PLEASE READ THIS AGREEMENT BEFORE USING THIS WEBSITE.
Welcome to this Lipman U.S.A., Inc. website. Lipman U.S.A.,
Inc. (“Lipman,” "us" or "we")
maintains this website (the “Site”) as a service
to its users ("you"). It is important to the use
of our Site that that everyone who visits and uses it complies
with rules we believe will make the visit more useful and
enjoyable. Therefore, by using this Site, you are agreeing
to comply with and be bound by all of the terms and conditions
of use described in this User Agreement (“Terms”).
Please read the following Terms carefully. If you do not agree
to all of these Terms, you should not use or visit our Site.
ANY USE OR ACCESS OF THIS SITE BY YOU IS AN UNCONDITIONAL
ACCEPTANCE BY YOU OF ALL OF THE FOLLOWING TERMS. IF YOU DO
NOT AGREE TO EACH OF THE TERMS AND CONDITIONS, PLEASE DO NOT
USE THIS SITE. EACH TIME YOU USE THE WEB SITE, THE TEXT OF
THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY,
WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE DATE OF THIS
AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND
REVIEW ANY CHANGES SINCE THE LAST VERSION.
1. Your Acceptance of this Agreement. You
agree to all of the terms and conditions set out in this User
Agreement ("Agreement") with respect to our Site.
This Agreement constitutes the entire and only agreement between
Us and You as a user of our Site and supersedes all prior
or contemporaneous agreements, representations, warranties
and understandings with respect to our Site. You agree to
review and agree to the Terms of this Agreement prior to using
this Site. We may amend this Agreement at any time without
advance notice to You. You agree to review and be bound by
the terms of the posted Agreement prior to using our Site.
You also agree to abide by all additional copyright notices,
information, or restrictions contained in on the Site.
Legal Rights.
2. Content. The term “content”
as used in this Agreement includes all text, graphics, music,
information, data, databases, source code, and all other audible,
visual, and downloadable material, as well as the selection,
organization, coordination, compilation, digital conversion,
overall look and feel and other matters related to or on one
our Site (hereafter collectively referred to as “Site
Content”). All Site Content is owned by us or authorized
third parties and is protected under applicable domestic and
international copyright, trademark and other proprietary rights
laws (including but not limited to intellectual property),
as well as all applicable contract laws, whether such laws
are now in existence or later come into existence. The use,
copying, distribution, display, downloading, transmission
or publication by You of any Site Content or any part of the
Site, except as expressly authorized under the terms of this
Agreement, is strictly prohibited and will be prosecuted to
the full extent of the law. You do not acquire ownership rights
of any kind to any Site Content. You agree to abide by all
copyright notices, information, or restrictions contained
in any Site Content accessed through the Site.
3. Trademarks. The marks LIPMAN™, NURIT®,
NURIT APPS™, LIPMAN TRANSACTION SOLUTIONS™, DO
BUSINESS BETTER™, the WIRELESS, LANDLINE, SECURITY,
SELF SERVICE, and WEB READY graphic navigation logos, and
other marks appearing on the Site are trademarks and service
marks owned by Lipman. In addition, all page headers, custom
graphics, button icons and scripts are service marks, trademarks
and/or trade dress (collectively, “trademarks”)
of Lipman. The business names, trade names, brands, logos
and other indicia of origin used for products, services, business
or organization names displayed on our Site are trademarks
of Lipman or its suppliers, licensors or by other authorized
third parties. You agree that you will not copy, imitate or
use any of these trademarks, in whole or in part, without
the prior written permission of Lipman or the appropriate
owner of these trademarks, service marks or trade dress.
4. Limited Rights of Use. The permission
granted by Us to You to use, view or download any Site Content
is a limited, nonexclusive license for the viewing, downloading
and use of Site Content solely by You for your own lawful
personal or internal business use and not for reproduction,
republication, modification, distribution, publication, display,
transmission, assignment, sublicense, sale, lease, preparation
of derivative works or other use. All other rights are reserved
by Us and are not part of the license to You. You further
agree that you will not (a) alter, delete or otherwise tamper
with any copyright management information contained or associated
with any Site Content, or (b) use, frame or utilize framing
techniques to enclose or pop-up any Lipman Site Content or
trademarks without our express written consent, or (c) use
any metatags or any other "hidden text" utilizing
any Lipman Site Content, trademarks, service marks or logos
without our express written consent. You agree that any violation
of this Section by You will cause Us immediate and irreparable
harm for which We shall be entitled automatically for temporary
and permanent injunctive relief, in addition to all other
available legal and equitable remedies.
5. Linking License. You are granted a limited,
nonexclusive right to create a hyperlink to this Site provided
such link does not portray Us or any of our or our vendors’
names, products or services, or the names, products or services
in a false, misleading, derogatory or otherwise defamatory
manner. You may not use an Lipman mark or other proprietary
graphic of Lipman to link to this Site without the express
prior written permission of Lipman. This limited right may
be revoked at any time. You agree that any violation of this
Section by You will cause Us immediate and irreparable harm
for which We shall be entitled automatically for temporary
and permanent injunctive relief, in addition to all other
available legal and equitable remedies.
6. Postings and Unsolicited Submissions.
You may not use any third party collaborative browsing or
display technologies, such as Gooey, Gator.com, or Third Voice
in connection with your use of the Site or to post any comments,
communications or other data of any kind to or on the Site
with the intention that such postings be viewed by other users
of the Site. If you send us any unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or
improved services or technologies, product enhancements, processes,
materials, marketing plans, or new product, service or business
names (“Submissions”) to Our Site or to Us, you
automatically grant (or warrant that the owner of the Submissions
grants) to Us and Our assigns a perpetual, royalty-free, irrevocable,
unrestricted, nonexclusive, worldwide, assignable, sub-licensable,
right and license to use, copy, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform, display and otherwise exploit the Submissions or
any ideas, concepts, know-how or techniques associated with
the Submissions for any purpose whatsoever, commercial or
otherwise, using any form, media or technology now known or
later developed, without providing compensation to you or
any other person, without any liability whatsoever, and free
from any obligation of confidence or other duties on the part
of Lipman or its assigns, and you agree, represent and warrant
that all moral rights in the Submissions are waived in favor
of Lipman and its assigns.
7. Use of Forums. We may make available for
Your use interactive message boards or chat rooms (“Forums”)
which permit You to post, download or upload information or
material for discussion purposes. You agree that you shall
not upload to, or distribute or otherwise publish on the Forums
or anywhere else on any of our Site any libelous, defamatory,
obscene, pornographic, abusive, or otherwise illegal material,
including any material that violates any intellectual property
laws. You agree that you will use The Forums only for noncommercial
purposes. You shall not, without Our express approval, distribute
or otherwise publish or transmit any material containing any
solicitation of funds, advertising or solicitation for goods
or services on any Forum. You are solely responsible for the
content of Your messages. However, while We do not and cannot
review every message posted by You on the Forums and We are
not responsible for the content of your messages, We reserve
the right to delete, move, or edit messages that we believe
in Our sole discretion are abusive, defamatory, obscene, in
violation of copyright or trademark laws, or otherwise unacceptable.
You acknowledge that any submissions made by You to the Site
may be edited, removed, modified, published, transmitted,
and displayed by Us, and You hereby waive any moral rights,
personal rights, publicity rights and all other rights you
may have in having the material used, altered or changed in
a manner not agreeable to you. All Forums are intended as
publicly available media, and You therefore should not have
any expectation of privacy in connection with the posting
or use of such Forums, or any messages posted on the Forums. Further,
all material posted on the Forums is publicly accessible and
therefore not subject to confidentiality. |
