Terms and FAQs for users who access IPsoft.com.
Last updated by the IPsoft Legal Team on 17 April 2018
Welcome to IPsoft.com!
These terms and any terms referenced herein form the legal agreement between you and IPsoft Incorporated (collectively, with its subsidiaries and affiliates, “IPsoft”), that governs your use and access to IPsoft.com, Amelia.com, and any other website operated by IPsoft (collectively, the IPsoft Websites are the “Site”). By accessing, browsing or using the Site you agree to be bound by these terms (the “Terms” or “Site Terms”). If you do not agree to the Terms, you must not use, access, or browse the Site.
You may also be able to access interactive and informational portions of the Site, like the community or support site, that require you to register with IPsoft.com in order to view or fully utilize them (the “User Sites”). Those portions of the Site may require additional terms, which will be displayed to you when you register (the “User Site Terms”).
If you want to give one of the IPsoft products a try, you should contact the local sales team here. IPsoft products and services are also subject to additional terms.
If the User Site Terms or trial terms conflict with these Terms, the User Site Terms or the trial terms will apply.
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.
Also, if you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
Now, let’s get to it.
For information regarding the Digital Millennium Copyright Act and our policy please see our DMCA Notice here.
- Ownership of Content
Our goal is to provide you with broad, rich, and diverse content on the Site. We may publish materials that are owned by IPsoft, its subsidiaries and affiliates, or IPsoft licensors, partners, and so forth. Everything we publish on the Site is protected by copyright laws and considered the intellectual property of the respective owners. If you use any materials published on the Site, you may do so, but only for your own internal non-commercial purposes, so long as all trademark(s), copyright(s) and other proprietary notices are intact and you do not edit the materials.
IPsoft reserves any and all rights or permissions not expressly granted to you in these Terms.
- Products and Services
Because this Site is international, certain products, services or portions of the Site may not be available in your country. Please contact your local sales representative for availability information.
Don’t have a rep yet? Let us help you find one here.
- Content Moderation
Some parts of the Site may allow you to post or read content posted by other users. You can only post content if you own all the rights to that content, or if another rights holder has given you permission. While IPsoft does not generally edit or monitor content posted by our users, we require that all users follow the simple rules that are listed below. If you don’t follow the guidelines, we may remove the content and/or limit or eliminate your access to the Site. We believe that these rules make everyone’s experience on the Site better—the “Technology Golden Rule,” if you will.
- Be honest.
- Act like the professional you are and be respectful of others.
- Share information wisely and remember that all posts could be permanent.
- Keep information relevant to the discussions and free of advertising or solicitations.
- Only post things that you are lawfully able to post. This means don’t post anything that you are prohibited from sharing, you don’t have the necessary rights to post or anything that is harmful or disparaging to a third party (other users included)!
We are not responsible for, and do not endorse, content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another member.
You do not transfer ownership of your content simply by posting it. However, by posting content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content. Without those rights, we couldn’t offer many of our services and products. Please note that this license continues even if you stop using our Sites.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post.
We love hearing from you, but please keep in mind that anything you submit to us is considered non-confidential. Feedback related to IPsoft and/or our products and services is considered non-confidential and the property of IPsoft. We will be entitled to use the feedback free of any restrictions and may disseminate it in any form.
- Third Party Links
The Site may contain hyperlinks to third-party websites. While we will try to make it clear when a hyperlink is not one of ours, it is important that you realize that IPsoft makes no representations or warranties regarding these third-party sites or any content that may be linked to through a third party hyperlink.
Please keep in mind that a link to a third-party website, doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.
(Pro tip: if you “hover” over a hyperlink with your mouse, the actual web address that you will be redirected to will display at the bottom of your browser).
We generally publish everything on the Site in English, but we try to accommodate our visitors and customers from around the globe with translations where we can. These translations may be done by computer (we love technology) but may not be reviewed with the same vigor as our other content is, so we cannot guarantee the accuracy or completeness of these translations.
- Export Requirements
The Site, including any content and materials, and all IPsoft products and services, including postings of encryption code as referenced below (“Site Content”) are subject to control under U.S. law, including the Export Administration Regulations (“EAR,” 15 CFR 730-774) and you agree to comply with all applicable import and export laws and regulations.
You represent that you are not a citizen of or located in any U.S. embargoed country or region on the U.S. OFAC (Department of Treasury) sanction list, including the Balkans, Belarus, Burma, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe (list as of March 2018; updates are available at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). You further represent that are not on a U.S. government prohibited user list posted by the Department(s) of Commerce, State, and/or Treasury (available at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx), and will not use Site Content for purposes prohibited by U.S. law.
More specifically, you agree that you will not access, download, use, transfer, post, resell or export Site Content in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations; including but not limited to (a) providing Site Content to anyone in a U.S. embargoed country or region, or on a U.S. prohibited user list, or (b) using the Site Content for the development, design, manufacture or production of nuclear, missile, or chemical/ biological weapons.
You also acknowledge that all postings of encryption code are controlled under Section 740.13(e) of the EAR and that you understand and comply with your obligations under the EAR including the procedures described in: https://www.bis.doc.gov/index.php/forms-documents/doc_view/334-encryption-export-controls-75-fed-reg-36-482-june-25-2010
If you are a U.S. Government end user, IPsoft is licensing the Site Content to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to Site Content, including any product or service, are the same as the rights we grant to all others under these Terms.
THE SITE, USER SITES, AND ALL ASSOCIATED CONTENT AND SUPPORT ARE PROVIDED BY IPSOFT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU BEAR AND ACCEPT ALL RISKS ASSOCIATED WITH ACCESSING OR OTHERWISE RELYING ON THE SITE, USER SITES, AND ANY CONTENT AND/OR OFFERING MADE AVAILABLE TO YOU THROUGH YOUR ACCESS AND USE. IPSOFT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT THAT APPEARS ON THE USER SITES, REGARDLESS OF WHO ORIGINATES THE MATERIAL. IPSOFT, ITS SUBSIDIARIES, AND IPSOFT AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IPSOFT DOES NOT WARRANT THAT YOUR USE OF THE USER SITES AND ANY CONTENT MADE AVAILABLE IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT YOUR ACCESS OR USE OF USER SITE CONTENT WILL OPERATE OR FUNCTION AS INTENDED ON YOUR NETWORK.
SOME JURISDICTIONS DO NOT ALLOW THE EXLUSION OF EXPRESS OR IMPLED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
- Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL IPSOFT, ITS SUBSIDIARIES, AND/OR IPSOFT AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, WARRANTY, OR OTHERWISE) TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL OR BUSINESS REPUTATION) ARISING OUT OF OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, USER SITES, AND ANY OFFERINGS, DATA, MATERIALS, AND OTHER CONTENT (WHETHER PROVIDED BY IPSOFT OR A THIRD PARTY) THEREWITH EVEN IF IPSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOING.
IPSOFT, ITS SUBSIDIARIES, AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM, BUT NOT LIMITED TO, THE FOLLOWING: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS, CONTENT OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT(S); (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANY CONTENT USED IN CONNECTION WITH THE USER SITES; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE CONTENT; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE USER SITES; AND (F) ANY THIRD PARTY CONDUCT OR TRANSMISSIONS OF DATA.
YOU AGREE THAT IPSOFT IS UNWILLING TO MAKE THE USER SITES AVAILABLE TO YOU, ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You may terminate your access and use of the Site and its content at any time, however all material terms of the User Site Terms shall remain in effect after the expiration or termination. IPsoft may terminate, suspend, or discontinue your access to the Sites and its contents at any time and for any reason, with or without notice to you. Any termination by you or IPsoft shall not affect any other agreement(s), including license agreements.
- Venue & Severability
In the event a court of competent jurisdiction determines that any clause in these Terms is invalid, illegal or unenforceable, the remainder of these Terms shall continue in full force and effect.
The laws of the State of New York (excluding its conflict of laws provisions) will apply to any dispute arising out of or relating to this Site. All proceedings shall be brought before a court of competent jurisdiction in New York County, New York, including Federal Jurisdiction. The United Nations Convention on Contract for the International Sale of Goods does not apply to these Terms and is expressly excluded.