TERMS OF SERVICE
This Agreement is a legally binding contract for the Service and is between Cisco Systems, Inc. and its wholly owned subsidiaries ((“Cisco”, “we”, “us”, or “our”) and you, the person visiting the Site or accessing and using Service, both individually and on behalf of the corporation or other legal entity you seek to bind to the terms of this Agreement ( “you”, “your”, “yours” or “yourself”). By either clicking to accept this Agreement or by accessing or using the Site, you acknowledge that you have read this Agreement and agree to be bound by its terms. If you are accepting this Agreement on behalf of a corporation or other legal entity, you further represent and warrant that you have the necessary power and authority to enter into this Agreement on behalf of such entity and bind it to these terms. If you do not agree to be bound by the terms of this Agreement, you must not click that you accept or access or use the Service.
ACCESS TO AND USE OF THE SERVICE
Description of our Service
Subject to the restrictions on use set forth in this Agreement, you may use the Service to:
- Initiate and record a video and retain such recorded video in a file, transcribe and store the output of the recording (including the audio content and any screen content associated with that recording) (collectively, the “Video Record”) that can then be searched and reviewed by you and your guests.
You may not use the Service if you are under eighteen (18) years of age. You may also not use the Service if you are outside of the jurisdiction of the United States. If you elect to use Service in connection with your employment or your work for a third party, you also represent and warrant that you have all right, authority, permission and third- party approvals necessary to allow the Service to record and process your proprietary business meeting information.
Equipment & Related Charges
You are solely responsible and liable for any bandwidth issues or hardware incompatibility that result from your access and use of the Service via your computer or mobile device. You acknowledge that third party terms and fees may apply to the use and operation of your mobile devices in connection with your access and use of the Service, such as your carrier’s fees and terms of service, and that you are solely responsible for such compliance and payment of all such fees.
You agree to comply with all applicable laws regarding the privacy of communications occurring during your recording, including informing individuals contained in your recordings that they are being recorded and, as applicable, honoring any requests by such individuals to access and control the Video Record as required by law.
CONDITIONS OF USE
You are solely responsible for the content of any recording that becomes part of the Video Record. Your recording may not contain any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes gambling or unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, spam, pyramid schemes, contests, sweepstakes, or any other form of solicitation; or (vi) in the judgment of Cisco, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Cisco or its users to any harm or liability of any type;
- violates the rights or confidentiality of your employer or any other third party;
- is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- seeks to collect email addresses or other contact information for the purpose of sending unsolicited emails or other unsolicited communications;
- solicits personal information from someone under the age of 18; or
- seeks to access or obtain any information through any means not made available or provided for through the Service.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these rules including without limitation, deleting the offending recording and terminating the Vidcast accounts of violators, or blocking one’s access and use of the Service. We do not control the video content, and do not guarantee the accuracy, integrity or quality of the Video Record.
Conditions Relating to Transmission of Content Via the Service
By accessing and using the Service, you represent and warrant that you have the right to provide us with, and for us to store, transmit, and process (as described in this Agreement), all data and information provided by you and your recording participants when you use the Service. By accessing and using the Service, you also acknowledge and agree that:
- you and your recording participants access and use of the Service are solely at your own risk;
- if your access and use of the Service involves the processing of personal data, you acknowledge that you are not located in the European Union; and
- if you access and use the Service in connection with your employment or other work for a third party, you agree to adhere to your employer’s or such third party’s policies, guidelines and procedures concerning any information you make accessible to our Service.
PROHIBITION AGAINST COMMERCIAL USE OF THE SERVICE
Unless otherwise expressly authorized by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit any portion of the Service, use of the Service or access to the Service for any commercial purposes whatsoever.
FEES & CANCELLATION
The Service is currently offered free of charge. At the conclusion of any applicable free use period for the Service, you may be asked to select a payment option for continued use of the Service.
Cisco Intellectual Property
Cisco and/or its third party licensors own all right, title, and interest in and to the Vidcast software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, names, logos, algorithms, and all other elements of the Service (collectively, the “Vidcast Materials”), including all all updates, upgrades, fixes, and any other modifications made to the Vidcast Materials and all derivative works thereof and intellectual property rights throughout the Universe therein. Cisco reserves all rights not expressly granted in these Terms of Service. You shall not acquire any right, title or interest to the Vidcast Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms of Service. Accordingly, you agree not to copy, modify, create a derivative work of, disassemble, decompile or otherwise reverse engineer any components of the Vidcast Materials, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. All goodwill generated from the use of Vidcast Materials will inure to Cisco’s exclusive benefit.
You understand and agrees that Cisco will collect aggregated and/or anonymized data related to and/or as a result of your use of the Service (“Usage Data”). Cisco will never disclose the personal, identifying information of or its users as part of its use of the Usage Data. Notwithstanding anything else to the contrary, Cisco will retain all right, title and interest in and to the Usage Data.
Your Data; Vidcast License
You own all right, title, and interest in and to your data that you or your recording participants provide directly to the Service (“Your Data”). To capture a Video Record, our Service uses proprietary software, algorithms and an artificial intelligence engine to process the recording information that you and your recording participants make accessible to the service. Accordingly, in order for us to provide the Service, you grant us a royalty-free, non-exclusive, irrevocable (for so long as your Vidcast account remains in good standing), worldwide, sublicensable license and right to: (1) record, store, process, display, modify, index, perform, create derivative analytics and outputs for your use, and transmit information and data permitted by this Agreement to sub-processors, including the Video Record in whole or in part; (2) analyze and process the Video Record for transcription purposes; (3) store, retain, make accessible, transmit, and transfer information (including your and your recording participants information) among the participants and solely as otherwise required to provide the Service to you; and (4) sublicense these rights to third parties with which Vidcast has contractual service provider relationships for the purpose of providing the Service. Other than the licenses you grant us above, we obtain no right, title or interest from you to any of your Video Record.
Limited License to You
Conditioned upon your compliance with the terms and conditions of the Agreement, you are hereby granted a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable license to access and use the Service for your personal use on a device owned or controlled by you. Subject to the Agreement, applicable law and any restrictions of your employer or other third party having any rights to the meeting information you have made accessible to the Service, you may share the Video Record generated by and delivered via the Service to your recording participants at your discretion.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by e-mail to email@example.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material in the Service, with enough detail to enable us to find it in the Service; (3) your contact information, including your name, address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Any notice to Vidcast claiming copyright infringement that does not comply with the requirements of this provision will not receive a response.
Modification of the Agreement
We reserve the right to modify and/or change any of the terms and conditions of the Agreement or any other policies appearing on the Site at any time and without prior notice. If we materially modify the Agreement, we will make reasonable efforts to notify you of the change. By continuing to use and access any part of the Service after we have posted a modification of the Terms of Service, you agree to be bound by the modified Terms of Service. If the modified Terms Service are not acceptable to you, your only recourse is to discontinue the use of and access to the Service. The Terms of Service will also govern any upgrades and/or updates provided by us that upgrade and/or supplement the Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
TERM AND TERMINATION
The Agreement begins on the date you accept it or the date you start using the Service and will remain in effect until terminated.
If you are using the Service free of charge, you may terminate the Agreement by simply discontinuing your use of all parts of the Service at any time.
We may terminate your access to and use of the Service and/or the Agreement, and block, remove or discard Your Data at any time for any reason.
Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Agreement without liability to the other immediately on giving written notice to the other if the other party materially breaches the Agreement and does not cure such breach within thirty (30) days of written notice thereof. Notwithstanding the foregoing, we may immediately terminate the Agreement and your license to access and use the Service if you breach any of the conditions of use set forth in these Terms of Service.
Upon any termination of the Agreement, all rights and licenses granted to you hereunder will immediately terminate.
The sections of these Terms of Service entitled “Intellectual Property Rights & Licenses”, “Term and Termination”, “Warranty Disclaimer” and “Limitation of Liability”, “Indemnification and Release”, “Dispute Resolution” and “Miscellaneous” shall survive any termination of the Agreement.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CISCO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. CISCO EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO (1) THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY MEETING INFORMATION OR FEATURES MADE AVAILABLE THROUGH THE SERVICE, (2) THE QUALITY OR CONSISTENCY OF THE SERVICE, (3) THE SERVICE BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL CISCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES; LOSS OR CORRUPTION OF DATA OR INTERRUPTION OR LOSS OF BUSINESS; OR LOSS OF REVENUES, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE AND ANY RECORDING INFORMATION AVAILABLE THEREON; (2) AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR VIDEO RECORDS; OR (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING YOUR RECORDING PARTICIPANTS) ON THE SERVICE; OR (4) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE. IN NO EVENT WILL CISCO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN WARRANTY, CONTRACTTORT, OR INFRINGEMENT, EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE IN THE LAST SIX (6) MONTHS, OR, IF GREATER. ONE HUNDRED DOLLARS ($100.00).
To the maximum extent permitted by law, you agree to release, defend, indemnify and hold Cisco and its affiliates, officers, directors, employees, agents, and licensors, harmless from all claims, suits, losses, liability, costs or expenses (including reasonable attorney’s fees) arising from or incurred as a result of your access to and use of the Service and any meeting content, any breach by you of the Agreement, or your violation of any rights of another.
By using the Site and accessing or using the Service, you agree that the laws of the State of California, without regard to conflicts of laws rules or the United Nations Convention for the International Sale of Goods., will govern the Agreement. Jurisdiction and venue shall be in the Superior Court of California, County of Santa Clara and/or the Federal Courts of the Northern District of California. Each party consents and submits to the exclusive jurisdiction of such courts.
LINKS TO THIRD PARTY WEB SITES
Throughout the Site, we may provide links to web sites maintained by third parties. Our linking to such third-party web sites does not imply an endorsement, guarantee, approval or sponsorship of such web sites, or the information, products or services offered on or through such web sites. Additionally, Cisco does not warrant that these web sites will not contain viruses or otherwise impact your computer or mobile device. In addition, we do not operate or control any information, products or services that third parties may provide on or through the web sites linked to by us on the Site. You should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
CONTACTING US AND VIOLATIONS OF THE AGREEMENT
(2) The section titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance.
(3) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
(4) If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unlawful, void or unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.
(6) You may not assign your rights under the Agreement to any party without Cisco’s written consent.
(7) Cisco may assign its rights under the Agreement, in whole or in part, at any time without notice to you.
Published on 7/29/2021
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