Terms of Use

LEGAL NOTICE

This legal notice (sometimes referred to as “these terms of use”) should be read carefully by you before any use of hivsharespace.net (“SHARE”) or submitting any information to SHARE.

All information available at or through SHARE are for informational purposes only. At no time should any such information be construed as medical advice by SHARE, and no doctor-patient relationship is formed as a result of the use of SHARE or any of its information.  None of the information made available at or through SHARE is a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a qualified health provider about any medical concerns or conditions. Never disregard professional medical advice or delay seeking it because of SHARE or any of the information available at or through SHARE.

In the event you disagree with any term or condition of these Terms of Use or the privacy policy posted at www.hivsharespace.net/privacy-policy (the “Privacy Policy”), you should immediately stop using SHARE. Should you use SHARE other than to review these Terms of Use or the Privacy Policy, such use shall be deemed your agreement with these Terms of Use. It is your responsibility to periodically review these Terms of Use and the Privacy Policy, each as amended from time to time and posted to SHARE, to ensure your awareness of the then current terms and conditions applicable to SHARE.

Ownership Information.  SHARE, including, but not limited to, all webpages, domain names, architecture, servers, software, processes, intellectual property (e.g., without limitation, trademarks and logos), and intellectual property rights currently or hereafter comprising or on which SHARE is operated, are owned exclusively by the U.S. Agency for International Development ("USAID"), its contractor Panagora Group LLC, a Maryland limited liability company (“Company”), and/or certain third-party content providers (hereafter, individually or collectively, “Owner”).  Company may make improvements and/or changes to SHARE’s features or functionality at any time, in Company’s sole discretion, and without advance notice to you or anyone else.  All rights are reserved.

All text, images, graphics, photographs, videos, audio, data, data compilations, information, and materials published on SHARE (collectively, the “Content”), as well as the “look and feel” of SHARE (e.g., color combinations, button shapes, layout, and all other graphical and navigational elements used on SHARE), all intellectual property rights associated therewith, and all communications with Company are owned exclusively by Owner.  The Content and the "look and feel" of SHARE shall be subject to change at any time, in Company’s sole discretion, and without advance notice to you or anyone else.  All rights are reserved.

Copyright Notice. The information authored by USAID or Company and published on SHARE is considered public information and may be reproduced, distributed, or republished freely.  Company requests that SHARE be cited as the source of the information and any photo credits or bylines be credited to the noted photographer or author. If a copyright notice is indicated on a photo or other item, permission to copy or further publish or distribute these materials must be obtained from the specified source.  Information, images, videos, audio, or other content available through links found on SHARE or on websites other than SHARE may not be reproduced, distributed, republished, or adapted freely without permission from the source or the author.

The information provided on or through SHARE is not official U.S. Government information and does not represent the views or positions of USAID or the U.S. Government. The views and opinions of authors published to SHARE are strictly the views and opinions of their authors.

Access to SHARE.  Access to SHARE, your account on SHARE, MYSHARE, any of the Content, or any link to third-party information may be conditioned, limited, suspended, delayed, or terminated in whole or in part at any time without advance notice to you or anyone else and for any reason whatsoever.  Company may also condition, limit, suspend, delay, or terminate any component, content, or functionality of SHARE at any time without advance notice to you or anyone else and for any reason whatsoever.

Use of SHARE.  SHARE is intended to serve as a web-based library for public health information (the “Permitted Purpose”).  For example, you may use SHARE and the Content for learning about HIV and AIDS issues in South Africa.  The availability of SHARE or your ability to access it may be modified or terminated at any time.

At all times, your use of SHARE or any of the Content must be lawful.  “Use” shall include, but not be limited to, visiting any webpage on SHARE, creating or submitting to SHARE any information necessary to create an account, communicate with Company, or post to a blog or discussion group, and reviewing or downloading any of the Content for any reason.

You may create text hyperlinks to SHARE for noncommercial purposes provided such links do not portray SHARE or any Owner in a false, misleading, or defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. If you link to SHARE, please let us know. 

MYSHARE.  If you elect to use MYSHARE, you will have to create an account according to SHARE’s instructions.  You and each user that you authorize to use your account are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You are solely responsible for all activities that occur under your account.

Prohibited Conduct.  You may not (i) use, remove, or alter, or cause to be used, removed, or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend applicable to the Content or SHARE, (ii) engage in any sale or commercial use of SHARE, the Content, or any communication from any Owner, (iii) exploit for any purpose SHARE, any component thereof, or the Content, in whole or in part, without the express written consent of Company, (iv) systematically track any visitor or user of SHARE, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from SHARE, or (v) use SHARE, any component thereof, or any of the Content for any purpose that infringes the rights of any Owner or others, threatens, harasses, deceives, or is abusive or defamatory of any Owner or others, causes or introduces one or more viruses or malware to SHARE, or violates the terms of these Terms of Use or applicable law. You may not use SHARE or the Content for any reason other than as related to the Permitted Purpose.  

Links; No Endorsement.  SHARE may contain one or more hypertext links to third-party websites.  These links are provided solely as a convenience. Documents available for download from SHARE may contain hypertext links or pointers to information created and maintained by other public and private organizations, also provided for your convenience. The inclusion of links on SHARE or in downloadable documents is not an endorsement or recommendation by any Owner of the linked third-party websites or information, any author, viewpoint, or sponsor of such third-party websites or information, or the product or services of the third party.  Third-party websites may not comply with the Privacy Policy and may violate your intellectual property rights, privacy rights, or publicity rights or those of third parties. Company has no control over third-party websites or their content, products or services, and Company will not be responsible for any injury or damage resulting from them.  You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

Submissions.  You can submit suggestions, ideas, or materials (collectively “Ideas”) to Company for SHARE so long as all submissions are lawful and do not infringe the rights of any third party. You can post comments to a blog or discussion group on SHARE (collectively “Comments”) so long as the Comments are not false, misleading, or defamatory, or  contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. Ideas and Comments are entirely voluntary, non-confidential, gratuitous, and non-committal. Do not submit Ideas or Comments if you expect to be paid, want to continue to own or claim rights in them, or want them to be kept private or confidential. Company reserves the right to reject, not use, or delete all or part of any Idea or Comment for any reason at any time.  

Applicable Law; Jurisdiction.  It is impractical, if not impossible, for USAID or Company to have knowledge of all laws applicable to SHARE or its visitors and users. You are solely responsible for informing yourself of all laws applicable to your use of SHARE and the Content. If your use of SHARE,  any of the Content, or any link or third-party website or content violates the laws of the place where they are accessed by you or where you reside, you should immediately cease and desist all such use and inform Company.  Unless required otherwise by the jurisdiction in which you reside, these Terms of Use and the Privacy Policy shall be governed by the laws of the State of Maryland, U.S.A. without regard to its conflict of laws principles, and the courts of Maryland shall have exclusive jurisdiction over all actions.

Disclaimer; limitation of liability. Neither USAID nor company makes any representation, warranty, or guaranty concerning the legality, reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of SHARE, any of the content, or any link or third-party website or content, or that share, the content, or any link or third-party website or content: (1) does not infringe the title, rights, or interests of you or any person or violate the rights or interests of you or any person, (2) will be secure, timely, uninterrupted, or error free, (3) will meet your requirements or expectations, (4) complies with law, or (5) will be free of viruses or other malware or harmful conditions. To the maximum extent permitted by applicable law, company hereby disclaims all express or implied warranties, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.  SHARE and all of the content and every link and third-party website or content are provided strictly “as is”.  Under no circumstances shall USAID or company be responsible for the statements, comments, ideas, acts, or omissions of you or any third party.

To the maximum extent permitted by applicable law, neither company nor any of its affiliates, nor any of their respective owners, directors, employees, agents, or representatives (collectively, the "Company parties"), nor USAID, shall be liable for any injury or damage incurrred by you or any person for any reason, including, but not limited to, any consequential or incidental damages, lost revenue, profits, or business, or punitive or special damages, whether or not the damages were foreseeable or company was advised of the possibility of such damages, and the maximum, aggregate liability of the company parties and/or USAID with respect to all claims by you shall be U.S. Ten dollars (U.S. $10.00).  

Because some jurisdictions do not allow the exclusion of warranties or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you.

Entire Agreement; Amendments.  These Terms of Use and the Privacy Policy constitute the entire agreement between Company and you, and they supersede anything on SHARE that is inconsistent with their terms.  Company reserves the right to amend and/or restate these Terms of Use and the Privacy Policy at any time, without advance notice, and for any reason whatsoever.  All amendments or restatements of the foregoing shall become effective immediately upon their posting to SHARE unless otherwise expressly noted.  Should you use SHARE following the posting of any amendments or restatements, such use shall be deemed conclusive evidence of your acceptance of all posted amendments and restatements.

Digital Millennium Copyright Act (“DMCA”) Notice. If you believe any material available at or through SHARE infringes a copyright you own or control, you may file a notification of such infringement through the contact information below.

Panagora Group LLC
Attn:  SHARE Website
8601 Georgia Avenue, Suite 905
Silver Spring, Maryland 20910
Email: [email protected]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification under DMCA. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable law, Company has also adopted a policy, in appropriate circumstances and in our sole discretion, for users who are deemed to be repeat infringers. Company may also, in its sole discretion, limit access to SHARE, and/or terminate your account if you infringe any intellectual property right of others, whether there is any repeat infringement.

Minors.  Company cannot prohibit minors from visiting SHARE. Company must rely on parents, guardians, and those responsible for supervising children under 18 to decide which materials are appropriate for their children to view and/or purchase.

Email and Other Communications.  Email transmissions cannot be guaranteed to be secure, error-free, or having originated from Company, or free from interception, virus, or manipulation. You should not expect that email and other communications with Company will be confidential.

Miscellaneous.  The delay of Company to enforce any right under these Terms of Use or the Privacy Policy shall not be deemed a waiver. Should Company not enforce any right in one instance shall not be construed as a continuing waiver of such right.  Should any provision of these Terms of Use or the Privacy Policy, as amended from time to time, be found invalid or unenforceable for any reason by an adjudicator of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provision.  The English language version of these Terms of Use and the Privacy Policy, as amended from time to time, shall be deemed the only official version of each of them.

To report any irregularities with your account, notify [email protected] immediately.

Accessibility.  For the sake of timeliness, Company may occasionally post resources immediately while it works to create an equivalent accessible version. In most cases, an accessible version will be made available within 10 business days of original posting. Please contact us directly at [email protected] if you find USAID/South Africa Technical Support Services Activity-generated content to be inaccessible and indicate the page URL and problem you found. We will make every effort to resolve the issue within 10 business days.

How to Contact Company.  If you have any questions, concerns, or complaints, please promptly contact Company as follows:

Panagora Group LLC
Attn:  SHARE Website
8601 Georgia Avenue, Suite 905
Silver Spring, Maryland 20910
Email: [email protected]