Terms of Use

Document created by hausmus Employee on Feb 24, 2016Last modified by hausmus Employee on May 23, 2016
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PLEASE READ THIS CIENA COMMUNITY AGREEMENT (“AGREEMENT”) CAREFULLY.  PRESSING “I AGREE” CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.  BY PRESSING “I AGREE” YOU ARE BINDING YOURSELF (“YOU”, “YOURS” OR “USERS”) TO THIS AGREEMENT WITH CIENA COMMUNICATIONS INC. (“CIENA”).  IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” OR OTHERWISE ACCESS THE CIENA COMMUNITY.  YOU ACKNOWLEDGE THAT CIENA MY TERMINATE YOUR ACESS TO THE CIENA COMMUNITY AT ANY TIME IN ITS SOLE DISCRETION. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO AND ABIDE BY THIS AGREEMENT AND AUTHORITY TO BIND THE COMPANY YOU WORK FOR.

 

1. Background and Description

The Ciena Community (the “Site”) is a Ciena web site that provides customers, partners and industry experts and thought leaders with a variety of resources, including discussion forums, blogs, online events, electronic messaging, blogs, wikis or other collaborative features that are available for discussions on business or technical issues (collectively “Services”).  The Services may also include applications, utilities, source samples, software developer kits, and technical documentation, in addition to updates, enhancements and new features. Users of the Site and Services must cooperate fully and meet each other’s expectations for appropriate behavior. Ciena may modify, enhance, restrict or terminate the Services in its discretion at any time and without notice.

 

2. Eligibility

The Site and the Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Ciena for any reason. You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You have the right, authority and capacity to agree to and abide by this Agreement and authority to bind the company you work for; (c) You are 18 years or older; and (d) Your use of the Services does not and will not violate any applicable law or regulation.  Your Profile may be deleted and Your access to the Services may be terminated without warning if Ciena suspects that You are underage.

 

3. 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.

  1. Amendments/Other Terms. Ciena may change or supplement the terms of this Agreement from time to time at its sole discretion. Ciena will exercise commercially reasonable efforts to provide notice of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding.  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 the expiration of such three-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services or access other features of the Services, You may be required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.  In the event of any conflict between such additional terms and this Agreement, the additional terms control.
  2. Member Account and Security. If any portion of the website requires You to open an account, You agree that the information You include in Your user profile will be accurate and not misleading. You are solely responsible for maintaining the confidentiality of Your account, registration and password information, and for all uses of this information, whether or not authorized by You. You agree not to use the account, username, or password of another user at any time or to disclose Your password to any third party. Ciena will not be liable for any harm caused by, or related to, the theft or misappropriation of Your user name or password, disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password. You agree to notify Ciena immediately of any unauthorized use of Your account or of any breach in security.
  3. Monitoring.  Nothing in this Agreement shall require Ciena to monitor or edit the Site. If at any time Ciena chooses, in its sole discretion, to monitor or edit the Site, Ciena 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. Ciena does not endorse and has no control over User conduct or what Users post or submit to the Site. Ciena 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 Ciena has no liability whatsoever if Ciena refuses to post Your submissions or edits, restricts or removes Your submissions.
  4. 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. Ciena reserves the right to investigate and take appropriate action against anyone who, in Ciena'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.
  5. Use of Services; Prohibited Content and Conduct.  In providing this Site and Services, Ciena intends to maintain an informative and valuable service that meets the needs of its users and is free from verbal abuse, violations of privacy and other harmful activities. Although Ciena welcomes Your participation, Ciena reserves the right to investigate and take appropriate action, including any legal action, against anyone who, in Ciena's sole discretion, violates this provision.  When visiting the Site and/or using the Services for any purpose, You may not:
    • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy or publicity) of others;
    • Post any content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable in Ciena's sole discretion; Transmit "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming,"or "spamming"
    • Upload, or otherwise make available any content that is protected by intellectual property laws, including, without limitation, copyright, patent, trademark, trade secret, moral right, proprietary rights or rights of publicity or privacy unless You own or have obtained all necessary rights;
    • Upload, post, or otherwise make available any 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); Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer programming routine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
    • Attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Ciena server or to any of the Services, through hacking, password mining or any other means;
    • Solicit or attempt to solicit personal information from anyone under 18, or collect or attempt to collect passwords or personal identifying information for commercial or unlawful purposes from other users; Create a false identity for the purpose of misleading others;
    • Prevent, restrict or inhibit any other user from using and participating in the Services; Further or promote any criminal activity or enterprise;
    • Engage in any activity that involves commercial activities and/or sales without Ciena's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
    • Post any other content that, in Ciena’s sole discretion, undermines the purpose of the Site or otherwise reflects unfavorably upon Ciena, its partners, affiliates or customers.

 

Other Users may violate one or more of the above prohibitions, but Ciena assumes no responsibility or liability. Under no circumstances will Ciena be liable in any way for User conduct, data or other content on the Site or transmitted via the Services or any loss or damage of any kind incurred as a result of the use of, access or denial of access to any data or content. If You become aware of misuse of the Site or Services by any person, please contact community@ciena.com.  Ciena may investigate 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 content or terminating accounts and/or Profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. If at any time You are not happy with the Site or the Services, User conduct or any material on the Site, Your sole remedy is to cease using the Site or the Services.

 

4.  Privacy, Confidentiality and Collection of Personal Information

Use of the Site or Services is also governed by our privacy policy which is incorporated into this Agreement by this reference.  Additionally, You understand and agree that Ciena may contact You via e-mail or other contact information provided in Your registration, with information related to Your use of the Site or Services. You also agree to have Your name, Profile name or other identifying information listed in the header of certain communications You initiate through the Services.

 

5. Competitive Use

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 Ciena's sole and absolute discretion, compete with the products, services, solutions or technologies of Ciena.

 

6. Ownership/Licenses

Ciena does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that Users upload to the Site or transmit via the Services ("User Content"). However, by uploading User Content to the Site, transmitting User Content using the Services or otherwise providing User Content to Ciena, You grant to Ciena a world-wide, royalty-free, sub-licensable (so Ciena affiliates, contractors or vendors can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the User Content. Ciena 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 User Content for such User's personal use, including support of Ciena products,  or otherwise in connection with use of the Site and/or Services.

 

The Site and the Services also contain content owned by or licensed to Ciena ("Ciena Content"). Ciena owns and retains all rights in the Ciena Content and the Services, including all intellectual property rights. Ciena hereby grants You a limited, revocable, non-sub-licensable license to reproduce and display the Ciena Content (excluding any software code, API, or SDKs) 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 Ciena or any third party. All licenses not expressly granted by Ciena are reserved.

 

Any SDKs, APIs or software and any accompanying documentation You download from the Site ("Software") will be subject to the terms and conditions that accompany such Software, a separate software license agreement between You and Ciena or Ciena’s standard end user license agreement for such Software. You must read the license agreement and indicate Your agreement to its terms prior to downloading, installing or using such Software.

Everything hosted on this Site, with the exception of User Content, is owned by Ciena or its licensors, suppliers or partners. All rights to the contents on this Site are reserved. You may not reproduce any portion of the contents of this Site without Ciena's prior written consent.

 

7. Links to Third Party Sites

This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the user's own risk and Ciena is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Ciena or Users on the Site may provide these links merely as a convenience and the inclusion of such links does not imply an endorsement.

 

User Content and other information provided by Ciena or Users on the Site may include open source software or links to information from open source communities.  This information is licensed under the specific license terms applicable to such software.

 

8. Feedback

Ciena is not actively seeking Feedback on the Site. However, by submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Ciena, You acknowledge and agree that: i) Your Feedback does not contain confidential or proprietary information; ii) Ciena is under no obligation of confidentiality, express or implied, with respect to the Feedback; iii) Ciena shall be entitled to use or disclose such Feedback for any purpose, in any way, in any media, worldwide; iv) Ciena may already be developing something similar to the Feedback; v) Your Feedback becomes the property of Ciena without any obligation to You; and vi) You are not entitled to any compensation for such Feedback.

 

9. Termination

Ciena, in its sole discretion, may immediately suspend or terminate Your access to the Site if You violate or otherwise fail to comply with the terms and conditions of this Agreement. Upon doing so, Ciena may retain or delete, in its sole discretion, any information or content which You provided on the Site. In addition, Ciena may cease to provide and maintain the Site at any time, for any reason.

 

10. Disclaimers

  1. Technical Errors. Ciena 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. Ciena 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.
  2. "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CIENA SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICES, FROM ANY USER CONTENT OR CIENA CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE, SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND CIENA EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  CIENA DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. CIENA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES.  USE SITE AND OR SERVICES AT YOUR OWN RISK.

 

11. Indemnity

You agree to defend, indemnify and hold Ciena, 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 applicable law; (iii) Your User Content; or (iv) any use of Ciena Content.

 

12. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CIENA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, 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 CIENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

13. 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 of such proprietary rights. Ciena 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 Ciena by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if You believe that Your work has been infringed, please contact Ciena at community@ciena.com and provide 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 located on the Site, or other appropriate information sufficient for its location and removal; (iv) Your address, telephone number, and e-mail address; (v) a 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; and (vi) a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

 

14. Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Ciena or its licensors. Users are not permitted to use these Marks without the prior written consent of Ciena or the third party which may own the Mark.

 

15. Costs and Fees

Site registration is presently at no charge to Users. You acknowledge and agree that Ciena may later require Users to pay a fee to continue to use the Site. In its sole discretion, Ciena may offer certain Services for a fee.

 

16. Disputes

You are solely responsible for Your interactions with other Users. Ciena reserves the right, but has no obligation, to monitor disputes between You and other Users.  This Agreement and 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 New York, 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 New York.   If any provision of these terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Ciena’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

 

17. Entire Agreement

This Agreement constitutes the entire agreement between You and Ciena regarding the use of the Services and the Site. The failure of Ciena 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.

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