Terms of Use
1. ACCEPTANCE OF TERMS; MODIFICATIONS
Malaria No More Fund ("MNM") provides the information and services on this website, malarianomore.org, ("Site"), on the condition that you accept the terms ("Terms").
Before using the Site, please carefully read the Terms, because, by using the Site, you agree to be bound by the Terms. If you do not agree to the Terms, please do not use the Site. MNM reserves the right, in its sole discretion, to modify the Terms at any time. Any modifications will be effective immediately upon posting on the Site. If you continue to use the Site after we post modified Terms, this indicates you agree to the modified Terms.
2. PRIVACY POLICY
Please carefully review MNM's Privacy Policy, which is incorporated into and a part of these Terms.
3. MNM
MNM is dedicated to educating the public about malaria, and the effects of malaria in Africa and other tropical regions of the developing world, as well as creating comprehensive solutions for controlling malaria, in part, through use of long-lasting insecticide-treated bednets. The Site contains information about malaria and the most problematic vectors for spreading the disease, as well as information about proposed solutions. The Site gives the public the opportunity to support our efforts, through Groundspring.org and Millennium Promise Alliance ("Millennium Promise"), as described in these Terms, to help implement MNM's solutions.
4. DONATIONS
To donate towards our programs, you will be directed to a site operated by Groundspring.org ("Groundspring"). Groundspring permits persons to make donations to nonprofit organizations that do not have their own e-commerce infrastructure. Groundspring will collect and use your personal information in accordance with the privacy policy posted on its site. Groundspring will share some of your personal information (e.g., your name and contact information, but not your credit card information) with MNM's fiscal sponsor, Millennium Promise, and Millennium Promise will share that information with MNM. We encourage all visitors who wish to donate to MNM's program to review the privacy polices of Groundspring.org and Millennium Promise so that you will know how your personal information will be collected, used, and shared.
5. NO UNLAWFUL OR PROHIBITED USE
By using the Site, you warrant to MNM that you will not use the Site, or any of the content on the Site, for any purpose that is unlawful or prohibited by these Terms or by any applicable law. If you violate any of these Terms, your permission to use the Site automatically terminates.
6. COPYRIGHTS; TRADEMARKS
The copyrightable content on the Site is owned by or licensed to MNM. You agree not to copy, distribute or otherwise use any content other than for personal, noncommercial purposes unless you obtain MNM's prior written consent.
Malaria No More™, the MNM logo and other MNM trademarks are owned by MNM (the "MNM Marks"). You may not use MNM Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use MNM Marks in any manner that disparages or discredits us.
7. LINKS
We may provide links to other websites in addition to Groundspring.org. We exercise no control whatsoever over these other websites and are not responsible or liable for the content or activities on them. You use any such sites solely at your own risk.
8. INDEMNIFICATION
You agree to indemnify (and, if requested, defend) MNM, its affiliates and its respective officers, employees, and agents from all liabilities, damages, losses or expense (including reasonable attorneys' fees) an indemnitee may incur based upon any third party claims related to or arising out of your acts or omissions in connection with your use of the Site in any way or your violation of the these Terms.
9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL SERVICES AND CONTENT ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOU USE THEM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. MNM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES THAT ANY PART OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, AND THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, AND CERTAIN STATEMENTS IN THIS DISCLAIMER MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MNM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF MNM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN SOME JURISDICTIONS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
11. GOVERNING LAW
These Terms and any dispute arising out of your use of the Site is governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed wholly within that State. By using this Site and service, you hereby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, New York with respect to any dispute arising under the Terms.
12. GENERAL PROVISIONS
Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship of any kind between MNM and any user or other person or entity, nor do these Terms extend rights to any third party. The failure of either party to assert any right under these Terms will not be considered a waiver of that party's right, which will remain in full force and effect. You agree that (regardless of any statute to the contrary) any cause of action arising out your use of this web site must be filed within one year after the cause of action arose or it will be forever barred. These Terms, including the Privacy Policy, constitute the entire agreement and supersede all other agreements (oral or written) between you and MNM regarding your use of the Site. If any provision of the Terms 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 Terms remain in full force and effect. You may not assign your rights under this Terms without MNM's prior written consent; MNM may assign these Terms and transfer any of its rights or obligations at any time for any reason (including a transfer of any personal or other information you may have provided to us as part our transfer of assets associated with that information).
13. REPORT OF UNAUTHORIZED USE
Please report any violations of the Terms to us at "info@malarianomore.org." We reserve the right to report any unauthorized use of the Site to the appropriate authorities.
14. CONTACT US
If you have questions or concerns about these Terms or the Site, please contact MNM at "info@malarianomore.org" or through the information below:
Phone: (212) 792-7929
Fax: (212) 584-5720