute any and all documents that Cisco may reasonably request in connection with confirming Cisco's ownership of and unlimited right to use such Feedback. This paragraph is not intended to apply to any personal information about User (such as name, mailing address and e-mail address), the use and disclosure of which is described in Cisco's Privacy Statement
  10. Children and Mature Content. Please be aware that certain uses of the Application may contain mature content, including content that User finds offensive, indecent or objectionable. By using the Application, User assumes all risk associated with his or her use. We encourage parents to supervise their children's use of the Application and maintain open communication regarding appropriate materials for use and viewing by their children.
  11. General.
    1. Language; Interpretation. It is the express wish of the parties that the TOU and all related documents have been drawn up in English. The headings of sections, paragraphs and subparagraphs of the TOU are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
    2. Termination; Survival. Notwithstanding any provision of the TOU, Cisco reserves the right, without notice and in its sole discretion, to terminate User's use of the Application, and to block or prevent User's access to the Application. Upon termination of the TOU for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 11 (General), together with any licenses granted to Cisco hereunder, will survive.
    3. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims. The TOU and User's use of the Application shall be governed by laws of the State of New York, without regard to its conflict of laws principles. In no event shall any claim, action or proceeding by you related in any way to the Application be instituted more than one (1) year after the cause of action arose.
    4. Severability; Waivers. If any provision of the TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of Cisco to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Cisco's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
    5. Any abuse of this application, including offensive content associated with this application should be reported here.