Terms of Service

Applicability and Acceptance of Terms
The NICE User Group website (the "Website") and the Nice User Group Community Application (the "App") are operated by NICE Systems, Inc. ("NICE" or "Us" or "We"). The Website and the App shall be referred to collectively as the "NUG Platform". This terms of use document (this "TOU") describes The terms under which you ("you" and "User", and along with others to whom the NUG Plaform is made available, "Users") may use the NUG Platform. By accessing the NUG Platform, and by continuing to use the the NUG Platform, you agree to these Terms as well as to our NUG Platform Privacy Policy. If you do not agree to these Terms, you may not use or access any part of the NUG Platform.

Modification of Terms
NUG may modify or update these Terms at any time without notice to you. By continuing to access and use the NUG Platform, you agree to be bound by the Terms then currently in effect. You can always review the most current version of the Terms at: niceusergroup.org/terms/.

Registration Data and Related Obligations
In partial consideration of your access to and use of the NUG Platform, you agree to: (a) provide true, accurate, current and complete information about yourself when registering as a User and in any other communications or materials relating to your identification and authorization as a User (such information being "Your Information"); and (b) maintain and promptly update Your Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NUG has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, NUG has the right to suspend or terminate these Terms as they relate to you, and deny you any and all current or future use of any part the NUG Platform. You may receive or have received a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to: (a) notify NUG of any unauthorized use of your password or user identification and any other breach of security; and (b) ensure that you exit from your account at the end of each session. NUG cannot and will not be responsible for any loss or damage arising from your failure to comply with this provision. You may not transfer your account(s) to another person. In cases where you have authorized another individual to use your account(s), you are fully responsible for: (a) the conduct of such User; (b) controlling such User's access to and use of the Site; and (c) the consequences of any misuse. If you reside in the European Union, Please note that by registration to NUG you represent that you understand that the personal information you have provided may be transferred and stored in countries outside the EU, including the United States, subject to the terms and conditions of the Privacy Policy.Your personal information shall only be used in accordance with the Privacy Policy. For additional information on how we use your information, please see our Privacy Policy.

Use of Software
Use of all software comprising the NUG Platform (the "Software") is subject to these Terms, and the following terms and conditions relating to the Software. You may not access, distribute or use the Software except as expressly permitted under these Terms (and in no event other than in connection with your permitted use of the NUF Platform), including without limitation the requirements provided by applicable U.S. intellectual property laws and U.S. copyright laws. You shall not, nor permit others to do any of the following: (a) sell, distribute, transmit, or otherwise provide access or use of the Software or the NUG Platform to or by any person not expressly authorized by these Terms; (b) rent, sublicense, lease, or assign any right to use Software or the NUG Platform to any person other than as permitted under these Terms; or (c) copy, reproduce, create derivative works from, de-compile, disassemble, or otherwise reverse-engineer the Software, or in any other way alter, translate, modify, or adapt the Software.
Any access to or use of the Software or the NUG Platform (or any part thereof) by persons or other users who are not authorized under these Terms is specifically prohibited.
As between you and NUG, the Software and NUG Platform, including without limitation all modifications, improvements, enhancements, adaptations, translations and derivative works thereof and thereto, together with all worldwide intellectual property rights therein and thereto, are the exclusive property of NUG and its licensors and suppliers. All rights in and to the Software and the NUG Platform that are not expressly granted to you in these Terms are reserved by NUG and its suppliers. Nothing in these Terms will be deemed to grant, by implication, estoppels or otherwise, a license under any of NUG's existing or future patents. You are not permitted to remove, alter, or obscure any proprietary notices (including copyright notices) of NUG or its licensors or suppliers on the Software or the NUG Platform.

Content

For purposes of these Terms, "Content" means all communications, publications, information, material, text, graphics, links, electronic art, animations, audio, video, photos, and other data that appears on, or is e-mailed, posted, or transmitted on or through the NUG Platform. "Content", unless indicated otherwise in these Terms, does not include "Software" for purposes of these Terms.

NUG Content
You acknowledge that the NUG Platform and Content provided by NUG or its third-party providers (collectively, the "NUG Content") are the property of NUG and/or such third parties. Except as expressly authorized by NUG or such third parties in these Terms or as may be posted on the NUG Platform, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect, or in any manner commercially exploit any part of the NUG Content, in whole or in part. You may not store any significant portion of any NUG Content, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any NUG Content or the NUG Platform on any other server, except with the prior written consent of NUG. You may download and print a reasonable number of copies of NUG Content, provided that: (a) any permitted copies of NUG Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the NUG Content and an original source attribution to NUG or the other copyright holder; and (b) no modifications of any of the NUG Content are made except as may be expressly approved by NUG. You acknowledge that NUG and/or its third-party providers remain the owners of the NUG Content and that you do not acquire any intellectual property rights in such Content by downloading or printing such Content. Any rights to or in the NUG Content that are not expressly granted by these Terms or any other agreement with NUG are reserved by NUG and/or its vendors and licensors.

User Content
You will not upload, post or otherwise make available on the NUG Platform any material protected by copyright, trademark, or other proprietary right: (a) unless you are the owner of the copyright, trademark or other proprietary right; or (b) without the express written permission of the owner of the copyright, trademark, or other proprietary right (you or such other owner being the "Copyright Owner"). The burden of determining that any material is or is not protected by such a proprietary right and for complying with applicable copyright and other laws protecting the rights of the Copyright Owner rests with you.
You acknowledge that the Content provided by any User (the "User Content") is and remains the property of the respective Copyright Owner and that you do not acquire any intellectual property rights in such Content by accessing, downloading or printing such Content. Except as expressly authorized by the Copyright Owner, excluding any User Content for which you are the Copyright Owner, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect, or in any manner commercially exploit any part of the User Content, in whole or in part. You also may not "mirror" any User Content on any other server.
By uploading or otherwise making available any User Content on the NUG Site, you automatically grant a license, and/or warrant that the Copyright Owner has granted NUG the perpetual royalty-free, non-exclusive right and license, to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content on and through the NUG Platform.
You will be solely liable for any loss or damages resulting from your violation of these Terms, including for any alleged or actual infringement of copyright, other proprietary right, or any other illegal act or harm relating to any User Content.

Non-Confidentiality of User Content
Unless otherwise indicated in the NUG Platform, including our Privacy Policy, any User Content communications or material of any kind that you e-mail, post, or transmit through the NUG Platform (excluding personally identifiable information of Users provided to NUG during the registration process), including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant NUG a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the NUG Platform or elsewhere for any purpose, including, but not limited to, the development and use of programs and services based on the Communications.


Deletion of User Content
You expressly acknowledge and agree that NUG may delete all User Content at any time in its sole discretion, and that no copies of such User Content will be accessible, viewable or downloadable by you or any other User following such deletion. Accordingly, you must retain a copy of any User Content uploaded by you if you want to access or use such User Content in the future. NUG shall not be required to provide any notice of any such deletion, nor be liable for any failure to do so, nor be liable in connection with any deletion of User Content.

No Obligation to Monitor; Right to Remove and Disclose User Content
NUG has the right, but is not obligated, to monitor or review any areas of the NUG Platform where User Content is made available. NUG reserves the right to move, hide or remove any User Content for any reason or no reason, including any User Content which it considers in its absolute discretion to be objectionable, offensive, illegal or otherwise in breach of these Terms. To the fullest extent permitted by applicable law, NUG will have no liability or responsibility for or related to User Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise, nor for any claims, damages, or losses resulting from its use, appearance on, deletion from, or other removal from the NUG Platform. You agree and acknowledge that NUG may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of NUG, its licensees, its distributors, its users and the public.

No Framing
You may not frame or utilize framing techniques to use, surround or enclose any portion of the NUG Platform without NUG's express written consent.

Trademarks
NUG and other names of NICE Systems, Inc.'s products and/or services referred to on the NUG Platform are the trademarks and service marks of NICE Systems, Inc. These trademarks and service marks may not be used in connection with any program or service without NUG's prior written consent, in any manner that is likely to cause confusion among Users or the general public, nor in any manner that disparages or discredits NUG. All other trademarks, service marks and logos used in the NUG Platform are the trademarks, service marks or logos of their respective owners. NUG does not make any claims to the marks of others which might appear on the NUG Platform. You gain no right to use any marks of NICE Systems, Inc., any Copyright Owner or any other person or entity by virtue of your use of the NUG Platform.

Conduct

You may only access the NUG Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the NUG Platform. You agree that you will not on, through, or by using the NUG Platform: (a) commit a criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (b) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, trade libelous, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (c) upload, post, e-mail, or otherwise transmit any User Content unless you have adequate rights to do so; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (e) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the NUG Platform; (f) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges; (g) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (h) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (i) intentionally introduce a virus or other harmful component or software that is intended to damage (or surreptitiously intercept or capture or otherwise interfere with or disrupt) the NUG Platform or servers or networks connected to the NUG Platform or any system, data or personal information, or disobey any requirements, procedures, policies, or regulations of networks connected to the NUG Platform; (j) collect or store personal data about other Users; (k) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the NUG Platform, use of the NUG Platform, or access to the NUG Platform without NUG's prior written consent; (l) harm minors in any way; (m) stalk or otherwise harass another; or (n) collect or store personal information about other Users without their permission.

Links
Some links on the NUG Platform lead to, or originate from, sites hosted by independent third parties. Such links to or from the NUG Platform do not constitute any endorsement or recommendation by NUG of any third party or its website, products, resources or other information. An external hyperlink to a site does not imply that NUG is affiliated or has any other legal or other connection with the third party, or that NUG sponsors, or endorses any content on, the third party's website. NUG is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that NUG shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party website, software, data, or other information.

Local Laws; Export Control

NUG controls and operates the NUG Platform from the United States and makes no representation that any User or Content is appropriate or available for use in other locations. If you use the NUG Platform from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries.

Disclaimer of Warranty; Limitation of Liability
NICE IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT POSTED BY USERS OR ANY THIRD PARTY AND CONTAINED WITHIN THE NUG PLATFORM AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE NUG PLATFORM FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY. ALL SUCH INFORMATION IS SOLELY PROVIDED BY USERS OR OTHER THIRD PARTIES.YOU AGREE THAT YOUR ACCESS TO AND USE OF THE NUG PLATFORM IS AT YOUR OWN RISK. NEITHER NICE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, SUPPLIERS, DISTRIBUTORS OR AGENTS WARRANT THAT OPERATION OF THE NUG PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NUG PLATFORM OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE NUG PLATFORM.THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL NICE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSEES, SUPPLIERS, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF NICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE NUG PLATFORM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NICE'S RECORDS, PROGRAMS OR SERVICES.
THIS SECTION WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSIONS AND LIMITATIONS.

Indemnification
You agree to indemnify and hold NICE, and its affiliates, officers, licensees, suppliers, distributors, agents, partners and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of: (a) any Software and/or Content, including User Content, you submit, post to, email or otherwise transmit through the NUG Platform ; (b) your use of the NUG Platform ; or (c) your breach of these Terms. You agree to cooperate as reasonably required in the defense of any claim.

Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to online material. In compliance with that Act, NUG has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the Site. All inquiries into alleged copyright infringement on the NUG Site should be sent to NUG's Designated Agent as follows:
Designated Copyright Agent:
NICE Systems, Inc.
301 Route 17 North, 10th Floor
Rutherford, NJ 07070
Phone: (877) 901-8980
Fax: (201) 964-2610

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the material that you claim is infringing is located on the Site.
  4. Your address, telephone number, and e-mail address.
  5. 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.
  6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Terms applicable to users downloading the Application via the Apple App Store.
The following terms apply only to your use of the NUG App if you obtained it via the Apple, Inc. ("Apple") App Store:
  1. Both you and the NICE acknowledge that these TOU are concluded between you and NICE only, and not with Apple, and that Apple is not responsible for the App or the App Content;
  2. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, for your private, personal, non-commercial use, subject to all the terms and conditions of these TOU; to use the Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your account via Family Sharing or volume purchasing.
  3. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  4. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the App; Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple's responsibility.
  5. NICE and you acknowledge that NICE, not Apple, is responsible for addressing any of your or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  6. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  8. Both you and NICE acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  9. Both you and NICE acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these TOU, and that upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU against you as the third party beneficiary here of


Termination
You may discontinue your participation in NUG and access to the NUG Platform at any time. These Terms will continue to apply to all past use of the NUG Platformby you, even if you are no longer using it. You acknowledge and agree that NUG and its affiliates may terminate or block your use of all or part of theNUG Platform, without prior notice for any reason or for no reason, including, without limitation, if NUG believes you have engaged in conduct prohibited by these Terms. You agree that upon termination or discontinuance for any reason, NUG may delete all information related to you on the NUG Platform and may bar your access to the NUG Platform and use of the NUG Platform.

General
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, excluding its rules of conflicts of law. You hereby consent and submit to the exclusive jurisdiction of the state and federal courts in New Jersey in all questions and controversies arising out of these TOU. Both you and NUG hereby exclude the application of the Uniform Computer Information Transactions Act ("UCITA"), the United Nations Convention on the International Sale of Goods ("CISG"), and any law of any jurisdiction that would apply UCITA or CISG or terms equivalent to UCITA or CISG to these TOU.
By accessing the NUG Platform, you agree to the above stated TOU. In the event that any provisions of these TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TOU shall otherwise remain in full force and effect. Please report any violations of these TOU to admin@niceusergroup.org.

Submission
NUG always welcomes suggestions and comments regarding the NUG Platform. Any comments or suggestions submitted to NUG, either online or offline, will become NUG's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by NUG might seem to others to be similar to their own submissions or comments.