1. ACCEPTANCE OF TERMS
Welcome to the Voices for Vaccines (VFV) Website. VFV provides its service to you, subject to the following Terms of Service (TAC), which may be updated from time to time without notice to its users. When using particular site services, users and VFV shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TAC.
2. DESCRIPTION OF SERVICE
VFV provides users with access to a rich collection of online resources, including various communications tools, forums, and educational content (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TAC. You understand and agree that the Service is provided “AS-IS” and that VFV assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web (WWW), either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the WWW, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
If you are part of VFV’s advocate membership and In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself if prompted by the Service’s registration form (such information being the “Advocate Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or VFV has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VFV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. VFV is concerned about the safety and privacy of all its users.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not VFV, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Whereas VFV does control the Content posted via the Service and, as such, VFV cannot always guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will VFV be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm others in any way;
c. impersonate any person or entity, including, but not limited to, VFV staff and volunteers, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “stalk” or otherwise harass another user; or
l. collect or store personal data about other users.
You acknowledge that VFV does pre-screen some Content, and that VFV and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, VFV and its designees shall have the right to remove any Content that violates the TAC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by VFV or submitted to VFV, including without limitation information in all parts of the Service.
You acknowledge and agree that VFV may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of VFV website, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
VFV does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant VFV the following world-wide, royalty-free, and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of VFV’s Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service will be used solely for the purposes of providing and promoting VFV to which such Content was submitted or made available.
With respect to phoTAC, graphics, audio, or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service will be used solely for the purpose for which such Content was submitted or made available.
With respect to Content other than phoTAC, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, VFV holds the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the VFV website that are intended by VFV to be available to the general public. By way of example, publicly accessible areas of the Service would include portions of the national Website that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of the VFV Website that are limited to members only, VFV services intended for private communication such as private electronic mail or areas off of the VFV website such as portions of World Wide Web that are accessible through the VFV website, but are not hosted or served by VFV.
You agree to indemnify and hold VFV, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, employees, and volunteers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that VFV may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that VFV has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that VFV reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VFV reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
VFV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VFV shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that VFV, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if VFV believes that you have violated or acted inconsistently with the letter or spirit of the TAC. VFV may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TAC may be effected without prior notice, and acknowledge and agree that VFV may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that VFV shall not be liable to you or any third party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VFV has no control over such sites and resources, you acknowledge and agree that VFV 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 VFV 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.
14. VFV PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an “as-is” and “as-available” basis. VFV expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. VFV makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from VFV or through or from the service shall create any warranty not expressly stated in the “TAC.”
16. LIMITATION OF LIABILITY
You expressly understand and agree that VFV shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if VFV has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you.
Notices to you may be made either via email or regular mail. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to you generally on the Service.
19. TRADEMARK INFORMATION
VFV, the VFV logo, and product and service names are trademarks of VFV (the “VFV Marks”). Without prior permission from VFV, you agree not to display or use in any manner the VFV Marks.
20. COPYRIGHTS AND COPYRIGHT AGENTS
VFV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VFV the following information (“Notice”):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. 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 are authorized to act on the copyright owner’s behalf.
VFV for Notice of Claims of copyright infringement can be reached as follows:
Voices for Vaccines
330 W. Ponce de Leon Ave.
Decatur, GA, 30030
21. GENERAL INFORMATION
The TAC constitute the entire agreement between you and VFV and govern your use of the Service, superseding any prior agreements between you and VFV. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TAC and the relationship between you and VFV shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and VFV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, state of Missouri, United States. The failure of VFV to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TAC are for convenience only and have no legal or contractual effect.
Please report any violations of the TAC by contacting Voices for Vaccines (404) 924-8228 / [email protected]