Multiple Sclerosis Discovery Forum Terms of Use
Welcome to Multiple Sclerosis Discovery Forum (the “Site,” which includes all pages within http://www.msdiscovery.org/), a website hosted by the Accelerated Cure Project (“ACP”), a nonprofit organization.
By accessing content posted on the Site, you agree to be bound by these Terms of Use. ACP reserves the right to change these Terms of Use or to modify its features at any time. The Site will post changes to these Terms of Use from time to time at http://www.msdiscovery.org/about/terms-of-use, and by accessing the Site after modifications to these Terms of Use have been posted, you agree to be bound by all the modified terms.
Use of Site Content
Except where otherwise noted, “Site Content,” which includes all content posted to the Site as well as User-Generated Content (as defined below), is licensed under a Creative Commons Attribution 3.0 Unported (CC BY 3.0) License http://creativecommons.org/licenses/by/3.0/.
If you wish to reuse any of our Site Content elsewhere, by re-posting it on other websites or otherwise, we request that you notify us at editor@msdiscovery.org.
Use of Third-Party Content
To the extent the Site incorporates the copyrighted material of third parties (“Third-Party Content”), you agree to make only such uses of said Third Party Content as are consistent with copyright law. ACP does not warrant that any use of Third Party Content will not infringe the rights of the content owners.
Copyright Infringement
If you believe that any content on the Site infringes your copyrights, please follow the procedures set forth below. In accordance with the Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304, ACP has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify our designated agent specified below.
Please note, this agent is for reporting of copyright infringement and is not the correct person to answer requests for copyright permission.
Robert N. McBurney
Chief Executive Officer
Accelerated Cure Project for Multiple Sclerosis
460 Totten Park Road, Suite 420
Waltham, MA 02451
781-487-0012 direct
781-487-0008 main
781-487-0009 fax
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
- 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 ACP to locate the material;
- Your contact information, including your address, telephone number, and email;
- 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; and
- 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.
User-Generated Content
The Site includes features that support and publish User-Generated Content, in the form of comments on posted material and Site-hosted discussion forums that registered members can participate in.
By accessing the Site, you agree that you will not make use of these features:
- To make comments that are threatening, knowingly false, or unlawful; to use foul language; or to engage in personal attacks;
- To impersonate any person or entity or create a false identity on the Site;
- To disseminate or transmit “spam,” unsolicited messages, chain letters, advertisements, solicitations, or other unsolicited commercial communications, including (but not limited to) communications describing investment opportunities;
- To bomb forums or other parts of the Site with repetitive, pointless posts;
- To post pornographic or otherwise objectionable material;
- To discuss illegal activity, or posting links to other websites that deal with such activity;
- To post content that breaches another member’s privacy (i.e., containing phone numbers, address or other personal information);
- To post material that infringes a copyright, trademark or patent right, trade secret or other legal right of any person, including ACP; and
- To disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, spyware, or other items of a destructive nature or any other malicious code or program.
By submitting User-Generated Content for publication on the Site, you grant ACP a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, publicly perform, publicly display, and distribute said content on the Site. You further understand and agree that User-Generated Content posted to the Site shall be made available for the public to use under a Creative Commons Attribution 3.0 Unported (CC BY 3.0) License.
You understand and agree that ACP monitors User-Generated Content on the Site. However, although ACP will be reviewing and monitoring User-Generated Content, it is impossible for us to confirm the validity of all information posted. In addition, we do not vouch for or warrant the accuracy, completeness or usefulness of any message or posting, and are not responsible for the contents of any message or posting.
You also understand and agree that such monitoring may include the recording and archiving of dialogue in discussion forums; and that ACP reserves the right to modify, edit, or remove any of said content at its discretion, without notice, and for any reason. However, ACP assumes no responsibility for monitoring, modifying, or removing the User-Generated Content on this Site.
You further understand and agree that the views and opinions expressed by other users on the Site are theirs alone and should not be ascribed to ACP. User-Generated Content and Third-Party Content are the sole responsibility of the users and third parties, and their accuracy and completeness are not endorsed or guaranteed by ACP.
Deleting Posts and Comments
Any user who feels that a posted message or other User-Generated Content is objectionable is encouraged to contact us immediately by email at editor@msdiscovery.org. We have the ability to remove any messages that we deem inappropriate, disruptive or objectionable, if we determine in our sole discretion that removal is necessary.
Prohibited Uses of the Site
You agree not to access or use the Site in any manner that could damage or overburden any MSDF server, or any network connected to any MSDF server. You further agree that you will not use the Site in any manner that would interfere with any other party’s use of the Site.
Registration, Privacy, and Termination of Access
Certain areas of the Site may require registration or may otherwise ask you to provide information in order to participate. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to access certain content or features. When you register, you agree to provide information to ACP that is accurate, current and complete. Please review the Site’s Privacy Policy http://www.msdiscovery.org/about/privacy-legal for additional information on how we collect and use user information. ACP reserves the right to terminate the registrations and otherwise deny Site access to any person for any reason. The Site will not be liable for any loss or damage arising from your failure to protect your password or account information.
Disclaimer of Warranty/ Limitation of Liability
You agree that your use of the Site shall be at your own sole risk. To the fullest extent permitted by the law, ACP disclaims all warranties, express or implied, in connection with the Site and your use thereof. ACP makes no warranties or representations about the accuracy or completeness of the Site’s content (including User-Generated Content and Third-Party Content) or the content of any websites linked to this Site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies in content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (3) any unauthorized access to or use of MSDF’s servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Site; (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or (6) 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 Site. You assume all risk as to the quality, function, and performance of the Site, and to all transactions you undertake on the Site, including without limitation submission of any User-Generated Content.
You agree that ACP will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms, or your (or any third party’s) use or inability to use the Site, or your placement of User-Generated Content on the Site, or your reliance upon information obtained from or through the Site. In particular, ACP will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms, your use or inability to use a site, your placement of content on a site, or your reliance upon information obtained from or through a site, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability.
Specific Disclaimer of Medical Advice
Without limiting the foregoing, you understand and agree that your use of the Site and its content, including User-Generated and Third-Party Content, is at your own sole risk, and that the Multiple Sclerosis Discovery Forum does not provide medical advice. The Site is for informational purposes only and is not intended to substitute for professional medical advice, diagnosis or treatment. Always seek advice from a qualified physician or health care professional about any medical concern, and do not disregard professional medical advice because of anything you may read on the Site. The views of individuals quoted or posted on this Site are not necessarily those of ACP. ACP does not endorse any company or product mentioned on the Site, and listing on the Site is not linked to corporate sponsorship nor does it imply any endorsement by ACP.
Indemnification
You hereby indemnify, defend and hold harmless ACP and all its affiliates, and their employees, officers, directors and agents (collectively, the “Indemnified Parties”), from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. ACP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Governing Law and Jurisdiction
Your use of this Site, and any related legal action, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in the Commonwealth of Massachusetts.
Use of the Site by Minors
The Site is not intended for use by children under the age of 13. By using our Site, you represent that you are age 13 or over.
Contacting This Website
If you have any questions about these Terms of Use, our Privacy Policy, the practices of the Site, or your dealings with this site, you can contact info@msdiscovery.org.
Effective Date of Agreement
The effective date of these Terms of Use is April 1, 2012.