PLEASE READ THIS CISCO INDIA MARKETPLACE Agreement (the “Agreement”) CAREFULLY.
You should not submit on this Site anything that is confidential, proprietary or otherwise sensitive to your employer or you.
For the avoidance of doubt, Cisco may enhance, restrict or terminate the Services in its discretion at any time and without notice. Cisco is not a buyer or a seller in connection with any transaction and will not be responsible for any transaction or potential transaction between Users or interested parties. You acknowledge and agree that if Cisco disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. The Services may be used for lawful purposes only. The Services shall be made available solely at the discretion of Cisco in India, Sri Lanka, Bangladesh, Nepal, Bhutan and the Maldives.
Rules and Regulations. This Agreement sets forth the legally binding terms for use of the Site and the Services. This Agreement remains in effect even if you discontinue using the Site or Services
a. Amendments. Cisco may change or supplement the terms of this Agreement from time to time at its sole discretion. Cisco will use reasonable efforts to provide notice on the Site of material changes to this Agreement. After five (5) business days of posting changes to the Agreement, they will be binding on you. If you do not agree to the changes, you must discontinue using the Site or any Services. Users who continue using the Site or Services after such five-business-day period will be deemed to have accepted the changes to this Agreement. Current version of TOU may be found at: tools.cisco.com/itsmp/home/termsofuse.html.
b. Other Terms. In order to use certain Services, Users may be required to download software and/or agree to additional terms and conditions. Any software which you download is governed in accordance with (i) the license terms accompanying the file, or (ii) if no license terms accompany the file, the license terms pursuant to the end user license agreement found here: http://www.cisco.com/go/warranty. Violation of such additional terms and conditions constitute a violation of this Agreement.
c. Posting Content. Some of the information on the Site is posted by Users, not Cisco. Please choose carefully the information you post, either in a Profile or elsewhere on the Site. Users are solely responsible for their postings, text, files, images, photos, video, sounds, works of authorship or other materials ("Content") posted on the Site or linked to or reference from the Site. Your linking to any other websites is at your own risk. Cisco shall have the sole discretion to delete or move any Content made available on the Site for violating the TOU or for any other reason.
d. 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. Users should take any necessary actions as appropriate before proceeding with any online or offline transaction with any of these third
e. Conduct. What follows is a partial list of what Users are prohibited from posting:
1. Anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in Cisco’s sole discretion;
2. Content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable;
3. 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);
4. (Content that infringes the copyright, trademark, patent, trade secret or other intellectual property rights of anyone;
5. Any information or data that misrepresents the identity, characteristics or qualifications of any 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;
6. 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;
7. Any virus, malware or other harmful code;
8. Anything that disrupts or interferes with the Services; or
9. 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
Cisco assumes no responsibility or liability for any violation of the above prohibitions by Users. To report misuse of the Site or Services, please send an email message to: firstname.lastname@example.org
f. Monitoring. Nothing in this Agreement shall require Cisco to monitor or edit the Site. 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 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 has no liability whatsoever if it Cisco refuses to post your submissions or edits, restricts or removes your submissions.
g. Laws and Reporting. Users may not use the Site or Services in any manner inconsistent with applicable law or for any illegal purpose. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct 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 Site or Services is void where prohibited.
h. Payment & Taxes. Cisco is not a party to any transaction carried out between Users of the Site, and Cisco and its affiliates are not a buyer or a seller in connection with any transaction or discussion between Users. You should directly discuss the terms and conditions with other Users for information about any transaction fees or payments. The reporting and payment of any applicable taxes arising from the use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with any payment transactions.
i. Electronic Communication. We may communicate with you regarding the Services by means of electronic communications, including sending electronic mail to the email address you provided during registration. You agree that we may communicate with you by means of electronic communications the following: these terms for the Services (and revisions or amendments to the Agreement), notices or disclosures regarding the Services, order information, and any other matter relating to your use of the Services.
j. Refunds and Cancellations. You acknowledge and agree that all refunds and cancellations of transactions should be handled directly with the other User. Cisco will not be responsible for any refunds or cancellations.
k. Cisco does not claim ownership rights in Content that Users upload to the Site or transmit via the Services. 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, 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, or to promote the Site or the Services. 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.
l. Excluding User Content, the Site and the Services also contain or transmit content owned by or licensed to Cisco ("Cisco Content"). Cisco owns and retains all rights in and to the Cisco Content and the Services, including all intellectual property rights therein. Cisco hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Cisco Content 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.
3. 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. If the disputed materials were posted by a third party identifiable through reasonable efforts, Cisco will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Cisco will provide you with a copy so that you may take any other steps you may consider appropriate
4. 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. Without limiting the generality of the foregoing, you are solely responsible for all payment arrangements, credit card, bank transfer or otherwise, between you, other Users and the entity or entities providing or failing to provide the payment facilitation service or other service related to the payment arrangements. Should any payment dispute arise, you are responsible for resolving the dispute. Cisco will in no way be involved in payment transactions or the resolution of disputes arising from such payment transactions.
5. 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. The Privacy Statement describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. All information received is protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules thereunder. Additionally, you understand and agree that Cisco may contact User via e-mail or otherwise with information or surveys relevant to Service or the contents of the Site. You acknowledge and agree that information you include in a Profile is visible to other Users.
By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by Cisco in accordance with our Privacy Statement and this Agreement.
6. Additional Disclaimers.
a. Technical Errors. 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.
b. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CISCO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
c. 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.
d. 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.
e. 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 India, without regard to conflict of law provisions and you agree to exclusive jurisdiction of the courts in Mumbai.
f. Costs and Fees. Unless otherwise specified, the Site and Services are provided at no charge to User and User shall be solely responsible for any costs and expenses it incurs because of the Site or the Services. User acknowledges and agrees that Cisco may later require Users to pay a fee to continue to use the Site or Services.
g. 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 non-exclusive list of Cisco Trademarks at www.cisco.com/web/siteassets/legal/trademark.html.
h. Non-Sales Agreement. The TOU (i) applies to the use of the Services and the Site, (ii) is not an agreement for the sale, purchase or usage of Cisco products or services, and (iii) does not vary another agreement with Cisco or any Cisco affiliate relating to the sale, purchase or usage of Cisco products or services.
i. Release. You agree that Cisco shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings amongst You and other Users. If there is a dispute between participants on this site, or between Users and any third party, You understand and agree that Cisco is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You hereby release Cisco, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
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