Background
Academynetspace.com (the “Site”) is a social networking and gaming web site developed for the Cisco Networking Academy. The Site allows registered users to create unique personal profiles (each a “Profile”), play games, chat, send messages and otherwise interact with other Users (collectively, the “Services”).
Rules and Regulations
This Agreement sets forth the legally binding terms for the Site and the Services. This Agreement covers all 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.
a. Amendments. Cisco may change 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 are deemed to have accepted the changes to the terms of this Agreement.
b. Software. In order to play Site games or use other Services, you may be required to download software or other data files.. Use of such software shall be subject to separate license terms and conditions provided with the software or otherwise made available. Violation of such terms and conditions shall constitute a material breach of this Agreement. Some software may not be available to all Users. Cisco shall have no liability in the event inability to download or run such software impairs or restricts use of the Services.
b. Posting Content. Please choose carefully the information you put on the Site. You are solely responsible for what you post on the Site or transmit via the Services. The following is a partial list of what is prohibited:
- Anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in Cisco’s sole discretion;
- 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, imagery or photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
- Anything that violates the privacy, copyright, trademark or other intellectual property rights of any other person;
- Improperly assuming or claiming the identity, characteristics or qualifications of another person;
- Any unsolicited or unauthorized advertising, promotional materials, “spam,” ”chain letters,” “pyramid schemes” or any similar form of solicitation;
- Any virus, malware or other harmful code;
- Anything that may disrupt, avoid, bypass or interfere 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.
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 Cisco at netspace@external.cisco.com.
Cisco may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, in our sole discretion, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. 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.
c. 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 or Services, 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. You acknowledge that Cisco cannot guarantee the accuracy of any information submitted by any User of the Site, nor any identity information about any User. Cisco reserves the right, in its sole discretion, to reject, refuse to post or remove any Profile, 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 accepts no liability whatsoever if it refuses to post your submissions or edits, restricts or removes your submissions.
d. Reporting. You may not use the Site or Services in any manner inconsistent with applicable law 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 legal 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.
Eligibility
You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You also represent that, if you reside in the United States, you are age 13 or older, or if you live anywhere else, you are at least 14 years of age or older. Your Profile may be deleted and your access to the Services may be terminated without warning if we believe that you are underage.
Profiles and Login Credentials
To participate in the Services, Users must create a Profile. Profiles include your first and last name, hometown and other information you elect to provide. You acknowledge and agree that the information in your Profile can be searched and viewed by others. When registering for the Site, Users must create a unique user name (“User Name”) and a password. Users may also create one or more nicknames that will be used to identify a User during game play (a “Game Name”). Usernames and Game Names must be unique, non-deceptive and otherwise in keeping with the terms of this Agreement. You are fully responsible for all activities conducted through or under your User Name or Game Name. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify Cisco immediately if you suspect any unauthorized use of your User Name or access to your password. You are solely responsible for any and all use of your login credentials.
Non-commercial Use by Users
The Services are for the personal and non-commercial use of Users. You may not trade, sell or otherwise transfer your account to any other person without Cisco’s written consent. Users may not use the Site or the Services for commercial advertisements, affiliate links, endorsements or other forms of solicitation. You may not use the Services to conduct contests, sweepstakes, giveaways or similar promotions.
Ownership / Licenses
a. Cisco does not claim any ownership rights in text, files, images, photos, video, sounds, musical works, works of authorship or any other materials that Users post to the Site ("User Content" or your “Content”). However, you understand and agree that by uploading Content to the Site, transmitting Content using the Services of otherwise providing Content to Cisco, you grant (and warrant and represent you have a right to grant) to Cisco a world-wide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute the Content in the course of offering the Site and/or the Services. After posting your Content, you continue to retain any ownership rights you may have. Cisco will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You 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 such site and/or the Services.
You also agree to permit any other User of this Site to access, view, store or reproduce your Content for that other user's personal use or otherwise in connection with use of the Services. You agree not to restrict or inhibit the use of the Site or Services by any other person.
b. The Site and the Services also contain content owned by or licensed to Cisco ("Cisco Content"). Cisco Content is protected by copyright, trademark, patent, trade secret and other laws, and Cisco owns and retains all rights in the Cisco Content and the Services. Cisco hereby grants you a limited, revocable, nonsublicensable license to the Cisco Content (excluding any software code) solely for your personal and non-commercial use to view the Site and otherwise use the Services according to the terms herein. 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 patent, trademark or copyright of Cisco or any third party. All licenses not expressly granted by Cisco are reserved.
c. Except for such rights as you may have with respect to your Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content or Cisco Content.
Copyright
You 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. Cisco may terminate access to the Site or the Services for any User who is alleged to infringe another party’s copyright upon receipt of proper notification to Cisco by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or via the Services in a way that constitutes copyright infringement, 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.
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.
Privacy
Use of the Site and Services is also governed by our Privacy Statement, located at http://www.cisco.com/web/learning/netacad/landing/netspace/netspacePrivacy.html which is incorporated into this Agreement by this reference. You consent to the display of your Game Name in connection with any Site game in which you participate, including but not limited to display on a Site leader board. You also acknowledge and agree that Game Names on a leader board may link to the corresponding User Profile. 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.
Additional Disclaimers
a. Third Party Content. The Site may contain links to other websites not controlled by Cisco. 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.
b. Technical Errors. Cisco assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission of the Site or Services, or any theft, destruction or unauthorized access thereto. 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 or players 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.
c. “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 SOFTWARE, 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 "AS-IS" AND AS AVAILABLE WITH ALL FAULTS, AND CISCO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CISCO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE OF THE SERVICES IS AT YOUR OWN RISK.
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 any third party arising out of: (i) your use of the Services or the Site; (ii) your breach of this Agreement; or (iii) any of your Content.
Limitation on Libility
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 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.
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.
Costs and Fees
The Site and Services is provided at no additional charge to User and User shall be solely responsible for any costs and expenses it incurs because of the Site or the Services. You acknowledge and agree that Cisco may later require Users to pay a fee to continue to use the Services or to use the Site.
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.
Feedback
User may be asked to provide comments, suggestions, improvements or similar feedback about the Site or Services (“Feedback”). User is not required to provide Feedback, and any Feedback will not be held by Cisco in confidence. For any Feedback you provide, you grant to Cisco a worldwide, perpetual, irrevocable, royalty-free license to use, display, copy, edit, create derivative works, market, sell, import, distribute (including through resellers or multiple tiers of distribution) such Feedback, entirely without obligation or restriction of any kind. You warrant that you have the rights to provide such Feedback. Cisco may disclose and sublicense Feedback to third parties for any purpose. Any use of Feedback by Cisco is in its sole discretion.
Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of the Services may use cookies to track user traffic patterns. Cisco will not correlate this information with data about individual users, nor will it share this information or sell it to any third party. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
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 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.
Please contact us at netspace@external.cisco.com with any questions regarding this Agreement.