Applicability and Acceptance of Terms
. If you do not agree to these Terms, you may not use or access any part of the Site.
These Terms govern your use of the website provided by NUG, the home page of which is located at niceusergroup.org
, including without limitation, all sub-pages, services, content, data, images, information and other materials posted on or available through these pages of the website (collectively, the "Site").
Modification of Terms
NUG may modify or update these Terms at any time without notice to you. By continuing to access and use the Site, 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 Site, 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 Site.
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.
Use of Software
Use of all software comprising the Site (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 as expressly permitted under these Terms (and in no event other than in connection with your permitted use of the Site), 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 Site to or by any person not expressly authorized by these Terms; (b) rent, sublicense, lease, or assign any right to use Software or the Site 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 Site (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 Site, 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 Site 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 Software or the Site.
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 Site. "Content", unless indicated otherwise in these Terms, does not include "Software" for purposes of these Terms.
You acknowledge that the NUG Site, 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 Site, 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 Site 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.
You will not upload, post or otherwise make available on any NUG Site 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 Site.
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
, any User Content communications or material of any kind that you e-mail, post, or transmit through the Site (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 Site 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 Site 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 any Site.
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.
You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without NUG's express written consent.
NUG and other names of NICE Systems, Inc.'s products and/or services referred to on the Site 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 this Site 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 Site. 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 Site.
You may only access the Site 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 Site. You agree that you will not on, through, or by using the Site: (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 Site; (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 Site or servers or networks connected to the Site or any system, data or personal information, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (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 Site, use of the Site, or access to the Site 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.
Some links on the Site lead to, or originate from, sites hosted by independent third parties. Such links to or from the Site 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 Site 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 Site 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 SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE SITE 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 SITE IS AT YOUR OWN RISK. NEITHER NICE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, SUPPLIERS, DISTRIBUTORS OR AGENTS WARRANT THAT OPERATION OF THE SITE 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 SITE OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SITE.
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 SITE, 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.
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 Site; (b) your use of the Site; 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
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NUG's Designated Copyright Agent with the following information:
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.
You may discontinue your participation in NUG and access to the Site at any time. These Terms will continue to apply to all past use of the Site by 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 the Site, 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 Site and may bar your access to the Site and use of the Site.
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 Terms. 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 Terms.
By accessing the Site, you agree to the above stated Terms. In the event that any provisions of these Terms are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. Please report any violations of these Terms to firstname.lastname@example.org.
NUG always welcomes suggestions and comments regarding the Site. 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.