This Agreement, which incorporates by reference other provisions applicable to use of MedicineAfrica.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in MedicineAfrica.com, sets forth the terms and conditions that apply to use of MedicineAfrica.com by User. By using MedicineAfrica (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use MedicineAfrica.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
MedicineAfrica shall have the right at any time to change or discontinue any aspect or feature of MedicineAfrica.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Changed Terms MedicineAfrica shall have the right at any time to change or modify the terms and conditions applicable to User's use of MedicineAfrica.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on MedicineAfrica.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of MedicineAfrica.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES Through its Web property, MedicineAfrica provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Equipment User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of MedicineAfrica.com and all charges related thereto.
User shall use MedicineAfrica.com for lawful purposes only. User shall not post or transmit through MedicineAfrica.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MedicineAfrica 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MedicineAfrica 's discretion restricts or inhibits any other User from using or enjoying MedicineAfrica.com will not be permitted. User shall not use MedicineAfrica.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MedicineAfrica .
MedicineAfrica.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MedicineAfrica.com are copyrighted as a collective work under the United Kingdom copyright laws. MedicineAfrica owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MedicineAfrica and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on MedicineAfrica.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of MedicineAfrica.com, User automatically grants, or warrants that the owner of such material has expressly granted MedicineAfrica the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants MedicineAfrica the right to edit, copy, publish and distribute any material made available on MedicineAfrica.com by User.
The foregoing provisions of Section 5 are for the benefit of MedicineAfrica, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as 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.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
MedicineAfrica has no obligation to monitor the Communication Services. However, MedicineAfrica reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. MedicineAfrica reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. MedicineAfrica reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MedicineAfrica's sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. MedicineAfrica does not control or endorse the content, messages or information found in any Communication Services and, therefore, MedicineAfrica specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized MedicineAfrica spokespersons, and their views do not necessarily reflect those of MedicineAfrica. MedicineAfrica does not support the support, promote or recommend any of the tests, doctors, opinions or interventions presented by any of its users. The text, chat, images and other material contained on MedicineAfrica do not replace clinical decision as executed by a health care practitioner and are for information only. Opinion should always be sought from healthcare providers outside of MedicineAfrica. As such, users are not permitted to advise, diagnose, or treat other users of this Site. Users accessing the content of MedicineAfrica are fully responsible for the use of the information and agree that MedicineAfrica is not responsible or liable for any claim, loss, or damage arising from the use of the information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY If any of the Services requires User to open an account, User must complete the registration process by providing MedicineAfrica with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify MedicineAfrica immediately of any unauthorized use of User’s account or any other breach of security. MedicineAfrica will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by MedicineAfrica or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE Any software that is made available to download from the Services ("Software") is the copyrighted work of MedicineAfrica and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MedicineAfrica HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, MedicineAfrica MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MedicineAfrica DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
MedicineAfrica requires that all Patient does not allow the introduction of Patient Personal Information, although clinical case content and description may provide some information about patient charateristics to better define the clinical case. The Materials provided through the Site may enable You to transmit, store, review or receive confidential patient information ("Patient Information"). Countries and regional laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Site, the Materials and any third party site. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND THE MATERIALS ON THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR R RESTRICT ACCESS TO MEDTING) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
CHAT ROOM AGREEMENT
By entering and participating in the MedicineAfrica live workspace ("chat room") you agree to the following terms and conditions of participation. These terms and conditions are contractually binding upon you and you agree to each of them.
You enter and participate in the chat room and gain access to the materials contained thereon at your own risk.
We do not monitor or screen communications on the Chat Room and we are not responsible for any material that any chat room participant posts and we do not assume the responsibility to do so.
We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the chat room. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the chat room.
We do not endorse or lend any credence for any statements that are made by any participant in the chat room.
You are fully responsible for your own statements and materials that you post in the chat room and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
Any opinions or views expressed by chat room participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
In the event that we are notified by any party that any communications contained in the chat room or any parties participation in the chat room is contrary to these terms of chat room access, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from the chat room. We have no liability or responsibility to investigate or remove any content from the chat room based upon a complaint or otherwise.
As a participant in the chat room, you agree that we may remove any materials from the chat room for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the chat room or from the discontinuance of the chat room at any time.
We have the right to remove, expel, or disqualify any party from participation and access to the chat room for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
We reserve the right to terminate the chat room at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
You agree that you will not (i) use the chat room for any illegal purpose, (ii) place any material in the chat room that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (iii) place any material in the chat room that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person, (iv) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the chat room, (v) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the chat room, (vi) pretend to be another person that you are not, (vii) place materials in the chat room that are disruptive or off-topic.
By accessing the chat room and placing any information in the chat room, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
You grant to others who access the chat room a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party accessing the chat room.
The Internet is an amazing tool. It has the power to change the way we live, and we're starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It's important to MedicineAfrica to help our customers retain their privacy when they take advantage of all the Internet has to offer.
We believe your business is no one else's. Your privacy is important to you…and to us. So we'll protect the information you share with us. To protect your privacy, MedicineAfrica follows different principles in accordance with worldwide practices for customer privacy and data protection.
We won’t sell or give away your name, mail address, phone number, email address, credit card number or any other information to anyone.
We’ll use security measures to protect your information from unauthorized users.
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:
To make the site easier for you to use by not having to enter information more than once.
To help you quickly find software, services or information.
To help us create content most relevant to you.
To alert you to product upgrades, special offers, updated information and other new services from MedicineAfrica.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding MedicineAfrica products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from MedicineAfrica.
MedicineAfrica occasionally allows other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:
View and edit personal information you have already given us.
Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.
Sign up for electronic newsletters about our services and products.
Register. Once you register, you won't need to do it again. Wherever you go on MedicineAfrica, your information stays with you.
MedicineAfrica has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Third parties may access information about your name, speciality and job position. Other registrants will be able to access any information that you place on your profile.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you're utilizing a secure server software SSL, which encrypts your personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.
MedicineAfrica strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the United Kingdom or any other country where MedicineAfrica, its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
NOTICE TO PARENTS
Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.
What we do with the information you share
When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.
We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
MedicineAfrica will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MedicineAfrica or the site; (b) protect and defend the rights or property of MedicineAfrica and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of MedicineAfrica, its Websites, or the public.