Statement of Rights and Responsibilities
Welcome to www.Inktel.com. This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) represents the terms of service for Inktel Contact Center Solutions LLC and its subsidiary, and affiliates (“Inktel”) that governs our relationship with users and others who interact with (“Inktel”) at www.inktel.com. By using or accessing Inktel’s website, you agree to this Statement, as updated from time to time as the need arises.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use this site or Inktel’s associated applications.
Inktel may revise and update these Terms and Conditions at any time. Your continued usage of the Inktel Contact Center Solutions website and mobile applications will mean you accept those changes. This policy was last updated November 25th, 2016.
All users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the website and shall not perform, encourage or elicit any unlawful behavior when on Inktel’s website.
- General Compliance with Laws
All users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the website and shall not perform, encourage or elicit any unlawful behavior when on Inktel’s website.
- Sharing Your Content and Information
You own all of the content and information you post on Inktel’s website and you can control how it is shared through your privacy settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Inktel’s website.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless required by law).
- When you use an application to login to Inktel’s website the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. If you opt in to importing your phone address book for the purpose of inviting friends (which will be explicitly specified), we hold the right to invite those people to Inktel’s website. We will NOT do this merely if you login/register through Facebook/Twitter.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Inktel’s website, to access and use that information, and to associate it with you (i.e., your username and profile picture). We may use your publicly available information for specific marketing purposes, but we will not ever include your true name or email address.
- We always appreciate your feedback or other suggestions about Inktel’s website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- Professional Advice
- The contents of the Inktel Site, such as text, graphics, images, information obtained from Inktel’s licensors, and other material contained on the Inktel Site are for entertainment purposes only. The Content is not intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Always seek the advice of a qualified provider with any questions you may have regarding a serious life condition. Never disregard professional advice or delay in seeking it because of something you have read on the Inktel Site.
- Inktel does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Inktel, Inktel employees, others appearing on the Site at the invitation of Inktel, or other visitors to the Site is solely at your own risk.
- The Site may contain health- or medical-related materials that are medically graphic and/or sexually explicit. If you find these materials offensive, you should not use our Site.
We do our best to keep www.Inktel.com safe, but we cannot guarantee it. We need your help to keep Inktel’s website safe, which includes the following commitments by you:
- You will not collect users’ content or information, or otherwise access Inktel’s website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not post unauthorized commercial communications (such as spam) on Inktel’s website,
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Inktel’s website.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, manipulate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Inktel’s website to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Inktel’s website, such as a denial of service attack or interference with page rendering or other Inktel’s website functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on Inktel’s website that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Inktel’s website if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks or any confusingly similar marks, except with our prior written permission.
- You will not post anyone’s identification documents, personally identifiable information, or sensitive financial information on Inktel’s website.
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Inktel’s website or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Inktel’s website and protected by U.S. and international copyright laws. All software used on this site is the property of Inktel’s website or its software suppliers and protected by United States and international copyright laws.
- Inktel and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please immediately follow our reporting procedures and alert us.
- Copyright Infringement Notification
Inktel is committed to protecting the intellectual property of third parties. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. PLEASE do not make false claims! Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Finally, be aware that claimant information may be published on the Inktel site in place of disabled content.
Inktel’s Copyright Agent for notice of claims of copyright infringement on its site can be reached at firstname.lastname@example.org
Please note: If you do not receive a response within 72 hours, please contact us again, as your mail may have been inadvertently filtered.
- Copyright Counter Notifications
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of members who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that Inktel has removed or to which Inktel has disabled access.
- Your full name, address, telephone number, and email address, and the username of your UltiPro account.
- The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Inktel is located, and will accept service of process from the claimant.”
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Our preferred method of counter-notification submission is via email to email@example.com. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Inktel’s website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
- Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Inktel’s website.
- Please be aware that changes to the Statement of Rights and Responsibilities of the Inktel site also apply to the use of its associated applications.
- About Advertisements and Other Commercial Content Served or Enhanced by Inktel
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- Disclaimers and Limitation of Liability
Your use of Inktel’s website is at your own risk. Inktel makes no warranties or representations as to the materials, information, products, and services included on the website and assumes no liability or responsibility for any errors or omissions therein. Inktel expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose.
Inktel disclaims all warranties for any information or advice obtained through its website. Inktel disclaims all warranties for services or goods received through any links on the Website, as well as for any information or advice received through any such links.
To the fullest extent permitted by law, Inktel shall not be liable for any damages of any kind arising out of or related to the use of the website or any links on the website. In no event shall Inktel Contact Center Solutions or any Inktel entity be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including any claim of lost profits, arising out of, or in connection with, this Statement.
Inktel also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the website or your downloading of any materials from the website.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Inktel to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Inktel exclusively in the U.S. District Court for the Southern District of Florida or a Florida state court located in Miami-Dade County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Inktel, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Inktel and are not responsible for the content or information users transmit or share on Inktel’s website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Inktel’s website. We are not responsible for the conduct, whether online or offline, or any user of Inktel’s website.
- WE TRY TO KEEP INKTEL’S WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING INKTEL’S WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT INKTEL’S WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR- FREE OR THAT INKTEL’S WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. INKTEL’S WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR INKTEL CONTACT CENTER SOLUTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR INKTEL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INKTEL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Inktel’s website outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Inktel’s website (such as advertising or payments) or operate a Platform application or website. You will not use Inktel’s website if you are prohibited from receiving products, services, or software originating from the United States.
- This Statement makes up the entire agreement between the parties regarding Inktel Contact Center Solutions, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.