Terms of Use
Welcome to DOCenter or https://docs.niceactimize.com (the "Website"), an online portal for documentation, knowledge resources, and services related to Actimize Ltd. ("Actimize", "We" and "Our").
Please read carefully the following terms and conditions. By using and accessing the Website, and the content and services contained therein, you agree to be bound by these terms of use (the "Terms", or the "Terms of Use") including any other document incorporated thereto. If you do not agree to be bound by the Terms, you may not access or use the Website.
These Terms apply to the use of the Website and the services and content included therein by every computer or other communication means (like cellular phones, PDA's, etc.). These Terms further apply the use of the Website via the Internet network or any other communication networks.
Acceptable Use of the Website
The following terms define the acceptable use of the Website and the services available through the Website (the "Services"). Subject to the Terms of Use, you may access and use the content on the Website. You may not use the content otherwise, unless Actimize provided you an explicit prior written permission.
You agree that you are solely responsible for all your acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
While using the Website, you agree to refrain from willfully, or carelessly –
- Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Services;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with Actimize, or in such ways that might impair or disrupt the Website's functionality;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
- Abusing, harassing, threatening, impersonating or intimidating other users;
- Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
User-Generated Content on the Website
We offer you certain Services and ways to use content on the Website.
You have the option to generate your own PDFs from selected topics on the Website. You can find the most up-to-date technical documentation on the NICE Actimize web site at: https://docs.niceactimize.com.
By definition, user-generated PDFs are only partial documents, and as such, they are not binding. By printing only selected topics from an entire procedure or document, users are aware that they are not printing a document in its entirety.
The text, graphics and examples included in user-generated PDFs are for the purpose of illustration and reference only. The specifications on which they are based are subject to change without notice. No legal or accounting advice is provided hereunder and any discussion of regulatory compliance is purely illustrative.
Registration and User Account
The Website is available to Actimize employees and registered users only who are customers of Actimize.
When you register with the Website, We will ask you to provide your name and a valid email address from a corporate domain. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may prevent you from registering and impair Our ability to provide you with the Services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Website. We will only use your personal details in accordance with Our Privacy Policy which is available at https://docs.niceactimize.com/privacy and incorporated by reference to the Terms.
If you use a username and password to login to certain services on the Website, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration or form completion process, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.
We may deny, or cancel your account, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your account by sending you a message to the e-mail address that you provided during the registration process. The cancellation will come into effect on the date stated in the message. Such notification may come into effect immediately. In addition, notwithstanding any remedies that may be available to Actimize under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing the Website, and take technical and legal steps to keep you off the Website, if We believe that -
- You have abused your rights to use the Website or the Services; or,
- You have breached the Terms; or,
- You deliberately submitted false information; or,
- You have performed any act or omission that violates any applicable law, rules, or regulations; or,
- You have performed any act or omission which is harmful or likely to be harmful to Actimize, or any other third party, including other users and partners of Actimize; or,
- You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- You conveyed your password to another person; or,
- You have abandoned your account.
Links to Other Sites
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
Privacy
We respect your privacy. Our Privacy Policy explains the accepted privacy practices on the Website. The Privacy Policy is incorporated by reference to the Terms.
Intellectual Property
All rights, title and interest in and to the Website (except – as provided below with respect to users' and third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Actimize. The Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from Actimize.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute or tarnish Our goodwill. Trademarks and advertisements of Actimize on the Website are the exclusive property of Actimize.
Actimize respects the intellectual property rights of others. If you believe that certain content published on the Website infringes your rights, you may contact us via email at NICEActimize.Documentation@niceactimize.com, and We will do our best to provide a prompt response to your complaint.
Disclaimer of Warranty
Actimize provides the website and the services and content included therein for use on an as is and as available basis. They cannot be customized to fulfill the needs of each and every user. We disclaim all warranties and representations, either express or implied, with respect to the website, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security or accuracy.
We do not warrant that the website will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components.
You agree and acknowledge that the use of the website is entirely, or at the maximum permitted by the applicable law, at your own risk.
A correct professional counsel depends on the exact circumstances of each and every case. The content on the website is not a substitute to such counsel.
Limitation of Liability
Actimize, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable, to the maximum extent permitted by the applicable law, for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the website, or from any failure, error, or breakdown in the function of the website, or from any fault, or error made by our staff or anyone acting on its behalf, or from any communication with the website, or with other users on or through the website, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the website. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances.
Indemnification
You agree to indemnify, defend and hold harmless Actimize, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from Actimize, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Website, or your violation, or infringement of other persons rights.
Changes in the Website
From time to time, We may change the Website's layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Availability
The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements.
None of these factors are fault free. We do not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Termination of Operation
At all times, Actimize may terminate the operation of the Website, or any part thereof, either temporarily or permanently. Actimize will publish a termination notice reasonable time prior to the termination of the Website. Actimize will maintain backup copies of the content on the Website for additional reasonable time, and afterwards will be entitled to delete the content without maintaining any backup copy thereof and without giving additional notice.
You agree and acknowledge that Actimize does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.
Governing Law and Mandatory Arbitration
These Terms will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms will be brought before an arbitrator who is an Israeli attorney proficient in the fields of electronic commerce and Internet. The arbitrator will be determined by the President of the Israel Bar Association at the request of either party.
The arbitrator will be entitled to grant provisional remedies and interim orders. The arbitration will take place in the city of Tel Aviv. The arbitrator will not be bound by the rules of civil procedure but will be bound by the law of evidence and substantive law. The arbitrator will give reasons for his decision. A judgment upon the arbitration award may be entered in a court in the Tel Aviv district.
Notwithstanding the aforesaid, should any of the parties to this agreement be sued by a third party, in any legal proceeding whatsoever, the defendant, notwithstanding the aforesaid, may add the other party to such judicial process, and in such event this arbitration agreement will not apply.
The competent court for purposes of the Arbitration Law, 5728-1968, will be the court located in the city of Tel Aviv.
This section constitutes an arbitration agreement between the parties for all intents and purposes.
In any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, exclusive jurisdiction will lie with the competent court in the Tel Aviv district in Israel.
Amendments to the Terms
From time to time, Actimize may change the Terms. Substantial changes will take effect 30 days after Actimize has posted an initial notification on the Service's homepage or on any other relevant web pages on the Service, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service, unless Actimize amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Website.
Interpretations
Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of the Terms or the termination of the Website's operation.
Correction of Errors
We put great effort in ensuring the reliability of information and documentation that We publish on the Website. However, errors may sometimes occur. If you think that any information or publication that We have Posted on the Website is erroneous, contact us by via email at NICEActimize.Documentation@niceactimize.com.
Contact Us
Actimize respects the privacy and good reputation of the Website users. If you think that certain content published on the Website harms or offends you in any way, you may contact us via email at NICEActimize.Documentation@niceactimize.com, and We will do our best to provide a prompt response to your complaint.
Last Updated: 25 March, 2019