- THE SITE These Terms apply to all users of the Site.
- SITE USAGE The term “Site Information” means all information, text, pictures, sound, graphics, video, data and other content provided by Ruckus, its licensors and other third parties that is displayed on the Site. You are authorized to access and use the Site and related Site Information as set forth in these Terms, provided that: (i) your use of the Site and Site Information as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media without Ruckus’s prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of these Terms.
- LEGAL NOTICES We post legal notices on pages of the Site, which may not be removed even on any permitted copy. You shall not remove these notices, or any additional information contained along with the notices. The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of Ruckus or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of Ruckus is granted to or conferred upon you.
- USER-GENERATED CONTENT The Site may now or in the future permit you and other users to submit content to the Site, such as comments, blogs, surveys, questionnaires, calls to action and other materials (“User-Generated Content”), and may also permit the hosting, sharing and/or publishing of such User-Generated Content. You agree and acknowledge that without regard to whether such content is published, Ruckus does not guarantee any confidentiality with respect to any User-Generated Content. You shall be solely responsible for any User-Generated Content you submit and the consequences of posting or publishing such. Any material, information or idea you submit or post on this website will be considered non-confidential and non-proprietary. As between you and Ruckus, you shall retain all of your ownership rights in and to the User-Generated Content. However, by submitting User-Generated Content to Ruckus, you hereby grant Ruckus a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the User-Generated Content, in whole or in part, including future rights that Ruckus (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your User-Generated Content through the Site, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User-Generated Content, in whole or in part, to the extent permitted by the Site under these Terms. Ruckus will have the right to refuse, remove or delete any User-Generated Content that it reasonably considers to violate this Terms or to otherwise be illegal or objectionable.
- ACCEPTABLE USE POLICY With respect to any User-Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party Intellectual Property Rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Ruckus all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Ruckus, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other users. You will not use the Site or any of the Site Information in any way that is unlawful or harms Ruckus or any user of Ruckus. You may not use the Site in any manner that could overburden, or impair any Ruckus Site (or the networks or systems connected to any Ruckus Site) You may not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
- DMCA NOTICE
Ruckus.com respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Ruckus.com and/or others.
If you are a copyright owner or an agent thereof and believe any Site Information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- INDEMNITY You agree to indemnify and hold Ruckus and its agents and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of, your violation of these Terms, your violation of any rights of another, or your use of the Site, including any User-Generated Content or other information you submit, post to or transmit through the Site
- SECURITY You shall not violate or attempt to violate the security of the Site. Violations of our system or network security may result in civil or criminal liability. Ruckus reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
- COMMUNICATIONS With respect to any communications, feedback, questions, comments, suggestions and the like that you disclose or otherwise make available to any others through the Site: (i) you shall have no right to confidentiality in such communications and Ruckus shall have no obligation to protect such communications from disclosure; (ii) Ruckus shall be free to reproduce, use, disclose and distribute your communications to others in accordance with your privacy settings and account preferences. With respect to any feedback, questions, comments, suggestions and the like about the Site or the Services that you communicate to Ruckus, you agree that Ruckus shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
- WARRANTY DISCLAIMER YOUR USE OF THE SITE IS AT YOUR SOLE RISK. RUCKUS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. RUCKUS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL RUCKUS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE, OR TO OBTAIN A REFUND OF FUNDS PAID TO RUCKUS THROUGH THIS SITE. IN THE EVENT THAT THIS LIMITATION IS SUPERSEDED BY APPLICABLE LAW, THE MAXIMUM DAMAGES YOU OBTAIN AGAINST RUCKUS SHALL BE LIMITED TO FUNDS PAID TO RUCKUS THROUGH THIS SITE OR $50, WHICHEVER IS GREATER.
- LIMITED TIME TO BRING YOUR CLAIM You and Ruckus agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- THIRD-PARTY LINKS The Site may provide, or third parties or other users may provide, links to other websites or resources. Because Ruckus has no control over such sites or resources, you acknowledge and agree that Ruckus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Ruckus assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against Ruckus from your use of any third-party website.
- TERMINATION You agree that Ruckus, in its sole discretion, may terminate your use of the Site and remove and discard your User-Generated Content or other information you submit to us, for any reason, if Ruckus believes that you have violated or acted inconsistently with the letter and spirit of these Terms or the Policy. Ruckus may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Ruckus may bar any further access to the Site. Further, you agree that Ruckus shall not be liable to you or any third-party for any termination of or disruption in access to the Site.
- RIGHT TO ACCESS You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Site. In order to submit any User-Generated Content to the Site you must be 18 years of age or able to legally competent to agree to these Terms. By contributing any content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions of these Terms, and comply with these Terms.