THESE TERMS OF USE ("TERMS OF USE") REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND CISCO SYSTEMS, INC. AND/OR ITS AFFILIATES ("CISCO," "WE", "OUR", OR "US") RELATING TO YOUR ACCESS AND/OR USE OF CISCO WEB SITES INCLUDING THE WEBSITES LOCATED AT HTTP://WWW.THEFLIP.COM, HTTP://WWW.FLIPSHARE.COM, AND HTTP://WWW.FLIPVIDEOSPOTLIGHT.COM AND/OR OF ANY FLIP-BRANDED CISCO SERVICES (COLLECTIVELY THE "SERVICES").
YOUR USE OF ANY SERVICES IS GOVERNED BY THESE TERMS OF USE, OUR PRIVACY POLICY, OUR COPYRIGHT POLICY AND OUR PURCHASE AND REFUND POLICY (AS APPLICABLE) (COLLECTIVELY "THE AGREEMENT"). PLEASE REVIEW ALL OF THESE CAREFULLY BEFORE COMPLETING ANY APPLICABLE REGISTRATION PROCESS AND/OR USING ANY SERVICE. THE AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY CHECKING AN "I ACCEPT" CHECKBOX AND/OR USING ANY SERVICE, YOU AGREE THAT YOU ACCEPT AND ARE BOUND BY THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT, THEN DO NOT CLICK ON THE "I ACCEPT" BUTTON AND/OR DO NOT USE THE SERVICE.
IF YOU DOWNLOAD AND INSTALL SOFTWARE PROVIDED BY CISCO OR ANY OF ITS AFFILIATES, YOU ARE ALSO SUBJECT TO THE END USER LICENSE AGREEMENT ASSOCIATED WITH THAT SOFTWARE.
1. INTRODUCTION
Availability of Services. Cisco reserves the right to offer any product or Service in some countries but not in others. Please visit your local website for details of any Services we offer in your country.
Changes and Modifications. Cisco reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement, at any time. Such changes will become effective thirty (30) days after they have been posted to this site or Cisco has otherwise notified you of the change. Though Cisco may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version which is always available from a link on our homepage. Your continued use of any Services following the posting of changes will mean that you accept and agree to the changes.
Right to use Services. As long as you comply with this Agreement, Cisco grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Services as they are intended to be used and in accordance with this Agreement and all applicable laws and regulations. We grant you no other rights, implied or otherwise.
Links To Other Sites. The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Cisco’s control, and Cisco is not responsible or liable for and does not endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. DESCRIPTION OF SERVICES
General Description. The Services include a number of tools that help you get information on The Flip Video camcorder and other related Cisco products, personalize your Flip Video camcorder and share that personalized design with others, purchase your own Flip Video camcorder (for users in some countries), and to share video you capture via DVD or over the internet. Some Services also make it possible for you to turn your best designs into income by allowing your design to be featured on the Services and sold to other customers. Feel like doing some good? With our Flip Video Spotlight Program and Flip for Good program, your designs can even help raise money and make Flip Video camcorders available for charities that are partnered with Cisco.
Adults Only. The Services are intended for adults only. You must be 18 years of age or older or, if the age of majority in your country, state or province where you habitually reside is greater than 18 years, you must have attained that age to use this site, purchase a Flip Video camcorder or DVD from the site, create a user account with Cisco, and engage in any of the programs offered by Cisco. Cisco will never knowingly solicit nor will it accept personally identifiable information from users who admit to be under thirteen (13) years of age. Please see our privacy policy for additional information or for how to notify us of any concerns in this regard.
3. CONDITIONS OF USE AND USER CONDUCT
As a condition of your use of any Service, you agree to the following:
- You agree that your use of the Services in accordance with the terms and conditions of this Agreement is permitted under the applicable laws of the country where you use the Service and that you will use the Service in accordance with those laws.
- You acknowledge that the Services are for personal use only. Except as described in the Flip Video design sharing through CafePress.com program (described in section 4 below), you agree that you will not use the Services for any commercial or professional purposes.
- Certain features of the Services permit or require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Cisco immediately of any unauthorized use of your account or password, or any other breach of security.
- You must ensure that any details we ask you to provide to us in connection with a Service remain accurate at all times.
- You must not use the Services to harass, threaten, impersonate, or intimidate anyone.
- You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates an individual’s publicity or privacy rights.
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
- You must not upload, download, transmit or otherwise make available any code or material that harms or interferes (or has the potential to harm or interfere) with any device, software or service (including any Services).
- You must not perform or attempt to perform any activity that harms or interferes with any part of any public or private network or service (including any Services).
- You must not violate or breach any applicable law or regulation in your jurisdiction (including but not limited to laws governing intellectual property rights, online conduct or online content).
- You must not commit (or conspire to commit) any criminal offense or otherwise use the Services for any illegal or unauthorized purpose.
- You must not cause (or allow to be caused) any event which gives rise to any civil liability of any kind.
Please note that while Cisco or its affiliates are not responsible for any content or data that you choose to share, transmit, download, access or otherwise use in connection with the Services, we reserve the right to take such action as we (i) deem necessary or (ii) are otherwise required to take by a third party or court of competent jurisdiction, in each case in relation to your access or use of such content or data. Such action may include, without limitation, discontinuing your use of any Service immediately and without refund or compensation to you.
4. FLIP VIDEO SPOTLIGHT, FLIP FOR GOOD, AND DESIGN-SHARING THROUGH CAFEPRESS.COM
4.1 Flip Video Spotlight Terms of Purchase
The Flip Video Spotlight Terms of Purchase govern applicable purchases on flipvideospotlight.com under the Flip Video Spotlight Program. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Cisco’s product warranties. Your placement of an order at flipvideospotlight.com constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order. The Flip Video Spotlight Terms of Purchase must be read in conjunction with these Terms of Use and are incorporated into the Agreement.
4.2 Flip Video Spotlight and Flip for Good Participants
After placing an order for a custom-designed Flip Video camcorder, you may elect to donate your custom design to the Flip Video Spotlight Program which will use the sales commissions from your design to provide free camcorders to nonprofit and/or charitable organizations. Designs may be made available in this way by selecting the “earn money for charity” link following the placement of your order. If your design is accepted, it will populate in the Flip For Good section of www.theflip.com. Cisco will then donate a Flip Video camcorder to a charity or nonprofit organization of its choosing for each seven (7) Flip Video camcorders sold bearing a Flip for Good design. Designs are approved for the Flip for Good program at Cisco’ sole discretion.
4.3 Design-Sharing Program Participants
After placing an order for a designed Flip Video camcorder, you may elect to make your custom design available for sale to others and you may receive a small fee each time a Flip Video camcorder featuring your design is sold. Designs may be made available in this way through our partners at CafePress.com by selecting the “earn money from your design” link following the placement of your order. You will be required to register as a CafePress.com user in order to share your design in this way, and will be required to agree to CafePress.com’s own terms of service. (For more information regarding Linked Sites, such as CafePress.com, please consult the section above under “Introduction” that discusses “Links To Other Sites.”) Designs shared through CafePress.com may also be selected by Cisco for inclusion at its own www.theflip.com store, allowing you to earn income when orders for Flip Video camcorders customized with your design are placed from that site as well. Designs may be selected for inclusion, or removal, from the www.theflip.com store at Cisco’s sole discretion.
4.4 Cisco and Your Shared Design
If you participate in the Flip Video Spotlight, Flip for Good, or Design Sharing programs, Cisco may also choose your design for use on future products. If your design is chosen, sales are processed on the same terms outlined above (whether that sale triggers a donation, or a $10 payment to you) for each sale that Cisco makes of a product featuring your design.
In no event shall Cisco be required to provide you with information regarding the sales of Flip Video camcorders bearing your custom design including, but not limited to, the number of units sold bearing that design.
You agree to hold Cisco harmless in the event that network, computer system, transmission, or other errors cause your shared design to be improperly processed.
5. CONTENT SHARING
Some Services may allow you to upload, transmit, publish and disseminate designs, video, audio, images or other content (“User Content”) for the purposes of creating your own personalized Flip Video camcorder(s), sharing such content through the Services (and through third-party sites) and, in some cases, permitting the use of your User Content by others on their personalized Flip Video camcorder(s) through the Flip Video Spotlight program and the Design Sharing Program.
When you use User Content on or through the Services, you retain ownership of any copyright you claim to your User Content. You also represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Services (and in addition to the requirements set out in section 3 above), (a) you have all the rights, licenses and permissions from third parties which are necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Services and in accordance with the terms of the Agreement (and to grant to Cisco the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish and/or disseminate their name and/or likeness through the Services.
By submitting User Content as set forth above, you hereby do and shall grant to Cisco and its affiliates (and its successors, assigns, third-party service providers (e.g. contract manufacturers), distributors, VARs, OEMs, resellers and other channel partners) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the content on and in connection with the manufacture, sale, promotion, marketing and distribution of products sold on, or in association with, the Services or with any of the distributors of products sold in association with the Services, and in any medium and by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of the Services a non-exclusive license to access and view your content through the Services, and to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, publicly perform, or publicly perform by means of a digital audio transmission such content as permitted through the functionality of the Services and the products sold therein (and through its other distributors). You hereby waive any moral rights you might have with respect to User Content you provide.
While Cisco makes User Content shared by users available according to the user’s sharing wishes, by using the Services, you acknowledge and agree that Cisco does not guarantee access to and hosting of your User Content that is shared via the Services. For example, if User Content violates the terms of the Agreement, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Services, it may result in access to the content being temporarily or permanently disabled.
6. COPYRIGHT POLICY REGARDING THIRD PARTIES
If you believe that Cisco, or any user of the Services, has violated a copyright you claim in your work, please contact us at DMCAagent@cisco.com and review our copyright policy for more details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.
7. CISCO’S INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Cisco Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Cisco Content, contained on the Services is owned, controlled, or licensed by or to Cisco, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no Cisco Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Cisco’s express prior written consent.
8. TERMINATION
You agree that Cisco may, at its sole discretion, without prior notice and without liability to Cisco, terminate your access to any Services and/or block your future access to any Services and/or withdraw any User Content if (a) we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of any Services or (b) we are required to do so by any court of competent jurisdiction or government authority in any country.
You also agree that Cisco may, at its sole discretion, immediately modify, suspend or discontinue any Service at any time without liability to Cisco. In such cases and where we are able to do this, we will use reasonable efforts to give you prior notice of any modification, suspension or discontinuation of a Service.
Please note that it is Cisco’s policy to terminate the account of users who violate the copyrights of third parties.
You agree that Cisco will not be liable to you or to any third party for any suspension or termination of your access to the Services as a result of any violation of this Agreement.
Upon termination of the Agreement, your right to use any Service shall cease immediately and you will lose any and all rights to the Service granted to you.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CISCO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, WE DO NOT WARRANT THAT THE SERVICE, SYSTEM(S) OR NETWORK(S) ON WHICH (OR THROUGH WHICH) THE SERVICE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT OR OTHER DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH A SERVICE AND THAT MAY RESIDE ON YOUR SYSTEM.
ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL.
NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CISCO OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS OR WARRANTIES INCLUDING, FOR EXAMPLE, THE EXCLUSION OF WARRANTIES OF REASONABLE SKILL AND CARE. ACCORDINGLY, ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES IN SUCH INSTANCES, CISCO’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. EXCLUSIONS AND LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CISCO AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, THE LOSS OF OR DAMAGE TO ANY USER CONTENT), LOST REVENUE, INCOME OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD-PARTY PRODUCTS, SOFTWARE OR SERVICES OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES ABOVE TO “SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (ii) WERE KNOWN TO YOU BUT NOT TO US AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, LOSS OF OR DAMAGE TO YOUR DATA OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE.
YOU SPECIFICALLY ACKNOWLEDGE THAT CISCO AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU AND/OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES INCLUDING, FOR EXAMPLE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, CISCO’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
You will indemnify and hold Cisco and/or any of our affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Cisco and/or any of our affiliates in connection with any claim arising out of your breach of the Agreement. Cisco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. GENERAL TERMS
Headings. The section and sub-section headings used in the Agreement are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
Entire Agreement. This Agreement is the whole legal agreement between you and Cisco. It governs your use of the Services and completely replaces any prior agreements between you and Cisco with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase other services or products from Cisco and affiliated services.
Governing Law. If your habitual residence is in a country in the Americas or if you live in a country where Cisco does not market or promote the Services, the validity, interpretation, and performance of the Agreement shall be governed by and construed under the laws of the State of California and the State and federal courts of California shall have exclusive jurisdiction over any claim howsoever arising under or in connection with the Agreement. If your habitual residence is in a country in the European Economic Area and we market or promote the Services in that country the validity, interpretation, and performance of the Agreement shall be governed by and construed under the laws of that country and the courts of that country shall have exclusive jurisdiction over any claim howsoever arising under or in connection with the Agreement. If your habitual residence is in a country in the region commonly known as Asia Pacific and we market or promote the Services in that country, the validity, interpretation, and performance of the Agreement shall be governed by and construed under the laws of that country and the courts of that country shall have exclusive jurisdiction over any claim howsoever arising under or in connection with the Agreement.
Export Control Laws. You hereby acknowledge that the Services and technology ("Services and Technology"), provided by Cisco are subject to export controls under the laws and regulations of the United States (U.S.). You agree to comply with such laws and regulations governing use, export, re-export, and transfer of our Services and Technology and will obtain all required U.S. and local authorizations, permits, or licenses.
Dispute Resolution. In the event of any controversy or dispute between Cisco and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Cisco does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Cisco may assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices. Cisco may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Services. Cisco’s mailing address is 121 Theory, Irvine, California 92617, USA. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at terms@theflip.com or at our mailing address.
Third Party Beneficiaries. Each affiliate of Cisco is an intended third-party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them.
If you want to contact Us regarding support for any Service where you live and/or to find out which countries we support, please visit http://www.theflip.com.