Section A – All Web Sites
This page sets out the Terms and Conditions applicable to the use of this and any other IPC Web site, including the “IPC Portal” and any blogs hosted by IPC (“Blog”) (collectively referred to as the “Web Sites”). Please read these Terms and Conditions carefully. Section A sets out terms and conditions applicable to all Web Sites. Section B sets out additional terms application to IPC Blogs. By using our Web Sites, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please discontinue your use of the Web Sites. Within these Terms and Conditions: (i) references to “Web Sites” and “Sites” mean both the singular and plural forms of these terms; (ii) references to “you” or “your” mean the person authorized to access and use the Web Sites; and (iii) references to “IPC,” “we,” “us” or “our” mean IPC Systems, Inc., and its affiliated companies, and references to “Materials” mean the contents of the Web Sites, including but not limited to text, graphics, audio, video and other images.
Amendments to these Terms and Conditions of Use
We reserve the right to revise these Terms and Conditions or any portion of them at any time, without notice, by updating this page. You are bound by any such revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of the Web Sites.
Products and Services
The Web Sites provide descriptions of or references to IPC’s products and services for informational purposes only, and nothing contained within the Sites shall constitute an offer to buy or sell such products or services. Our products and services are available only in those geographic regions in which they may be legally offered for sale.
Linking to our Web Sites
Use of Materials and Intellectual Property Rights
IPC authorizes you to view and copy any of the Materials for your personal or internal business use, provided you agree to and abide by these Terms and Conditions.
You may print one copy, and may download extracts, of any page(s) from our Web Sites for your personal use and reference but not for any commercial purposes. You must not in any way modify the paper or digital copies of any materials you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Web Sites must always be acknowledged. You must not use any part of the materials on our Web Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
The Materials are protected by copyright and other intellectual property rights under both United States of America and international laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. Except as expressly authorized by these Terms and Conditions, you may not sell or modify the Materials or reproduce, display, distribute, or otherwise use the Materials in any way or for any public or commercial purpose. Nothing on the Web Sites shall be construed as conferring or implying any license under the intellectual property rights of IPC or any third party. IPC prohibits the use of any IPC trademark, or any related graphic, as a “hot” link or otherwise, unless such use is approved in advance by IPC. The following are registered trademarks of IPC:
- DEALERPHONE AND DESIGN
- FINANCIAL MARKETS NETWORK
- IPC AND DESIGN
- IPC AND LOGO
- MAXACCESS 1000
- NEXUS SUITE
- SERIES II DEALERBOARD AND DESIGN
- TRADENET MX AND DESIGN
- TRANSFORM TRADING WORKFLOW
- UNIGY AND DESIGN
IPC reserves all right in its copyrights and trademarks. All other trademarks mentioned are the property of their respective owners.
Disclaimers of Warranty and Liability
IPC DOES NOT WARRANT THAT THE WEB SITES WILL OPERATE ERROR-FREE OR THAT THE WEB SITES AND THEIR SERVER(S) ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL OR DESTRUCTIVE ELEMENTS. IN THE EVENT YOUR USE OF THE WEB SITES OR THE MATERIALS RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES, EXPENSES OR COSTS ASSOCIATED WITH SUCH SERVICE OR REPLACEMENT. THE WEB SITES AND MATERIALS ARE PROVIDED ON AN “”AS IS”” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IPC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SERVICES, TEXT, GRAPHICS AND/OR HYPERLINKS. IN NO EVENT SHALL IPC, ANY THIRD PARTIES MENTIONED ON THE WEB SITES, OR ANY OF THE PERSONS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOST PROFITS; OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITES, MATERIALS OR HYPERLINKS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IPC OR ANY OF THE PARTIES MENTIONED ABOVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING FROM ANY CLAIM RELATING TO THE USE OR OPERATION OR CONTENT OF OUR BLOG SHALL NOT EXCEED TO US$50,000.
Your use of the Web Sites and the Materials is at your own risk. The Materials may contain inaccuracies or typographical errors. IPC makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Web Sites or the Materials. We reserve the right to update the Materials or otherwise revise the Web Sites, or any portion of the Materials or the Sites, at any time and without notice, and we will not be liable for any failure to so update or revise. IPC makes no claims regarding the appropriateness of the Materials or the legality or propriety of downloading them outside the United States of America. Please note, however, that access to the Materials by certain persons or in certain countries may not be legal. If you access the Web Sites from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of jurisdiction applicable to such access.
Your personal information and Cookies
In distributing the information on the Web Sites, we are not providing professional advice of any kind. If you have a question regarding professional advice, please seek a qualified professional in the field relevant to your inquiry.
Although IPC will use reasonable efforts to provide you with access to the Web Sites, we reserve the right to restrict or prohibit such access whenever we, in our sole discretion, deem it necessary to shut down the Sites temporarily for maintenance, updates and other reasonable adjustments or alterations. If you violate any of the Terms and Conditions, your right to access and use the contents of the Web Sites and Materials will automatically terminate and you must immediately destroy any copies you have made of such Materials.
Your access to and use of the Web Sites will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions, and to the applicable laws of the United States of America. All jurisdiction and venue for any action or proceeding relating to such access and use will lie in the State of New York, County of New York, including the U.S. federal courts located therein. If any provision of these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
These Terms and Conditions represent the entire agreement between IPC and you relating to your access to and use of the Web Sites and may not be modified except (a) by IPC, as set out herein, or (b) through a written document signed by both you and IPC.
If you have questions about these Terms and Conditions or our Web Sites, please contact us at firstname.lastname@example.org.
Section B – IPC Blogs
These terms and conditions apply to your access, use and participation in any Blog.
In order to comment or contribute any material to a Blog or access certain areas of a Blog we will require you to register. When you register, you will be required to input your email address and blog name/handle in order to comment, make contributions and access registration areas of the Blog. Once you have registered, you may make contributions and comments and to access to the registration areas of the Blog on the basis that:
(i) your email address and password are personal to you and may not be used by anyone else to access our Blog;
(ii) you will not do anything which would assist anyone who is not a registered user to make contributions or to gain access to any registration area of the Blog;
(iii) you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the Blog, or other users, nor do you seek to pass yourself off as another user; and
(iv) you comply with these terms and conditions.
We reserve the right in our sole discretion to cancel your access to the registration areas of the Blog immediately and without giving you any advance notice.
Restrictions on access and registration
Our Blogs are intended for adults based only in countries in which participation in our Blogs are not illegal, unlawful or otherwise restricted. Please do not register if you are under 18 years of age and/or are accessing the Blog from any country in which participation in such Blog is illegal, unlawful or otherwise restricted.
You warrant that you are over 18 years of age and that all of the personal details you provided to us on registration are true and accurate and will be kept up to date by you.
These terms apply to any and all material (including, without limitation, any text, artwork, photos and other materials) which you contribute to our Blog (“Contributions”), and to any interactive services associated with it. You warrant that all of your Contributions comply with the terms set out in this agreement and you indemnify us for any breach of that warranty.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole. If, for any reason, we believe that any Contribution does not comply with these terms, requirements and standards, we may, at our discretion, cancel your access to the registration areas of our Blog immediately and without giving you any advance notice.
(i) where they state facts, be accurate;
(ii) where they state opinions, be genuinely held;
(iii) comply with applicable law in the country from which they are posted.
Contributions must not, and must not link to sites that:
(i) contain any material which is defamatory of any person;
(ii) contain any material which is obscene, offensive, hateful or inflammatory;
(iii) promote or contain sexually explicit material;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.