Acceptable Use Policy

American Macular Degeneration Foundation (“AMDF”)

AMDF Website (www.macular.org) and the Vision and Art Project website (www.thevisonandartproject.com)

Acceptable Use Policy 

 

1.         Background

AMDF strives to provide visitors with accurate, entertaining, inspiring and informative content. In order to help accomplish this, AMDF has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the AMDF websites (collectively, the “Sites”). This Policy is in addition to any restrictions or conditions contained in the Terms of Use, Privacy Policy and any applicable agreements between AMDF and vendors (the “Agreements”). All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Agreements.

All Internet visitors or browsers (the “user,” “you,” or “your”) and all others who use the Sites must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your or their access to the Sites. Therefore, you should take steps to become familiar with this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately cease access to the Sites.

2.         Policy Applicability

This Policy applies to your use of the Sites for educational purposes.

Changes to this Policy

AMDF may revise this Policy from time to time by posting a new version on the Sites. AMDF will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the Sites. Revised versions of this Policy are effective immediately upon posting. Accordingly, visitors to the Sites should read any AMDF announcements they receive and regularly visit the Site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it to the Sites.

3.         Prohibited Uses and Activities

In general, the Policy prohibits uses and activities involving the Sites that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Sites by others. For example, these prohibited uses and activities include, but are not limited to, using the Sites, to:

            A.        Prohibited Conduct

  • Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
  • Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Sites or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of AMDF;
  • Transmit unsolicited bulk or commercial messages commonly known as “spam”;
  • Send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  • Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
  • Participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • Collect responses from unsolicited bulk messages;
  • Falsify, alter, or remove message headers;
  • Falsify references to AMDF or its Sites, by name or other identifier, in messages;
  • Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  • Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use.

 

 

B.        Technical Restrictions

  • Access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This including, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited.
  • Copy, distribute, or sublicense any proprietary software provided in connection with the Sites by AMDF or any third party;
  • Distribute programs that make unauthorized changes to software (cracks);
  • Service, alter, modify, or tamper with the content (text or visual) on the Sites or permit any other person to do the same who is not authorized by AMDF.

 

C.        Network and Usage Restrictions

 

  • Use the Sites for any purpose other than personal and non-commercial educational use;
  • Use the Sites for any business, other legal entity, or organization purpose (whether or not for profit);
  • Restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Sites, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
  • Impede others’ ability to use, send, or retrieve information;
  • Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Sites host, server, backbone network, node or serve, or otherwise cause a performance degradation to any AMDF facility used to deliver the Sites;
  • Resell the Service or otherwise make available to anyone outside of the Premises the ability to use the Sites (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of WiFi service in accordance with its then-current terms and policies; or
  • Access and use the Sites with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”).

 

4.         Disclaimer

By using the Sites, you signify that you have read these Terms and Conditions of Use and that you assent to these terms and conditions of use.  If you do not agree to follow each of the terms and conditions of use, do not use the Sites.

AMDF reserves the right to update these terms and conditions at any time.  Your continued use of the Sites will mean that you accept those changes.

The Sites do not provide medical advice.  The content of the Sites including text, graphics, images, information obtained from partners, contributors, vendors, and other material (“Content”) contained on the Sites are for informational and educational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your medical condition.  Never disregard professional medical advice or delay in seeking it because of something you’ve read on the Sites.

The video content on the Sites is hosted on YouTube. The link will be set to public and will be accessible from the Vision and Art Project website, the Vision and Art Project YouTube channel and as well as public search directly through YouTube and Search engines. Youtube streaming allows viewing but not downloading of the video content. Screen shots are possible, however.  AMDF has and will continue to exercise all necessary best practices to insure that the video is used for its intended purpose. This does not serve as a guarantee that video content will be protected from unauthorized duplication.  Site content is accessible and may be reused/reproduced without permission against the warnings and prohibitions proclaimed by AMDF.

 

A.        Use of Content

AMDF authorizes you to view the images and content material on the Sites solely for the your personal, noncommercial use. 

            The Content is protected by copyright under the United States and foreign laws.  Title to the Content remains with AMDF.  Any use of the Content not expressly permitted by these terms and conditions is a breach of these terms of conditions and may violated copyright, trademark and other laws.  Content and features are subject to change or terminate without notice in the editorial discretion of AMDF.  If you violate any of these terms and conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

            B.        Liability of HC and its Licensors

  The use of the Sites and its Content is at your own risk. 

            When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of AMDF.  Accordingly, AMDF assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the AMDF Sites.

            The AMDF Sites and the Content are provided on an “as is” basis.  AMDF and its licensors, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose.  Specifically, AMDF makes no representations or warranties about the following:

            1.         The accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the Sites.

            2.         The satisfaction of government regulations requiring the disclosure of information, acceptable treatment, options on treatment and on prescription drug products.

            In no event, shall AMDF, its licensors or any third parties be liable for any damages (including without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not AMDF is advised of the possibility of such damages.  AMDF is not liable for any personal injury, including death, caused by the use or misuse of the Sites. Any claims arising in connection with your use of the Sites must be brought within one year of the date of the event giving rise to such action occurred.  Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

            C.        User Submissions 

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.  You agree that any such submission is nonconfidential for all purposes.  If you make such submission, you are  warranting  that the owner of such content has expressly granted AMDF a royalty-free, perpetual, irrevocable, world-wide non-exclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form or format  now known or hereafter developed. 

AMDF reserves the right to take any action it deems necessary to protect the personal safety of our visitors.  AMDF has no liability or responsibility to users of the AMDF Sites or any person or entity for performance or nonperformance of the aforementioned activities.

            D.        Advertising and Links to Other Sites

 AMDF does not endorse the content of any third party web site.  AMDF is not responsible for the content of links, third-party sites, sites framed within the AMDF site or third-party advertisements and does not make any representations regarding their content or accuracy.  Your use of third party websites is at your own risk. AMDF does not endorse any product or treatment advertised on the Sites.

            E.         Indemnity

You agree to defend, indemnify and hold AMDF, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.

            F.         General 

AMDF is based in Northampton, Massachusetts in the United States of America.  AMDF makes no claims that the Content is appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries.  If you access the AMDF Sites from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction.  All of the provisions of this agreement survive the expiration or termination of the terms and conditions for any reason whatsoever. 

            G.        Jurisdiction 

You expressly agree that exclusive jurisdiction for any dispute with AMDF, or in any way relating to your use of the AMDF site, resides in the Courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Commonwealth of Massachusetts in connection with any dispute including any claim involving AMDF or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflicts of law principles.  If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not effect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

            H.        Complete Agreement, Except as Expressly Provided in a Particular “Legal Notice” on the Sites 

These Terms and Conditions constitute the entire agreement between you and AMDF with respect to the use of the Sites and Content.  Your use of the Sites is also subject to the AMDF disclaimers and policies posted herewith.

Thank you for your cooperation.  We hope you find the AMDF Sites educational and informative.  ©American Macular Degeneration Foundation.  All Rights Reserved.

September, 2014

 

5.         Copyright

 

AMDF is committed to complying with U.S. copyright and related laws, and requires all visitors to comply with these laws. Accordingly, you may not duplicate, cut and paste, copy, take photographs of, or store any images, material or from the Sites. You may not share or disseminate any images, material or content from the Sites in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. AMDF has express written permission to use the images found on the Sites and does not grant any sublicense or permission to any visitor to use of duplicate the images. AMDF encourages copyright owners to communicate with AMDF regarding information about alleged infringement. AMDF participates in the Copyright Alerts System, and also complies with the Digital Millennium Copyright Act. You may receive alerts under either or both of these methods if you are identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.

 

 

            A.        Copyright Alerts System

 

            The Copyright Alerts System is part of an Internet service provider and content industry initiative to help make people aware of appropriate ways to access and share content online, in particular over peer-to-peer file sharing programs. Copyright owners routinely participate in online peer-to-peer file sharing programs to see if their content is being improperly used or shared. If the copyright owner believes its content was uploaded or downloaded improperly, it can record the Internet Protocol or IP address that was used to access the content over these services, the IP address identifies the Internet service provider who uses the address for its customers; it does not identify an individual person. The copyright owner will then send a notice to the Internet service provider that contains the IP address along with other information such as the date and time of the event, the name of the file sharing program, and an identification of the content. The Internet service provider will then identify the account holder using that IP address in conjunction with the other information and send an alert to that customer. In AMDF’s case, the alert is sent by an email to the visitor.

 

            B.        Digital Millennium Copyright Act of 1998

 

            Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is AMDF’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who AMDF, in its sole discretion, believes is infringing these rights. AMDF may terminate access at any time with or without notice for any affected user.

 

            C.        Reporting Alleged Infringements to AMDF

 

            Copyright owners may report alleged infringements of their works that are published on the Sites by sending AMDF a notification of claimed infringement for these works. AMDF will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) or (ii) disable access to the work(s).