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Terms of Use

Table of Contents

Web Site, Content and Services Access
Security and password, Non-commercial and Non-defamatory Use, Professional Advice, Private communities

License, Copyrights, and Trademarks
GHDonline Members Content, Copyrights, Personal health Information, Original GHD and GHDonline Content, Trademarks
Linking Disclaimer, GHDonline Partner Organizations' Copyrights

Disclaimers
Limitations of Liability, Indemnification, Miscellaneous, Termination, Force Majeure

Contacting GHDonline
Information for reporting claims of copyright infringement

GHDonline enables open collaboration between global health implementers and organizations in online “communities of practice”, either public or private, in order to create a new breadth of knowledge applicable in the field, and democratize access to critical information to improve the delivery of health care worldwide.

PLEASE READ THE USER AGREEMENT BELOW AND INDICATE YOUR ACCEPTANCE BY CLICKING IN THE CHECKBOX WITH “I AGREE TO TERMS OF USE.” IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ACCESS THE MEMBER FEATURES ON THE GHDONLINE WEB SITE, CONTENT AND SERVICES. YOU MAY PRINT THESE TERMS OF USE FOR YOUR RECORDS.

GHDonline may, from time to time, at its sole discretion and unilaterally, change these Terms of Use. When the terms are changed, GHDonline will notify you by online postings. Your continued use of the GHDonline system after such changes to the Terms of Use are posted shall serve as your acceptance of those changes. The most current version of these Terms of Use can be accessed at any time by selecting the “Terms of Use” link on the login page.

Updated on December 7, 2009

Web Site, Content and Services Access

Subject to these Terms of Use, GHDonline hereby grants you a limited right to access GHDonline web site, content and services. You agree that you shall use the GHDonline web site, content and services only in accordance with the Terms of Use, the GHDonline Privacy Policy and such other policies, procedures and conditions as GHDonline may establish for use of the GHDonline web site. You represent and warrant that your use does not violate any local, state, federal or international laws and regulations, including those related to privacy, copyright and other intellectual property rights. You also represent and warrant that all information provided to GHDonline in connection with your use of the GHDonline web site, including in the process of registering for the GHDonline web site, is true, accurate and complete. You are responsible for installing and maintaining all equipment and systems necessary to access the GHDonline web site and for paying all charges related thereto.

GHDonline and its affiliates reserve the right to use and delete content, monitor, restrict, block or suspend access to the GHD online web site, and otherwise communicate with members and moderators of communities for any reason at any point in time.

Security and Password

After signing up to one or several GHDonline communities, and upon first sign in, you are asked to create/change your password so it is personal and confidential. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the password of another member at any time or to disclose your password to any third party. You agree to notify the GHDonline Team immediately if you suspect any unauthorized use of your account or access to your password. For information about “My Profile,” please refer to the GHDonline Privacy Policy.

Non-commercial and Non-defamatory Use

GHDonline content and services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by GHDonline. Please note that advertisements, commercial postings, and other forms of solicitation such as chain letters and pyramid schemes, are inappropriate in GHDonline communities and may result in membership termination.

Illegal and/or unauthorized use of GHDonline content and services such as the publication of defamatory content in GHDonline communities or the collection of Members’ profiles information for any purposes is strictly prohibited.

Professional Advice

The GHDonline web site is intended to provide general professional information to users and for members to engage in and access “discussions” or “resources” in communities as they see fit and useful to other members. Members include health care providers affiliated with a variety of organizations and institutions, as well as professionals engaging in the delivery of health care and related services worldwide.

The GHDonline web site content and services are not an attempt to provide specific medical or professional advice, and should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s or other provider’s judgment. Nor should users rely upon the GHDonline web site if they might need emergency medical treatment.

Use of GHDonline content and services does not establish a doctor-patient relationship, or any other professional relationship. You assume full responsibility for using the information on the GHDonline web site, and you understand and agree that GHDonline, the Global Health Delivery Project, and its affiliates (i.e. founding collaborators and partners) are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. While we try to keep the information on the site as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied.

Private Communities

In addition to public communities, the GHDonline web site hosts a set of private communities designed to facilitate collaboration for specific institutions, organizations, projects, and/or individuals. Access to content and services published in private communities is intended to be limited to members of those private communities; such content and services should not be shared either via email or any other means with non-members of that private community.

License, Copyrights, and Trademarks

Discussion content (i.e. original discussions, posts and replies) and original comments in the “Summary” field of “resources” in GHDonline, or “User-generated Content,” by GHDonline members in communities is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. User-generated Content can be shared (i.e. copied, distributed and transmitted) as long as it is attributed to GHDonline in the following manner:

“As discussed by GHDonline members in the [Name of community] community: [link to the detailed page for the discussion in the community]”

For example:
As discussed by GHDonline members in the TB Infection Control community: http://www.ghdonline.org/ic/discussion/infection-control-tools/.

You may not use User-generated Content for commercial purposes. You may not alter, transform, or build upon User-generated Content.

User-generated Content may be altered, transformed, or built upon by the Global Health Delivery Project and the GHDonline team.

GHDonline Members Content

You may publish or upload to the GHDonline web site text, files, images, photos, videos, sounds, or works of authorship, or any other materials (collectively, "Members Content") only if you own the copyright to those materials or have express permission from the copyright owner to make such use of the materials.

You agree not to submit any material or content that infringes any patent, copyright, trademark or other proprietary rights of any party. You further agree that you will not submit any material or content that is disruptive, threatening, abusive, profane, harassing, embarrassing, defamatory, libelous, obscene, hateful or racially, ethnically or is otherwise objectionable as solely determined by GHDonline.

Copyrights

GHDonline does not claim any ownership rights or copyrights in the Members Content that you publish, via email or via web interface, to the GHDonline communities. However, when you post materials to the GHDonline web site you grant to GHDonline an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license and right to use, reproduce, publish, distribute, display, edit, modify or delete those materials. Your ownership interests and rights to use the material are not otherwise affected or changed merely by posting Members Content to GHDonline. This applies to GHD and GHDonline content shared in the communities. You understand that without this license, GHDonline would be unable to provide its content and services.

You represent and warrant that: (i) you own the Members Content posted by you on or through the GHDonline web site, or otherwise have the right to grant the license set forth above, and (ii) your posting of Members Content on or through the GHDonline web site does not violate the proprietary rights, copyrights, publicity rights, privacy rights, contract rights or any other rights of any person or organization. You agree to pay for all royalties, fees, fines and any other monies owing any person or organization by reason of any Members Content posted by you to or through the GHDonline web site.

Personal Health Information

You further represent and warrant that the Members Content you post does not violate any patient’s rights under The Health Insurance Portability and Accountability Act (HIPAA), or other patients rights under other national laws and international treaties.

Original GHD and GHDonline Content, Trademarks

Original GHD and GHDonline Content, meaning all text, audio, video, image, and summaries of GHDonline discussions authored by the Global Health Delivery Project is copyrighted unless it is published in a “resource” or in a discussion of a community (see above).
The Global Health Delivery (GHD) Project, GHDonline, and GHD trademarks and logos, or any variation or acronym of any of the foregoing including all associated good will and registrations, will remain and be the sole and exclusive property of GHD. Any and all use of the trademarks will inure to the sole and exclusive benefit of GHD and GHD will retain at all times the entire benefit and good will arising from the use of the trademarks.

Linking Disclaimer

By providing links to other web sites, GHDonline does not guarantee, approve or endorse the information or products available at these web sites and organizations. Because GHDonline does not control such web sites and resources - and though we take every step possible to maintain and update these links - you acknowledge and agree that the GHDonline web site is not responsible for the availability of such external web sites or resources. In addition, once you link to another web site, you may be subject to the privacy policy and applicable terms and conditions of the external site.

GHDonline Partner Organizations’ Copyrights

Content published in the GHDonline web site as part of a partnership or collaboration, and/or by partner organizations may be subject to copyrights, other intellectual property rights under United States, foreign laws, and international conventions as stipulated in the GHDonline web site, and as determined by partner organizations terms of use and copyrights.

GHDonline partner organizations grant GHDonline the non-exclusive right and license to reproduce and display their content to the GHDonline web site and to permit registered, signed in users of the GHDonline web site to view, download, and print their content for their personal, noncommercial use. Only signed in members of the GHDonline web site may access and use the full text versions of these content and services. Visitors only view “snippets” or excerpts of content and services as determined by partner organizations and GHDonline. By way of clarification, partner organizations’ content and services as published on the GHDonline web site are not subject to the Creative Commons license above.

The GHDonline web site is an interactive website where members of online communities can exchange information either by clicking on “Start discussion” or “Add resource.” Each item of partner organizations’ content displayed at the GHDonline web site communities may therefore be discussed by and between registered, signed-in, members of the GHDonline web site. In these instances, GHDonline shall only display the full text of discussion content related to partner organizations’ content to registered, signed-in users of the GHDonline web site.

Disclaimers

GHDONLINE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION PROVIDED THROUGH GHDONLINE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND GHDONLINE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

WITHOUT LIMITING THE FOREGOING, GHDONLINE DOES NOT WARRANT THAT ACCESS TO THE GHDONLINE WEB SITE ONLINE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES GHDONLINE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE GHDONLINE WEBSITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GHDONLINE WEB SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE GHDONLINE WEB SITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE GHDONLINE WEB SITE. UNDER NO CIRCUMSTANCES SHALL GHDONLINE OR ANY GHDONLINE AFFILIATE BE LIABLE IN ANY WAY FOR YOUR USE OF THE GHDONLINE WEB SITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL GHDONLINE OR ANY GHDONLINE AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE ONLINE SYSTEM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE AND AGREE TO HOLD GHDONLINE AND GHDONLINE AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE GHDONLINE WEB SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

Indemnification

Without limiting the generality or effect of other provisions of these Terms of Use, as a condition of use, you agree to indemnify, hold harmless, and defend GHDonline and its parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the GHDonline web site, content or services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in these Terms of Use. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

Miscellaneous

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to it rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to these Terms of Use. Any claim related to these Terms of Use may not be brought unless brought within one year from the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors and assigns. These Terms of Use, and the Agreement between the medical practice with whom you are employed and GHDonline, constitute the entire agreement relating to your use and our provision of the GHDonline web site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained herein shall bind either you or GHDonline. Any of the terms contained in these Terms of Use which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms herein or affecting the validity or enforceability of the Terms of Use as a whole. Failure to insist on performance of any of part of the Terms of Use will not operate as a waiver of any subsequent default. No waiver by GHDonline of any right under the Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. These Terms of Use shall be a binding agreement upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise expressly allowed herein, these Terms of Use may not be modified, supplemented, qualified, or interpreted as to your rights and obligations hereunder, except in writing signed by you and GHDonline.

A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination

You or GHDonline may suspend or terminate your access to the GHDonline web site at any time, for any reason or for no reason at all. If you decide to suspend your GHDonline account, please send a request to the GHDonline team by using the contact us form. GHDonline has the right to refuse to provide access to the GHDonline web site to any person, agency or organization, or to prohibit any person, agency or organization from using the GHDonline web site, at any time, for any reason or for no reason at all, in our sole discretion. GHDonline reserves the right to change, suspend, or discontinue all or part of the GHDonline web site, temporarily or permanently, without prior notice. We reserve the right to delete or change any username or password at any time, for any reason or for no reason at all. You may terminate your membership at any time and for any reason by contacting the GHDonline Team.

Force Majeure

In no event will GHD, GHDonline, and any founding collaborators and partner organizations be liable for any delay or failure to perform here above content and services as a result of acts of God, acts of the public enemy, fires, floods, strikes and other causes beyond the reasonable control of such party.

Contacting GHDonline

If you have any questions about these terms of use, please e-mail the GHDonline team via the “Contact us” form located at the following URL: http://www.ghdonline.org/contact/.

You can also contact us via regular mail at:
Global Health Delivery Project
c/o Brigham and Women's Hospital
75 Francis Street
Boston, MA 02115, U.S.A.

Information for Reporting Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DCMA”) the following are registered as Service Providers with the United States Copyright Office:

• Partners Healthcare System, Inc.

Notifications of copyright infringement claims occurring on GHDonline’s website should be reported to our designated agent, as follows:

Partners Healthcare System, Inc.
One Constitution Center, 2nd floor
Charlestown, MA 02129
E-mail: dmca-agent@partners.org

Any such notice must be in writing, and must include the following information as required by the DMCA:
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf
• A description of the copyrighted work claimed to have been infringed
• A description of the infringing material and information reasonably sufficient to permit us to locate the material
• Your contact information, including your name, address, telephone number and e-mail address
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
• A statement that the information in the notification is accurate and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner

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12/07/2009

“These discussions are very helpful, especially in opening the minds of people on which models work and which don't, which models are sustainable and which aren't. By exchanging knowledge and information on GHDonline, we can get the best models.”
Manzi Anatole,
Inshuti Mu Buzima, Rwanda

Why join?

Membership to the communities of the Global Health Delivery Online platform, GHDonline.org, is made available at no cost thanks to Harvard Medical School and Brigham and Women’s Hospital.

Members have access to more than 30 expert moderators and to content and services like peer-reviewed discussion briefs and reviews of recent scholarly articles or a leading clinical information resource from partners, and to a team of professionals that support the GHDonline communities and platform and organize virtual expert panels with leading experts on a regular basis.

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