CISCO DIGITAL CRIBS ACCEPTABLE USE POLICY

PLEASE READ THIS CISCO DIGITAL CRIBS ACCEPTABLE USE POLICY (the “Agreement”) CAREFULLY. PRESSING “I AGREE” ON THE REGISTRATION PAGE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. BY PARTICIPATING IN THE CONTEST AND UPLOADING CONTENT YOU ARE BINDING YOURSELF (“YOU” OR “USER”) TO THIS AGREEMENT WITH CISCO SYSTEMS, INC (“WE” OR “CISCO”). IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” OR UPLOAD ANY CONTENT OR ACCESS THE WEBSITE.

1. Background. The Cisco Digital Cribs Web Site (the “Site”) is a web site developed by or for Cisco Systems, Inc (“Cisco”). The Site enables users to view, rate, share, comment on or upload videos that explore either a “Digital Cribs Heaven” showing the intersection of lifestyle and home technology with a focus on interesting, unique and creative consumer uses of video and the home network, or a “Digital Cribs Hell” depicting frustrating home and personal technology where devices do not connect or communicate with ease, wires abound and media is not easily shared throughout the home (the “Services”). Cisco may modify, enhance, restrict or terminate the Services in its discretion at any time and without notice.

2. Rules and Regulations. This Agreement sets forth the legally binding terms for the Site and the Services. This Agreement covers all of your visits to the Site and any use of the Services. If you stop visiting the Site or stop using the Services, this Agreement remains in effect.

  1. Amendments/Other Terms. Cisco may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Cisco will exercise commercially reasonable efforts to provide notice to you of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding upon you. If you do not agree with the changes, you should discontinue using the Site or any Services. If you continue using the Site or Services after such three-business-day period, you will have accepted the changes to the terms of this Agreement. Users participating in the Heaven or Hell Contest will be asked to accept the Contest Official Rules prior to entering the contest. Unless expressly set forth in such official rules, those additional terms are hereby incorporated into this Agreement and in the event of a conflict between such official rules and this Agreement, the official rules shall govern.
  2. Posting Content. Much of the information on the Site is posted by Users. Please choose carefully the information you post. You are solely responsible for what you post. The following is a partial list of what you are prohibited from posting:
    • Anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in Cisco’s sole discretion;
    • Content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable;
    • Information prohibited from disclosure under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Content that infringes the copyright, trademark, patent, trade secret or other intellectual property rights of anyone;
    • Any information or data that misrepresents the identity, characteristics or qualifications of you or any other person, including but not limited to the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;
    • Any unsolicited or unauthorized advertising, promotional materials, “spam,” ”chain letters,” “pyramid schemes” or any similar form of solicitation. This prohibition includes but is not limited to a) using invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using the Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases for purposes of spamming;
    • Any virus, malware or other harmful code;
    • Anything that disrupts or interferes with the Services;
    • Any other content that, in Cisco’s sole discretion, undermines the purpose of the Site or otherwise reflects unfavorably upon Cisco, its partners, affiliates or customers.

    Be advised that other Users may violate one or more of the above prohibitions, but Cisco assumes no responsibility or liability. If you become aware of misuse of the Site or Services by any person, please contact digitalcribs@cisco.com. Cisco may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, or removing the. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Cisco be liable in any way for any data or other content on the Site, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. If at any time you are not happy with the Site or the Services or object to any material on the Site, your sole remedy is to cease using the Site or the Services.

  3. Monitoring. Nothing in this Agreement shall require Cisco to monitor or edit the Site for objectionable or infringing materials. If at any time Cisco chooses, in its sole discretion, to monitor or edit the Site, Cisco nonetheless assumes no responsibility for anything submitted by Users, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any User. Cisco does not endorse and has no control over what Users post or submit to the Site. Cisco reserves the right, in its sole discretion, to reject, refuse to post or remove any Content, posting or other data, or to restrict, suspend, or terminate any User’s access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree that Cisco has no liability whatsoever if it Cisco refuses to post your submissions or edits, restricts or removes your submissions.
  4. Laws and Reporting. You may not use the Site or Services in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content. Additionally, you agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Cisco reserves the right to investigate and take appropriate action against anyone who, in Cisco’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited.

3. Eligibility. The Site and the Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Cisco for any reason.

4. Competitive Use. You may not use the Site or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in Cisco’s sole and absolute discretion, compete with the products, services, solutions or technologies of Cisco.

5. Ownership /Licenses

  1. Cisco does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that Users upload to the Site or transmit via the Services ("User Content" or your “Content”). However, by uploading Content to the Site, transmitting Content using the Services or otherwise providing Content to Cisco, you grant to Cisco a world-wide, royalty-free, sublicensable (so Cisco affiliates or contractors can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, publish, and otherwise exploit the Content in any and all media, now known or hereinafter developed without limitation and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. Users hereby waive any moral rights with respect to Cisco’s exploitation of Content without further notification or compensation of any kind. Cisco, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use your Content (and have no obligation to you or any other person or entity after your Content is received). You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Cisco, its affiliates, licensees, successors and assigns for use of your Content including but not limited to copyright, trademark, public performance, digital sound recording, mechanical, synchronization or master use royalties, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Content as set forth in this Agreement. Cisco will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You also agree that any other User of this Site may access, view, store or reproduce your Content for such User's personal use or otherwise in connection with use of the Site and/or Services.
  2. The Site and the Services also contain content owned by or licensed to Cisco ("Cisco Content"). Cisco owns and retains all rights in the Cisco Content and the Services, including all intellectual property rights. Cisco hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Cisco Content (excluding any software code) solely for your personal use to view the Site and otherwise as necessary to use the Services. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Cisco or any third party. All licenses not expressly granted by Cisco are reserved.

6. Copyright. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Cisco may deny access to the Site or the Services any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. Cisco’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134; Attn: Copyright Agent; and email: DMCAagent@cisco.com.

7. User Disputes. You are solely responsible for your interactions with other Users. Cisco reserves the right, but has no obligation, to monitor disputes between you and other Users.

8. Privacy. Use of the Site and Services is also subject to our Privacy Statement, located at http://www.cisco.com/web/siteassets/legal/privacy.html which is incorporated into this Agreement by this reference. Additionally, you understand and agree that Cisco may contact you via e-mail or otherwise with information relevant to your use of the Site or Services. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Services.

9. Additional Disclaimers.

  1. Third Party Content. The Site may contain links to other websites. Cisco is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by Cisco. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Cisco. When you access these third-party sites, you do so at your own risk. Cisco takes no responsibility for third party advertisements which may be posted on the Site or through the Services, nor does it take any responsibility for the goods or services provided by any advertisers.
  2. Technical Errors. Cisco assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication. Cisco is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from using the Site or the Services.
  3. “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CISCO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND CISCO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CISCO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. CISCO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE IS AT YOUR OWN RISK.

10. Indemnity. You agree to defend, indemnify and hold Cisco, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by party arising out of or related to: (i) your use of the Services or the Site; (ii) your breach of this Agreement; or (iii) your Content.

11. Limitation on Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CISCO’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Disputes. If there is any dispute about or in any way involving the Site or the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Jose.

13. Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Cisco or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark. Users receive no license to and are not permitted to use these Marks. Please see the complete list of Cisco Trademarks at www.cisco.com/web/siteassets/legal/trademark.html.

14. General. This Agreement constitutes the entire agreement between you and Cisco regarding the use of the Services and the Site. The failure of Cisco to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.