MyAIDSNexus as Guest

1

Definitions

In this agreement:

Content

means information in any form published on The Site by us or any third party with our consent.

Services

means any of the services we offer via the Site.

Site

means the entire computing hardware and software installation that is or supports The Site located at or pointed towards the URL www.myaidsnexus.org (including all other sub-domains of that URL from time to time).

Discussion Services

means those services (including any Content) provided by facilitated with the assistance of or managed by any user who applies to run a discussion on the Site.

2

Our agreement with you

2.1

Welcome to the Site. By visiting or using the Site you agree to be bound by these terms and our policy on Privacy. Do not use the Site of you do not agree to both these terms and our policy on Privacy.

2.2

In order to become a basic user of the Site please sign-up for the Services.

You may verify the Services available to basic users of the Site on the help page.

2.3

By using any of the Services you agree as follows:

(a)

Not to act as a reseller or otherwise seek to gain commercial benefit from being a provider any Services or of this Site;

(b)

(Without in any way releasing you from your obligations to us under these terms and conditions and our policy on Privacy) to ensure that individual users and User Organisations agree to be bound by and comply with terms and conditions no less onerous than these terms and conditions and our policy on Privacy;

(c)

Not to waive but to be bound by and to duly enforce against individual users and User Organisation those terms and conditions and the policy on Privacy referred to in the immediately preceding paragraph in the course of providing facilitating or managing Portal Services;

(d)

Not to incur any liability on our part;

(e)

Not to make any representation or warranty on our behalf of or pledge our credit or otherwise bind us;

2.4

The Services may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. AIDSPortal cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or donít want others to use, do not post it on the Service. AIDSPortal and AIDSPortal affiliates are not responsible for a memberís misuse or misappropriation of any content or information you post in any (and not limited to) forums, blogs and chat rooms. 

2.5

We do not file copies of our agreement with you. To save these terms to your desktop, please select ìsave asî from the ìfileî menu of your web browser.

2.6

We reserve the right to change these terms (and to charge for Services currently supplied free of charge) by posting changes on the Site. Please ensure you visit the Site to update yourself of any changes (which you deem to accept should your use of the Site continue following such changes).

3

Price and Payment

3.1

There is no charge made for these services. We reserve the right to make a charge for some or all of these services at a later date. You will be noticed of any plans to charge for Services and have the option to opt out.

4

Information you give us

4.1

4.2

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.

You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

5

Taxes duties and laws

5.1

We have no knowledge of, and no responsibility for, the laws in your country of residence.

5.2

(Insofar as the same relate to you) you are responsible for compliance with all applicable laws in relation to your use of the Site and the Services and the payment of duties and taxes of any kind levied in your country of residence on the Services.

6

Your Obligations to us

6.1

You may use the Site and the Services for the purpose of communicating and collaborating with other individual Site users and User Organisations provided the same shall in each case and at all times be in furtherance of the purposes of AIDSPortal.

6.2

You must keep your username and password safe and confidential.

6.3

You will not do anything which might affect ownership of any intellectual property rights of ours or any third party in the Site or the Content any name selected by you to provide Services or any other submission made to the Site save as authorized by these terms.

6.4

You will not post or submit any information to the Site which is not lawful truthful decent or accurate.

6.5

Except in relation to Personal Data, where you make any submission to The Site it will be considered to have been submitted free of any obligation of confidence to the fullest extent permissible by law.

6.6

By making any submission of Content email or any other materials to the Site (submission) or otherwise you hereby warrant with full title guarantee in each case that;

(a)

You have the right to make such submission available without infringing the rights of any third party and you may lawfully grant us the license set out in clause 6.7;

(b)

That the submission is not defamatory;

(c)

That the submission is lawful;

(d)

That the submission is not derogatory and will not threaten the safety of any person;

(e)

That you will indemnify us (including without limitation all legal fees and VAT) incurred by us as a result of any breach of the above warranties (a) to (d) inclusive;

(f)

That you waive all moral rights you may have in each such submission to the extent necessary pursuant to clause 6.7;

(g)

That all metadata used to identify and manage access to any Content submitted or made available by you shall not be used by you without the prior express consent of AIDSPortal;

6.7

By submitting content, you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by AIDSPortal in any context, including:

(a)

to lawfully use the submission to provide Services and facilitate access to Content forming part of your submission; and

(b)

to promote the Services and the Content and ourselves (in connection with which you authorise us to use your name) without compensation to you.

6.8

Without being under any obligation to do so, we (on behalf of ourselves and any providers of Services) reserve the right to moderate accept reject or compile recommendations of any submissions of Content in our absolute discretion without ascribing any reason and (to the fullest extent permissible by law) without liability to the party submitting the same and to review and delete any submissions of Content or otherwise made by you to The Site which infringe these terms.

6.9

You will not;

(a)

Defame, abuse, harass, threaten or otherwise violate the legal rights of others (including the laws of confidence).

(b)

Publish, post, upload, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful topic, name, content, material or information.

(c)

Upload files that contain software or other material protected by intellectual property laws (or by the laws of confidence) unless you own or control the rights thereto or have received all necessary consents.

(d)

Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

(e)

Advertise or offer to sell any goods or services or otherwise use the Site for any commercial purpose.

(f)

Conduct or forward commercial surveys, contests, pyramid schemes or chain letters.

(g)

Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

(h)

Restrict or inhibit any other user from using and enjoying the Services.

(i)

Submit disruptive unlawful abusive or objectionable postings to The Site or other users of The Site.

(j)

Submit spam to The Site or other users of The Site or take any steps in relation to The Site or the Content intended to facilitate spamming.

(k)

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

(l)

Modify the Contents or frame or deep link or link the Site to any other website or data scrape or otherwise collect or use email addresses or member details.

(m)

Submit any posting or upload any content that infringes the intellectual property rights of any third party.

(n)

Attempt to use The Site or the Services if your use has been suspended.

(o)

Use The Site for any unlawful purpose.

(p)

Post any off – topic comments in any chat room or forum accessible via The Site.

(q)

Impersonate any person via The Site.

(r)

artificially inflate or alter reviews, comments, or any other Service, including by way of creating separate user accounts for the purpose of artificially altering Services; giving or receiving money or other remuneration in exchange for reviews; or participating in any other organized effort that in any way artificially alters the results of Services)

(s)

Otherwise Infringe the rights of any third party or their ability to use The Site.

6.9

Certain Services may be available through RSS feed or a widget posted on a 3^rd party site. The Services may also provide links to other World Wide Web sites or resources. Because AIDSPortal has no control over such sites or resources, you acknowledge and agree that AIDSPortal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AIDSPortal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

6.10

Certain Services may be available via your mobile phone or accessible on your mobile phone through a downloadable application (Mobile Services). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MyAIDSNexus account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.

6.11

"Applications" are Services that can be added to MyAIDSNexus by a third party. By using an application, you agree to the Application Terms of Use.   MyAIDSNexus applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any MyAIDSNexus Application, reproduce or modify any MyAIDSNexus Application, or use any MyAIDSNexus Application for any commercial purpose, you must obtain AIDSPortalís prior written consent.

6.11

We operate a complaints policy. Please report any suspected breaches of these terms to info@aidsportal.org and we will investigate the alleged breach.

7

Special Provisions Applicable to Developers of Services

By  developing applications, products or services for use on MyAIDSNexus, or downloading, implementing, or otherwise using the Nexus APIs or Nexus application source code (as defined in the developer terms), you acknowledge that you have read, understand and agree to be bound by these Third Party Application Developer Terms of Services (Applicator Developer Terms), including any further modifications.  The Applicator Developer Terms are available here.

8

Cancellation and termination

8.1

You may terminate your membership at any time — to do so contact info@aidsportal.org.

8.2

We may terminate your membership and access to Our Services at any time on reasonable notice, or immediately if you have breached these terms or our policy on Privacy. We may also block you account, your ability to submit Content, delete or prevent publication of your profile and any Content you submit, or block your access to the Services, in whole or in part in each case.

9

Disclaimers

NOTE

9.1

The Site and Services including the services of our third party service providers, are provided AS IS and AS AVAILABLE. All warranties arising in relation to the Site or its content, including without limitation, your use of and/or access to the Site are to the extent permissible by law excluded including warranties implied by law relating to reasonable quality fitness for purpose non infringement security and accuracy.

9.2

We do not indorse the opinion accuracy statements of member submitted Content in any way and you rely upon the same at your own risk and acknowledge that the provision of any Services by us (including Portal Services) does not constitute any endorsement or approval on our part nor any waiver on our part of our rights under these terms and our policy on Privacy.

9.3

Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our proven negligent act or omission. Fraud or any other liability that may not be excluded or limited by law;

9.4

All liability on our part for any consequential or indirect loss or damage however it is caused whether in contract tort by statute or otherwise including (without this being an exhaustive list) loss of profits, loss of revenue, loss of contracts, loss of operation or production, loss of anticipated savings and loss of data which arises as a result of the use or failure to be able to use The Site and/or the Services is to the fullest extent permissible by law hereby excluded.

9.5

The internet is an open medium. You accept that any information submitted or posted to The Site is remitted at your own risk and we can accept no liability for breaches of confidentiality or other losses suffered by you as a result of third party access being obtained to information you send over the internet.

9.6

The Site may operate as a referral site to other sites, advertisements promotions or otherwise. We can accept no responsibility for any dealings you have with or any losses suffered by you as a result of your dealings with any third party sites accessed as a result of your use of the Site. We accept no responsibility for any links to such third party sites, and do not endorse their content. Where you access any site in this manner you hererby agree to be bound by the terms and conditions of that referral site in addition to these terms.

9.7

We or our Content suppliers may make improvements repairs or changes to The Site, the Content, or to any of the Services, at any time and without advance notice and we may suspend the provision of the Site or any Services for such purposes.

9.8

You are advised that Content may include technical inaccuracies or typographical errors.

9.9

We give no warranty and make no representation, express or implied, as to:

(a)

the adequacy or appropriateness of the Services for your purpose;

(b)

the truth of any information given on The Site;

(c)

compatibility of The Site with your equipment software or telecommunications connection;

(d)

compliance with any law;

(e)

non-infringement of any right;

(f)

Failure of email including loss or misrouting;

(g)

The security of any material hosted on our servers or yours;

(h)

Freedom of the Services from errors or interruptions;

(i)

Any failure to back up store or preclude access to any data whether in relation to email Content or any other Services;

(j)

The availability or lawful use of sub domain names email addresses or aliases;

9.11

We reserve the right to terminate the Services at any time on immediate notice without ascribing any reason to the fullest extent permissible by law.

10

System Security

10.1

You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of The Site;

10.2

you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of The Site, or any software used on The Site, and that you will not permit any other person to do so.

10.3

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10.4

Examples of violations are:

(a)

accessing data unlawfully or without consent;

(b)

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

(c)

attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

(d)

forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(e)

taking any action in order to obtain Services to which you are not entitled.

10.5

You agree to indemnify us against any claim or demand, including reasonable lawyersí fees, made by any third party due to or arising out of:

(a)

any violation of system security as set out above;

(b)

your use of The Site;

(c)

any other breach or violation of this agreement by you;

(d)

the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

11

Contractual Limitation

11.1

Where we provide Services, or parts of Services, without specific charge, then it (or they) is deemed to be provided free of charge.  Accordingly, there is no contractual nor other obligation upon us in respect of any such Services.

11.2

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind AIDSPortal in any respect whatsoever

12

Rights of third parties

12.1

Nothing in this agreement or on the Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

13

Severability

13.1

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14

No Waiver

14.1

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15

Dispute Resolution

15.1

In the event of a dispute arising out of or in connection with these terms you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

16

Force majeure

16.1

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

17

Assignment

17.1

You are not entitled to assign the benefit or the burden of these terms. We may assign the benefit and/or sub contact any or all our obligations hereunder.

18

18.1

18.2

Permissions based marketing and unsolicited correspondence

By signing up for the Services, you give us permission to contact you in direct relation to the Service and your user account. 

We adhere to permissions-based marketing.  All email marketing related to the Service (such as, but not limited to, alerts and newsletters) are on an opt-in basis.  We will always identify ourselves in email correspondence with you, and provide a valid address to opt-out if you decide that you no longer wish to receive email marketing related to the Service. 

Spam is considered unsolicited commercial email (UCE), junk mail or bulk mail that has not been requested by the recipient.  You understand that is a breach of these terms and conditions to spam containing an AIDSPortal email address as the From or Reply-to address.  AIDSPortal email addresses include any e-mail address ending in @aidsportal.org.

19

Governing Law and language

19.1

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Services, the application of which is hereby expressly excluded.

19.2

These terms are available in English.