Legal Statement Terms and Conditions of Use and Privacy Policy / System / Legal

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The SIP Center Terms of Use and Privacy Policy

The SIP Center appreciates having you visit the SIP Center website (the "Website"). The Website is subject to the following terms and conditions (the "Terms of Use"). If you decide to use the Website, your use constitutes an agreement to the Terms of Use. These Terms of Use are binding and set forth the legal rights and obligations of you and of the SIP Center, so please read them carefully and, if you do not agree to the Terms of Use and the SIP Center privacy policy set forth below (the "Privacy Policy"), you are not authorized to use the Website and should not do so. In addition, by using the Website you represent to the SIP Center that you are at least 18 years of age.

In addition, the SIP Center may amend these Terms of Use and the Privacy Policy at any time by posting the amended terms on the Website, and such amended Terms of Use and/or Privacy Policy shall be effective once posted. If you continue to use the Website after such time, your use shall constitute an agreement to such amended Terms of Use and Privacy Policy. You can view the current versions at any time by clicking on the hyperlink labeled "Terms and Conditions of Use and Privacy Policy." You may terminate your account at any time if you do not agree to any amended Terms of Use and/or Privacy Policy by sending an e-mail to SIPCenter@avaya.com.

1. Content Use.

The content and software provided on the Website (the "Website Materials") may be used only as provided in these Terms of Use. The SIP Center hereby grants you a limited, revocable, nonexclusive, nontransferable license to use the Website and the Website Materials in accordance with these Terms of Use and to make printouts of web pages included in the Website for your own internal use. Any other use, including the reproduction, modification, distribution, transmission, republication, decompiling, reverse engineering or performance of or creation of derivative works from the Website Materials is strictly prohibited. Notwithstanding the foregoing, no exclusion is made of any rights under Sections 50(A), 50(B) or 50(D) of the Copyright Designs and Patents Act 1988.

2. Intellectual Property Rights

a. All copyrights, patent rights, trademark, service mark, database rights, domain names and other intellectual property rights in all Website Materials, including text, graphics, logos, button icons, images, audio clips, software, presentation of content (including collection, arrangement and assembly) are property of the SIP Center or its suppliers and are protected by English, U.S. and/or international law. Unless otherwise expressly stated, nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any copyright, patent, trademark, service mark, database or other intellectual property right of the SIP Center or any third party.

b. Notification of any claimed copyright infringement by any material on the Website should be sent to the SIP Center's designated agent:

Avaya, Inc.
Legal Department
RM 3E424
211 Mt. Airy Rd.
Basking Ridge, N.J. 07920

3. Provision of the Website and the Website Materials

a. The SIP Center retains the right to stop making the Website available at any time, without notice to you, at its sole discretion. The SIP Center retains the right to add, delete, change or modify the Website Materials and/or any other features or services of the Website at any time, without notice to you, at its sole discretion. The SIP Center may establish rules and limits concerning the amount, manner and duration of use of the Website.

b. The SIP Center has the right to terminate your account and/or your right to use the Website without notice to you for any breach or violation of these Terms of Use or for any activity which adversely impacts the performance of the Website or the provision of services to other users.

4. No Responsibility for Third Party Websites

The Website may contain links to third-party websites not under the operation or control of SIP Center. SIP Center provides such links as a convenience only and does not endorse and shall not be responsible for the contents of any linked websites. You should review the terms and conditions posted on any linked website before using any services offered by third parties on such sites.

5. Compliance with Law

It is your responsibility, and you agree to comply with all applicable laws with respect to your use of the Website. The SIP Center makes no representation that the Website or the Website Materials are appropriate for access from outside the United Kingdom. If you choose to access the Website from outside the United Kingdom you are responsible for compliance with any applicable local law.

6. High Risk Activities

In no event is the Website or any Website Material intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapon systems, in which the failure of any such information, product or service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). You are not authorized to use any such information, product or service in High Risk Activities and you agree not to do so.

7. Abusive Uses

a. You agree not to disrupt the normal use of our system or engage in any abusive uses, or facilitate, aid or encourage any such abusive uses. You agree not to make any attempt to penetrate Website security, and any such attempt may be notified to the appropriate law-enforcement agencies. You agree not to use the services of another provider in order to facilitate any breach or violation of these Terms of Use.

b. You agree not to use the Website to point to or direct traffic to any web site or location that creates, distributes or stores material that:

Violates trademark, copyright, trade secret or other intellectual property law;
Violates the privacy, publicity or other personal rights of others;
Violates export control laws;
Impairs the privacy of communications;
May be threatening, abusive, racist, discriminatory or hateful, pornographic or indecent, defamatory, or constitute a terrorist act; or
Encourages conduct that would constitute a criminal offense or give rise to a civil liability, including through e-mails, SIP messages or bulletin board or chat room postings.

c. You agree not to:

Post a single article or substantively similar articles to an excessive number of newsgroups (which may, by example, include deliveries to more than 10 newsgroups under certain circumstances) or continually post of articles which are off-topic (e.g., off-topic according to the newsgroup charter, or the article provokes complaints from the readers of the newsgroup for being off-topic) using a SIP Center-hosted domain, or posting such messages through a SIP Center Service.
Send unsolicited e-mails, bulk commercial advertisements or informal announcements (which may, by example, include deliveries to more than 10 individuals) ("Spamming"), whether or not such activities provoke complaints from the recipients.
Engage in Spamming and using the SIP Center as a return address point.

8. Content

You are entirely responsible for all content and information you deliver (directly or indirectly) to or through the Website. The SIP Center accepts no responsibility for any content or information posted by users, does not guarantee or warrant any such content or information, and does not undertake to update such information, except as set forth in Section 12 below.

9. Consequences of Unacceptable Use

In addition to its rights under Section 3, the SIP Center reserves the right to suspend your account and/or your right to access the Website for any breach or violation of these Terms of Use and to suspend your account while investigation of any possible breach or violation thereof. In addition, the SIP Center reserves the right to condition your continued use of the Website upon your correction of any violation of these Terms of Use. You agree that any indirect or attempted breach or violation by yourself or by any third party on your behalf shall be considered a violation by you.

10. Privacy

The SIP Center respects your right to privacy. Therefore, all information that the SIP Center collects from you shall be subject to the following Privacy Policy. In the event of any change to the Privacy Policy pursuant to the preamble, above, the SIP Center will provide you with an opportunity to opt-out before using any information collected in a manner permitted by the amended Privacy Policy but not under the unamended Privacy Policy.

11. Use of Non Personally Identifiable Information

By using the Website you agree that the SIP Center has the right to collect non-personally identifiable information about your visit. Such information may include, without limitation, the number of visitors to the Website, which internet browser you use to access the Website and which domains or IP addresses you come from. You agree that the SIP Center has the right to use this information as it sees fit, including by providing such information to third parties located within or without the United Kingdom.

12. Use of Personally Identifiable Information

a. The SIP Center does not collect any personally identifiable information about you (such as your name or street address) unless you provide it to us. In the event the SIP Center requests or makes available a means for you to provide personally identifiable information, it will provide notice of the use the SIP Center will make for such information and whether such information may be transmitted to certain categories of third parties. The SIP Center will not use any personally identifiable information you provide for any other purpose without your permission except as may be required pursuant to law or regulation, as is necessary to investigate, identify, contact or bring legal action against a person or entity who may be violating the Terms of Use, or who may be causing injury to, or interfering with, other users of the Website, or other third parties who may be harmed by such activities. In the event that, or all or part of the assets of the SIP Center, are acquired by a third party, personally identifiable user information may be included in the transferred assets.

b. The SIP Center may provide registration forms that relate to the services it offers. The forms require users to give us accurate contact information (like name and e-mail address.) Such personally identifiable information shall be used by the SIP Center for the purpose of interacting with you regarding your use of our services. In the forms, some of the personal information data fields will offer you an election to make a data item public. If you agree, we will allow "whois"-like applications to look up the data. In the event you wish to correct, update or amend any information you have provided to the SIP Center, please e-mail editor@sipcenter.com.

c. Please note, any information you post in any online forum or chat room will be made available to other users and you should not post any information you do not wish to make public.

13. Cookies

A cookie is a small data string used to deliver personalized Web content, and may be used to control access to our Website. The cookies used by the SIP Center and third parties advertising on or through the Website are not designed to access or otherwise compromise the data on your hard drive. You can choose to change your browser settings to disable cookies if you do not want us to establish and maintain your user information automatically. Please be aware that cookies may be required to complete certain functions on the Website.

14. Security

The SIP Center uses commercially reasonable measures to protect personally identifiable information about you from unauthorized access by third parties and to protect against loss, misuse or alteration of information under the control of the SIP Center.

15. Privacy Policy Inapplicable to Third Party Websites

This Privacy Policy does not apply on third party websites linked to through the SIP Center. Please be sure to check the privacy policies of any third party websites before use.

16. Mail Policy

You will only receive mailings unrelated to our services if you explicitly request them from us. We will not send you mailings relating to the SIP Center unless you agree, and each message will provide you an option to unsubscribe.

17. Disclaimer and Limitation of Liability

a. The Website is provided on an "as is" and "as available" basis. The SIP Center makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the Website Materials.

b. To the full extent permissible by applicable law, the SIP Center disclaims all warranties, express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. The SIP Center does not guarantee continuous, uninterrupted or secure access to its Site, and operation of the Site may be interfered with by numerous factors both within and outside of SIP Center's control, including but not limited to routine or unscheduled maintenance, failure of electronic or mechanical equipment or communications lines, hardware, software or computer malfunctions. The SIP Center does not guarantee the accuracy, timeliness or completeness of any information on the Website or the results of your use of the Website. The SIP Center does not guarantee that the Website or the Website Materials are free from viruses, worms, trojan horses, cancelbots or other destructive materials.

c. YOU AGREE THAT THE SIP CENTER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SIP CENTER'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. Notwithstanding the foregoing, the SIP Center does not limit its liability for death or personal injury due to its negligence or for fraudulent misrepresentation.

18. Indemnity

You agree to indemnify and hold the SIP Center, and its affiliates, and its and their officers, agents and employees, as well as the SIP Center's licensors and other third parties with which the SIP Center contracts, harmless from and against any and all claims, demands, actions, costs, and/or expenses (including reasonable attorneys' fees) incurred by or against such persons or entities arising out of or resulting from any information you submit, post to or transmit through the Website, your use of the Website (including without limitation any use in violation of any law), your connection to the Website, your violation of these Terms of Use or your violation of any rights of a third party.

19. Assignment

You agree that the SIP Center shall have the right to assign its rights and delegate its duties hereunder together with its transfer of the Website to any third party.

20. Scope of Relationship

No agency, partnership, joint venture or employment relationship is intended or created between you and the SIP Center as a result of these Terms of Use. Neither party is authorized to create or enter into any obligation, express or implied, on behalf of the other party, nor to exercise any control over the other party's methods of operation.

21. General

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach or violation of these Terms of Use does not constitute a waiver of any rights with respect to such breach or violation or a waiver of any right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and the SIP Center with respect to the subject matter hereof. The Contracts (Rights of Third Parties) Act of 1999 shall not apply to these Terms of Use. No person who is not a party to these Terms of Use (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Agreement which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which agreement must refer to this clause.

22. Governing Law and Venue

The validity, construction and performance of this Agreement will be governed by the substantive laws of the State of New York, without giving effect to any provisions that would result in this Agreement being governed by the law of any jurisdiction other than that of the State of New York. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Subject to Section 10, the parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the Borough of Manhattan, New York City for the purposes of adjudicating any matter arising from or in connection with this Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.

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