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WebEx Pass The Ball


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Terms & Conditions


PLEASE READ THIS WEBEX PASS THE BALL WEBSITE Agreement (the “Agreement”) CAREFULLY. PRESSING “I AGREE” AT THE END OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. BY PRESSING “I AGREE” YOU ARE BINDING YOURSELF (COLLECTIVELY, “YOU” OR “USER”) TO THIS AGREEMENT WITH WEBEX COMMUNICATIONS, INC AND ITS AFFILIATED COMPANIES (“WE” or “WEBEX”). IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” OR OTHERWISE ACCESS WWW.PASSTHEBALL.COM.

1. Background. The Pass the Ball Web Site (the “Site”) is a web site developed by or for WebEx. The Site provides a forum for Users to post ideas, suggestions, or feedback (“Ideas”) on a variety of pre-determined categories; Users may also comment on or rate Ideas posted by other Users (collectively the “Services”). To participate in the Services, Users must create personal profiles (each, a “Profile”) that can be searched and viewed by other Users. The Services also enable chat, electronic messaging, survey tools, blogs, wikis or other collaborative tools that WebEx elects to make available in its discretion. WebEx 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.

a. Amendments/Other Terms. WebEx may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. WebEx 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.

b. Posting Content. Much of the information on the Site is posted by Users. Please choose carefully the information you post, either in a Profile or elsewhere on the Site. 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 WebEx’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 WebEx’s sole discretion, undermines the purpose of the Site or otherwise reflects unfavorably upon WebEx, its partners, affiliates or customers.

Be advised that other Users may violate one or more of the above prohibitions, but WebEx assumes no responsibility or liability. If you become aware of misuse of the Site or Services by any person, please contact abuse@webex.com. WebEx 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, 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 WebEx 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 WebEx to monitor or edit the Site for objectionable or infringing materials. If at any time WebEx chooses, in its sole discretion, to monitor or edit the Site, WebEx 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. WebEx does not endorse and has no control over what Users post or submit to the Site. WebEx 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 WebEx has no liability whatsoever if it WebEx refuses to post your submissions or edits, restricts or removes your submissions.

d. 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. WebEx reserves the right to investigate and take appropriate action against anyone who, in WebEx’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. Use of the Services is void where prohibited.   You represent and warrant that all registration information you submit is truthful and accurate. You also represent that, if you reside in the United States, you are age 13 or older, or if you live elsewhere, you are at least 14 years or older.  The Site and the Services are not available to minors under the age of 13 or to any users suspended or removed from the system by WebEx for any reason. Your Profile may be deleted and your access may be terminated without warning if we believe that you are underage.

4. Profile. When you register, you will also be asked to choose a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the username or password of another User at any time or to disclose your password to any third party. You agree to notify WebEx immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your login information (username and/or password). Your Profile may also include a picture. You give WebEx permission to use your user name and profile picture in connection with any content you post or upload to the Site.

5. Non-Commercial/Competitive Use. You may not trade, sell or otherwise transfer your account to any other person without WebEx’s written consent. 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 WebEx’s sole and absolute discretion, compete with the products, services, solutions or technologies of WebEx or its affiliated companies. The Services are for the personal and non-commercial use of Users only.  Illegal and/or unauthorized use of the Services, including without limitation collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, endorsements and other forms of solicitation may be removed from the Site without notice and may result in the loss of your privileges to use the Services. 

6. Ownership /Licenses

a. WebEx does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship, Ideas (as defined herein) 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 WebEx, you grant to WebEx a world-wide, royalty-free, sublicensable (so WebEx affiliates or contractors can deliver the Services) 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. WebEx 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.

b. The Site and the Services also contain content owned by or licensed to WebEx or its affiliates ("WebEx Content"). WebEx owns and retains all rights in the WebEx Content and the Services, including all intellectual property rights. WebEx hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WebEx 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 WebEx or any third party. All licenses not expressly granted by WebEx are reserved.

7. 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. WebEx 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. WebEx’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.

8. Contest Rules. WebEx would like to reward top-rated Ideas with a one year subscription to WebEx MeetingsPlus. Dates. This promotion begins May 19, 2009 and ends November 18, 2009 (“Promotion Period”) Eligibility. All Site Users who are 13 or older and legal residents of US & DC, Canada (excluding Quebec), UK, Germany and France are eligible to participate with the following exceptions: Employees and internally vendored contractors of WebEx and its parents, subsidiaries, agents, promotion partners, and affiliates and their respective immediate families and household members are not eligible to participate. Employees and internally vendored contractors of governments, government-affiliated companies or organizations are not eligible to participate. Current WebEx subscribers may participate in all aspects of the Site, but are not eligible to win prizes. The Contest is void where otherwise prohibited or restricted by law. Participation. Users may participate by submitting an Idea on the Site where other Users will have an opportunity to view, comment on and rate the Ideas. Each week, the top five rated Ideas registered in one of ten (10) categories will have an opportunity to present their Idea to a community forum. A community forum will be held each week to discuss Ideas submitted in one category, so Your Idea will only be eligible for a community forum during the week your category is discussed. A community forum consists of Site Users who choose to attend, the presenters and a Cisco panel. At the end of each weekly community forum, attendees will be polled to choose the best idea. (“Community Score”). The Idea must be the original and independent creation of the User and must not have been entered in any other Promotion or previously published. By entering the contest, You represent and warrant that the Idea does not infringe any copyright, other intellectual property right, or the rights of privacy or publicity or any other right(s) of any third party, otherwise meets the terms and conditions set forth in Section 7 and is subject to the license grant in Section 6 of this Agreement. Also You acknowledge that WebEx may currently or in the future be developing information internally, or receiving information from other parties, that is similar to your Idea. Accordingly, nothing herein shall prohibit WebEx from independently acquiring, developing, or having developed for it, products, concepts, systems, or techniques that are similar to or compete with the themes, concepts, or other formats contemplated by or embodied in your Idea. Judging Criteria: At the conclusion of each community forum, the Ideas will be judged according to the following criteria: 1) Community Score (40%); Cisco Panel Score (60%). Cisco Panel score will based on a composite score (assigned between 1- 100) using the following criteria weighted equally: 1) overall merit and feasibility of the Idea: 2) perceived inspirational value to the community; and 3) originality. Prize. During the Promotion Period each weekly winner will receive one 12 month subscription to WebEx MeetingsPlus. ARV: $708. The potential Winners will be notified by mail, e-mail or telephone (at Sponsor’s discretion using the information provided at registration) within five (5) business days of the date of the Community forum. If potential winner cannot be reached within ten (10) business days via the contact information provided, or if the prize winner notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate potential winner will be selected. The prize is not assignable or transferable in whole or in part. No cash or prize substitutions allowed, in whole or in part, except the Sponsor reserves the right to substitute a prize of comparable value. Taxes. Winner is solely responsible for any local, state or federal taxes, and any other taxes, costs, expenses and fees connected with the prize. Prizes won by a minor will be awarded to and in the name of their parent/adult legal guardian who is responsible for any and all applicable taxes, costs, expenses and fees relating to their child’s prize. . Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest and these Official Rules by posting a notification on the Site. WebEx has the right to verify eligibility and compliance with these Official Rules, and to disqualify any User on the basis of its investigation. Entry is conditioned on providing the date required on the online registration form. Sponsor reserves the immediate right to disqualify any Entrant who, in Sponsor’s sole discretion: (i) is not in compliance with these Official Rules, (ii) tampers with the the Contest, or the Website; or (iii) is acting in an uncooperative, unsportsmanlike, or disruptive manner. No cash or other substitutions in whole or in part are permitted except at the discretion of Cisco who reserves the right to substitute a prize of comparable or greater value if the prize is or becomes unavailable or cannot be awarded for any reason. Prizes must be accepted as awarded and are non-assignable and non-transferable in whole or in part. Check the Site for the winner’s list

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

10. Privacy. Use of the Site and Services is also subject to our Privacy Statement, located at http://www.WebEx.com/web/siteassets/legal/privacy.html which is incorporated into this Agreement by this reference. Additionally, you understand and agree that WebEx 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. Please note, Cisco's advises users between the ages of 13 and 18 to consult with their parents prior to providing Personal Data.

11. Additional Disclaimers.

a. Third Party Content. The Site may contain links to other websites. WebEx is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by WebEx. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by WebEx. When you access these third-party sites, you do so at your own risk.

b. Technical Errors. WebEx 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. WebEx 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.

c. “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, WEBEX 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 WEBEX EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEBEX DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WEBEX CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE IS AT YOUR OWN RISK.

12. Indemnity. You agree to defend, indemnify and hold WebEx, 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.

13. Limitation on Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL WEBEX 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 WEBEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEBEX’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.

14. 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.

15. Costs and Fees. The Program is 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. You acknowledge and agree that WebEx may later require Users to pay a fee to continue to use the Services or to use the Web Site.

16. Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of WebEx 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 WebEx Trademarks at http://www.WebEx.com/web/siteassets/legal/trademark.htm.

17. General. This Agreement constitutes the entire agreement between you and WebEx regarding the use of the Services and the Site. The failure of WebEx 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.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.