By accessing, viewing, downloading or otherwise using MalariaWorld or any webpage or feature available through MalariaWorld, any information provided as part of the MalariaWorld services, or any related emails, blogs, forum, poll, newsletters or services (hereinafter collectively “MalariaWorld” or the “Services”), or by registering you become a MalariaWorld user (“User”). If you do not want to become a User, do not conclude the registration, do NOT sign up with MalariaWorld and do not access, view, download or otherwise use any MalariaWorld platform page, information or services.
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first -rate Internet for the malaria community around the world. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
1. Your Obligations — What You Must Do Comply with: You must comply with the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
- DOs and DON’Ts
- Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
- Other Notices
1.2. Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from MalariaWorld; (c) are not a direct competitor of MalariaWorld; (d) do not have more than one MalariaWorld account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to MalariaWorld, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
1.3. Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (firstname.lastname@example.org), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your MalariaWorld account or any information therein to another party or charging anyone for access to any portion of MalariaWorld, or any information therein.
1.4. Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to MalariaWorld or (c) any activity in which you engage on or through the MalariaWorld.
1.5. Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
1.6. Forums/Blogs/Polls/Chat Rooms: MalariaWorld may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. MalariaWorld 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 don’t want others to use, do not post it on the Service. MALARIAWORLD AND THE MALARIAWORLD AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS, POLLS, COMMENTS, AND MESSAGES.
3. Our Rights and Obligations — What We Must And May Do The purpose of MalariaWorld is to provide a service to facilitate professional networking among Users throughout the world in line with the MalariaWorld mission (see ‘about us’). It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.
For as long as MalariaWorld continues to offer services, MalariaWorld shall provide (and seek to update, improve and expand, in similar and different new ways) the MalariaWorld platform and service with the purpose of providing all members with professional networking connectivity, through MalariaWorld’s proprietary tools, rules and protocols which MalariaWorld may update, improve, discontinue and change at any time, at MalariaWorld’s sole discretion.
Any other use of MalariaWorld (such as seeking to connect to someone a User does not know or to use MalariaWorld as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement. We allow you to access MalariaWorld as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement.
We may modify, replace, refuse access to, suspend or discontinue MalariaWorld, partially or entirely. All of these changes shall be effective upon their posting on our site or by email communication to you.
We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MalariaWorld and all related items. MalariaWorld reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, MalariaWorld has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
MalariaWorld may include or automatically produce links to third party web sites (“Third Party Sites”). MalariaWorld is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. MalariaWorld may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave MalariaWorld and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
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.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MalariaWorld, the MalariaWorld Affiliates, its Users and the public. MalariaWorld may limit the number of connections you may have to other
Users and prohibit you from contacting other Users through use of the Services. You are solely responsible for your interactions with other members. MalariaWorld reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if MalariaWorld determines, in its sole discretion, that doing so is prudent.
4. Disclaimer . SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON MALARIAWORLD, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR MALARIAWORLD AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MALARIAWORLD OR ANYTHING RELATED TO MALARIAWORLD, YOU MAY LEAVE MALARIAWORLD AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. MALARIAWORLD IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MALARIAWORLD TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. MALARIAWORLD MAY, UPON ITS SOLE DISCRETION, VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, AND MAY MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; NEVERTHELESS, MALARIAWORLD DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. MALARIAWORLD DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. MALARIAWORLD DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MALARIAWORLD DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MALARIAWORLD SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO MALARIAWORLD.
5. Limitation of Liability
. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither MalariaWorld nor any of its content providers, volunteers, employees, or directors (“MalariaWorld Affiliates”) shall be liable for (1) any damages in excess of five times the amount you were charged for services (e.g. advertisements), if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from MalariaWorld even if MalariaWorld is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
• apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
• not apply to any damage that MalariaWorld Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
6. Termination . You may terminate this Agreement, for any or no cause, at any time, with notice to MalariaWorld which shall be effective upon MalariaWorld processing such notice. MalariaWorld may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your MalariaWorld account includes disabling your access to MalariaWorld (including any content you submitted or others submitted) and may also bar you from any future use of MalariaWorld. In furtherance and without limiting the foregoing, MalariaWorld has adopted a policy of terminating, in appropriate circumstances and at MalariaWorld’s sole discretion, members who are deemed to be repeat infringers under the Netherlands Copyright Act. MalariaWorld may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Consequences of Termination. Upon termination, you lose access to MalariaWorld. The terms of this Agreement shall survive any termination.
8. Dutch Law and Arbitration Choice of Law: The Agreement and any disputes with us or any MalariaWorld Affiliate arising out of or relating to the Agreement or MalariaWorld (“Disputes”) shall be governed by Dutch law.
9. General Terms Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
10. Notices: We may notify you via postings on www.malariaworld.org, and via email or any other communications means to contact information you provide to us. You may also notify us via email at email@example.com or via mail or courier; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
11. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
12. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.malariaworld.org or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 6 hereof.
13. No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any MalariaWorld Affiliate shall be deemed legally binding on any MalariaWorld Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of MalariaWorld.
14. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
15. Beneficiaries: MalariaWorld Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
16. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, MalariaWorld for any third party that assumes our rights and obligations under this Agreement.
17. Complaints. Regarding copyright infringement complaints or content-related complaints, contact firstname.lastname@example.org.
18. MalariaWorld User DOs & DON’Ts. As a condition to access MalariaWorld, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
• comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
• provide accurate information to us and update it as necessary;
• review the Privacy and Copyright Policy;
• review and comply with notices sent by MalariaWorld concerning MalariaWorld;
• duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit MalariaWorld (excluding content posted by you) except as permitted in the User Agreement;
• reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide MalariaWorld, or any part thereof;
• include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
• utilize information, content or any data you view on and/or obtain from MalariaWorld to provide any service that is competitive, in MalariaWorld’s sole discretion, with MalariaWorld;
• imply or state, directly or indirectly, that you are affiliated with or endorsed by MalariaWorld unless you have entered in to a written agreement with MalariaWorld;
• adapt, modify or create derivative works based on MalariaWorld or technology underlying the Services, or other Users’ content, in whole or part;
• rent, lease, loan, trade, sell/re-sell access to MalariaWorld or any information therein, or the equivalent, in whole or part;
• access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
• use automated methods to add contacts, send messages or other permitted activities;
• access, via automated or manual means or processes, MalariaWorld for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
• engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of MalariaWorld’s website;
• attempt to or actually access MalariaWorld by any means other than through the interface provided by MalariaWorld;
• attempt to or actually override any security component included in or underlying MalariaWorld;
• engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
• remove any copyright, trademark or other proprietary rights notices contained in or on MalariaWorld, including those of both MalariaWorld or any of its licensors;
• remove, cover or otherwise obscure any form of advertisement included as part of MalariaWorld;
• use any information obtained from MalariaWorld to harass, abuse or harm another person;
• collect, use or transfer any information, including but not limited to, personally identifiable information obtained from MalariaWorld except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
• interfere with or disrupt MalariaWorld, including but not limited to any servers or networks connected to MalariaWorld, or disobey any requirements, procedures, policies or regulations of networks connected to the MalariaWorld;
• invite people with whom you have no prior relationship to join your network;
• upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
• use or attempt to use another's account without authorisation from MalariaWorld, or create a false identity on MalariaWorld;
• infringe or use MalariaWorld’s brand, logos and/or trademarks, including, without limitation, using the word “MalariaWorld” in any business name, email, or URL or including MalariaWorld’s trademarks and logos on any website without prior written authorisation;
• upload, post, email, transmit or otherwise make available or initiate any content that:
• falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
• is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
• includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by MalariaWorld;
• includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using MalariaWorld invitations to send messages to people who don’t know you or who are unlikely to recognise you as a known contact; (b) using MalariaWorld to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission;
• contains software viruses or any other computer code, files or programmes that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of MalariaWorld or any User of MalariaWorld;
• forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
• adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
19. Claims Regarding Copyright Infringement. Each User grants MalariaWorld a license to use the content supplied by each such User for the purposes of disclosure on the MalariaWorld website.
This license includes, inter alia, the right for MalariaWorld to reproduce, represent, adapt, translate, digitise, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of MalariaWorld and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorises MalariaWorld to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of MalariaWorld for any purpose other than for those purposes strictly related to use of the MalariaWorld services for personal purposes.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide MalariaWorld the following information:
• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
• MalariaWorld may remove or disable access to the material that is alleged to be infringing;
• MalariaWorld may forward the written notification to such alleged infringer; and
• MalariaWorld may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter- notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with MalariaWorld.
To be effective, a Counter-Notification must be a written communication provided to MalariaWorld for Notice that includes the following information:
• A physical or electronic signature of the alleged infringer;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the alleged infringer has 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; and
• The alleged infringer’s name, address, and telephone number.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
• MalariaWorld may promptly provide you with a copy of the Counter- Notification;
• MalariaWorld may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
• MalariaWorld may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.