NICE Dojo Terms of Use

Terms of Use


Welcome to NICE Dojo on
https://nice.csod.com (the "Learning Platform"), an online resource for information, activities, products, and services related to NICE Ltd. ("NICE", "We", “Us”, and "Our").
Please read the following terms and conditions carefully. By using and accessing the Learning Platform 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 hereto. If you do not agree to be bound by these Terms, you may not access or use the Learning Platform.

 

These Terms are subject to the terms and conditions of the agreement governing the relationship between you and NICE Ltd. or its Affiliate (the “Agreement”), and shall apply to the use of and access to the Learning Platform and the services and content included therein by any means (including but not limited to computers, cellular phones, PDA’s, etc.) and via any communication network (including but not limited to the Internet network). In the event of a conflict between these Terms and the Agreement, the Agreement shall prevail. Capitalized terms used but not defined herein shall have the

same meaning given in the Agreement.

Acceptable use of the Learning Platform


The following terms define the acceptable use of the Learning Platform and the services available through the Learning Platform (the "Services"). Subject to these Terms of Use, you may access and use the content on the Learning Platform. You may not use the content otherwise, unless NICE provided you an explicit prior written permission. You agree that you are solely responsible for all of your acts and/or omissions associated with your access to and use of the Learning Platform and any access to and use of the Learning Platform by anyone on your behalf.

 

As a condition of your use of the Learning Platform and the Services, you agree to treat all information obtained from the Learning Platform as Confidential Information as defined in the Agreement, and keep such information in a strict standard of security (not less than that used to protect your own confidential information) in compliance with the restrictions of the Agreement on the use and disclosure of Confidential Information. In addition, you agree to refrain from willfully or carelessly –

·         Breaching these Terms, the Agreement, or any other applicable rules and instructions that We may convey with respect to the use of the Learning Platform and any part thereof;

·         Using, reproducing, transforming or storing any of the Learning Platform information in any externally accessible computer or electronic information retrieval system, or transmitting it in any form outside of your company’s domain;

·         Copying, dismantling, decompiling or reverse engineering the Learning Platform information without the prior written consent of NICE. Any information derived from the Learning Platform information shall be deemed to be Confidential Information hereunder;

·         Interfering with, burdening or disrupting the functionality of the Learning Platform;

·         Circumventing or manipulating the operation or functionality of the Services;

·         Posting false, inaccurate, or misleading content;

·         Using or launching any automated system, including without limitation robots, crawlers, or any similar applications to collect and compile content from the Learning Platform for the purposes of competing with NICE, or in any way that might impair or disrupt the Learning Platform's functionality;

·         Displaying the Learning Platform or any part thereof, whether in an exposed or concealed frame, or linking to elements on the Learning Platform, (such as images), independently from the web pages on which they originally appear;

·         Displaying content from the Learning Platform in any way, including by any software, feature, gadget or communication protocol, which alters 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 Learning Platform from or Posting links to or content from web pages that contain pornographic content or content that encourages or promotes racism, discrimination, or any other wrongful or offensive subject matter;

·         Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.

User-generated content on the Learning Platform


We offer you certain Services and ways to use content on the Learning Platform, whether your own content or that of other users (such as public comments). You may upload or otherwise make your content available when using the Learning Platform (for convenience, We will refer to all of these actions as "Post” or “Posting"). We do not warrant or guarantee that any content that you wish to Post on the Learning Platform will be posted or that We will Post it indefinitely. We encourage free speech and open discussion on the Learning Platform. Users may Post comments and content in sections of the Learning Platform such as "NICE blogs". You may find some of the comments Posted to be inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. We do not endorse any user-generated content and its publication does not attest to Our acceptance of it. By Posting content on the Learning Platform, you accept and are fully accountable for any consequences resulting from Posting the content. You must ensure that such content and its use on the Learning Platform are lawful. Among other things, you must not Post any content which may reasonably be deemed as –

·         Infringing or violating any intellectual property or other proprietary rights of others, including patents, copyrights, trademarks, service marks and trade secrets;

·         Identifying minors, their personal details or information, their address, or ways to contact them;

·         Software viruses, Trojan Horses, Worms, Vandals, Spyware, or any other Malicious Applications or harmful computer code;

·         Passwords, usernames, or other details that may enable the use of computer software, digital files, Internet sites, or services that require registration or payment without such payment or registration;

·         Encouraging, supporting, assisting, providing instructions for or advising in the committing of a criminal offense under any applicable law;

·         Constituting defamation of a person or violating a person's right for privacy or right of publicity;

·         Commercial content, including advertisements, sponsorships, solicitations, endorsements, and public relations material which is not related to NICE and/or its products, unless you received Our express prior consent, and subject to the terms of such consent;

·         Prohibited by any applicable law or legal restraining order to be Posted, published, disseminated, or otherwise made available to the public;

·         Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically or otherwise objectionable;

·         Unsolicited commercial communications ('SPAM'), chain letters or pyramid schemes.

·         Misleading a consumer.

We may review Posted content and delete, remove, or block it, or refuse to Post it on the Learning Platform, without any prior notice, in Our sole discretion, for any reason that We may consider to be justified, including without limitation –

·         To prevent misuse of the Services;

·         To enable civilized discussions;

·         When We deem the content to be in breach of these Terms, or an infringement of any applicable law;

·         When the owner of content that you have Posted wishes or is likely to wish that it be removed, whether as result of a complaint or of Our own initiative.

Under no circumstances will any of the above be interpreted as an obligation on Our part to review or monitor user-generated content Posted on the Learning Platform. We may also delete content after a certain period of time from initial Posting. Consequently, you might not find content that you or any other user previously Posted on the Learning Platform. Should We decide to publish any content that you Posted on the Learning Platform, We may edit such content, in Our sole discretion, including shortening it. Unless written otherwise on the Learning Platform, the content you Post to the Learning Platform will be available to all Learning Platform users. Please exercise caution and common sense when submitting personal details or any other sensitive or Confidential Information.


Registration and user account


The Learning Platform  is available to registered users only. When you register with the Learning Platform, or while completing Our contact forms, We will ask you to provide certain contact and personal details. We will only use your personal details in accordance with Our Privacy Policy, which is available at
https://education.nice.com/public/dojo/privacy.html and incorporated by reference herein.
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 Learning Platform 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 are cancelling your account by sending 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 (“Cancellation Effective Date”). Such Cancellation Effective Date may be immediate. In addition, notwithstanding any other remedies that may be available to NICE under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing the Learning Platform or any part thereof, remove content that you have Posted on the Learning Platform, and take technical and legal steps (if applicable) to keep you off the Learning Platform if We believe that -

·         You have abused your right to use the Learning Platform or the Services; or,

·         You have breached these Terms or the Agreement; or,

·         You have 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 NICE, or any other third party, including other users and partners of NICE; or,

·         You used 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 failed to pay for fee-based Services; or

·         You have abandoned your account.

 
Links to other sites

 
The Learning Platform 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, or the information and content posted therein to be incompatible 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. Certain learning tools and trainings available on the Learning Platform may require a valid license to use the applicable Software. Such learning tools, trainings, and any related Documentation and Materials are available to you only under the same terms and conditions of the applicable Software license or end user agreement. Should your right to use the relevant license terminate, your right to access those learning tools and trainings will also immediately terminate, and any of your use of or access to the applicable Materials and Documentation will cease.


Financial information


Financial information, including financial reports and NICE share value, may be available on the Learning Platform. Although efforts are made to coordinate and process such content, some mistakes may occur in the process of their reception, processing, and posting. If you wish to make use of such content you must double-check and verify it first. Its posting does not constitute a recommendation or opinion about transactions and financial development, including the purchase or sale of NICE securities. Therefore, you bear the exclusive responsibility for any decision you make regarding the use of such financial information. The Learning Platform may contain forward-looking statements, which are based on Our expectations related to future events and projects. The statements reflect Our current expectations only and inherently include uncertainties and risks. They are also dependent on factors that may not materialize. Therefore, actual events may differ substantially from any projections made in these statements. We may not keep these statements updated at all times and We do not undertake any obligations with respect to these statements, except as required by law.


Privacy


We respect your privacy. Our
Privacy Policy explains the acceptable privacy practices on the Learning Platform. The Privacy Policy is incorporated herein by reference.

 
Intellectual Property


All rights, title and interest in and to the Learning Platform (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 NICE and/or its Affiliates. These Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, or domain names, or grant you any other rights, functions or licenses related to the Learning Platform.

Unless otherwise expressly permitted in these Terms or previously authorized in writing by NICE, you, or anyone acting on your behalf, may not copy, distribute, publicly display or perform, sublicense, decompile, disassemble, reduce to human readable form, publicly execute, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Learning Platform which is subject to intellectual property rights or other proprietary rights in any way or by any means, including but not limited to electronic, mechanical or optical means. You may not adapt or otherwise use 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 NICE on the Learning Platform are the exclusive property of NICE. We do not claim ownership to content that you Post on the Learning Platform. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owner(s) to Post and use such content on the Learning Platform, in accordance with these Terms. By submitting content, including data, images, sounds, text, ideas, concepts, know-how, or techniques for Posting on the Learning Platform, and including any and all communications that you make with other users on or through the Learning Platform, you grant NICE a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license to copy, distribute, publicly display, decompile, disassemble, reduce to human readable form, publicly execute, make available to the public, adapt, sub-license, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works of on the Learning Platform, and in other communication and information networks, platforms, applications, and services. You further waive all rights of attribution with respect to the use of your content.

NICE respects the intellectual property rights of others. If you believe that content published on the Learning Platform infringes your rights, you may contact Us by using the 'Contact Us'  form on the Learning Platform, and We will do Our best to provide a prompt response to your complaint.


DISCLAIMER OF WARRANTY

 
NICE PROVIDES THE LEARNING PLATFORM 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. NICE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LEARNING PLATFORM, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. NICE DOES NOT WARRANT THAT THE LEARNING PLATFORM 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 LEARNING PLATFORM IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

 

The content on the Learning Platform is not a substitute for professional or any other kind of advice or counsel. This is true especially and in particular for the content posted in communities and Blogs. Such content is not and should not be interpreted to be a substitute for professional advice or counsel. Such content may reflect a certain approach or the personal opinion of the writer. Therefore, it should be treated with caution. If you decide to rely upon the content posted on the Learning Platform or to act thereupon, you bear the full and sole responsibility for your action(s) and for any possible consequences.

LIMITATION OF LIABILITY


NICE, 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 DAMAGES OR ANY OTHER DAMAGES OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES OR PAYMENTS, WHETHER 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 LEARNING PLATFORM OR ANY OF THE SERVICES THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE LEARNING PLATFORM, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE LEARNING PLATFORM, OR FROM ANY COMMUNICATION WITH THE LEARNING PLATFORM OR WITH OTHER USERS ON OR THROUGH THE LEARNING PLATFORM, 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 LEARNING PLATFORM. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS OR MALFUNCTIONS, AND WILL DEPEND ON THE RELEVANT CIRCUMSTANCES.


Indemnification


You agree to indemnify, defend and hold harmless NICE, 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 NICE, 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 these Terms, the Agreement, or any other terms, rules or regulations applicable to the Learning Platform, or your violation or infringement of any other person’s rights.


Changes in the Learning Platform


From time to time, We may change the Learning Platform'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 Learning Platform depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements. None of these factors and elements are fault free. We do not warrant or guarantee that the Learning Platform will operate without disruption, errors or interruptions, or that it will be accessible or available at all times, immune from unauthorized access, or error free.

 

The Learning Platform is provided through Cornerstone product(s). You understand, acknowledge, and agree that all services, implementation, support, maintenance, and updating of the Cornerstone products are provided entirely by Cornerstone OnDemand Inc (“Cornerstone”) and not by NICE. In no event shall NICE be liable for the acts or omissions of Cornerstone or its Representatives directly or indirectly related to the provision, performance, implementation, support, maintenance, or updates of the Learning Platform. Customer Data may be provided to Cornerstone for the purposes of providing the Learning Platform. Cornerstone’s Terms of Use and Privacy Policy are incorporated by reference, and are located at https://nice.csod.com/phnx/driver.aspx?routename=Home/TermsOfService and https://www.cornerstoneondemand.com/client-privacy-policy, respectively. In the event of a conflict between the Cornerstone agreements and these Terms of Use, these Terms of Use shall govern.

Termination of operation


At all times, NICE may terminate the operation of the Learning Platform, or any part thereof, either temporarily or permanently. NICE will publish a termination notice prior to the termination of the Learning Platform. You agree and acknowledge that NICE does not assume any responsibility with respect to or in connection with the termination of the Learning Platform's operations and any loss of data that may result.


Amendments to these Terms


From time to time, NICE may change and update these Terms. If the change(s) or update(s) is/are substantial, NICE will  post a notification on the Learning Platform or applicable Service's homepage or on any other Learning Platform webpages that are relevant to such change(s) or update(s) and will use commercially reasonable efforts to post such notification prior to such change(s) or update(s) taking effect. You agree to be bound by any of the change(s) and update(s) made to these Terms, including change(s) and update(s) to any and all documents, forms and policies incorporated hereto. Continuing to use the Learning Platform will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must immediately cease any further use of the Learning Platform and Services.


Interpretation


The Section headings in these Terms are included for convenience only and will take no part in the interpretation or construction of these Terms.

 
Severability

Survival

The provisions of the Intellectual Property, Disclaimer of Warranty, Limitation of Liability and Indemnification Sections will survive the termination or expiration of these Terms or the termination of the Learning Platform's operation.


Correction of errors


We put great effort into ensuring the reliability of facts and information that We Post on the Learning Platform. However, errors may sometimes occur. If you think that any information or publication that We have Posted on the Learning Platform is erroneous, contact Us by using the
'Contact Us' form on the Learning Platform.


Contact Us


NICE respects the privacy and good reputation of the  users. If Posts or content published on the Learning Platform harms or offends you in any way, you may contact Us by using the
'Contact Us' form on the Learning Platform, and We will do Our best to provide a prompt response to your complaint.