Terms of Use

Welcome to the website of the Pediatric HIV/AIDS Cohort Study (the “Site).  The Site is administered by the Harvard T. H. Chan School of Public Health at Harvard University (“Harvard”). As used in these Terms of Use, the terms “we,” “us” and “our” refer to Harvard.

By accessing the Site (including all pages within Phacsstudy.org, you agree to comply with the following Terms of Use.  Harvard reserves the right to modify these Terms of Use from time to time or terminate the Site for any reason. You are responsible for reviewing these Terms of Use regularly to be aware of any modifications. Your continued use of the Site indicates your acceptance of any modifications.

1.      Copyright; Others’ Rights

The Site and any video material, audio material, text, images, graphics and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws.  We or others own the copyright and other rights in the Site and the Content.  You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.  Except as specifically permitted by these terms of use, you may not modify, transmit, reproduce, distribute, display or otherwise make available in any form or by any means any part of the Content or the Site without the express written permission of Harvard.

You may only make non-commercial uses of the Site and the Content.  Use of Content from the Site for any commercial, public or political purpose is strictly prohibited.  Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Harvard (or any individual officer or employee of Harvard); (3) use that can be confused with official communications of Harvard or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services, or cold-calling.

2. Copyright Complaints

We respect the intellectual property rights of others. If you believe your copyright has been violated on this website, please notify us as provided at Reporting Copyright Infringements, where you will find the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information).  That contact information pertains only to notifications of claimed infringement.  Please direct all other communications concerning the Site to phacssupport@emersonmedia.com.

3. Rules for User Submissions; Use of Interactive Areas

In no event may you alter or modify the Site or any Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content.  You agree to retain all copyright, trademark and other notices on any Content you obtain from the Site.  All rights in the Site and the Content that are not expressly granted are reserved.  You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights. 

The Site contains online forums (“Interactive Areas”) where registered users (also referred to as “members”) may post comments, photos and other content (collectively, “User Content”).  By posting or submitting User Content to the Site, you grant us a non-exclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform and otherwise make available your User Content in connection with the Site or for broader educational and research purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing.  You irrevocably waive any claim of moral right or attribution with respect to the User Content you post. 

By posting User Content to the Site, you represent (i) that you have all necessary rights in and to such User Content to post it on the Site; (ii) that such User Content will not infringe on any personal or proprietary rights of any third parties; (iii) that such User Content will not contain defamatory, indecent, or otherwise unlawful material; and (iv) that such User Content will not contain any viruses or other destructive features. 

Interactive Areas provide a forum for the exchange of ideas and information by users.  We are not responsible or liable for any User Content that is posted or distributed.  The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to Harvard.  You are solely responsible for all User Content you post, and you assume all risks relating to its use by others and others’ reliance on its accuracy.

You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:

• infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity;
• violates any law or regulation;
• is intentionally false or misleading;
• defames, threatens or harasses anyone;
• is harmful, dangerous, abusive or offensive;
• is obscene or contains pornography;
• contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information;
• contains or consists of advertising or any form of commercial solicitation or activity; or
• otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site.

You acknowledge and agree that we have no obligation to display any User Content on the Site, monitor User Content on the Site or take any action with respect to User Content.  We reserve the right, without the obligation, to edit the Site and to edit, remove, delete or refuse any User Content for any reason without notice to users.  If User Content violates the above standards or any other provision of these Terms of Use, we reserve the right to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us.  We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content. 

Harvard may deny access to the Site to any individual at any time.

4. User Accounts; Account Termination Policy.

If you are use of the Site permitted to register an account with the Site and access the Interactive Areas:

• You agree to provide accurate and complete information when creating or updating your account. 
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. 
• You agree to notify us immediately of any unauthorized use of your account or other breach of security. 
• You may not use another’s account without permission. 

We may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.

User accounts may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user. Additionally, users shall not restrict nor inhibit any other user from enjoying any service on the Site.

The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination.  We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Site, or to cease making the Site available. In addition to the foregoing, we may terminate your account if you violate any provision of the Confidentiality and Non-Disclosure Policy of the Site.

5. No Medical or Health Advice

The Site is maintained for informational and educational purposes only.  Site Content and User Content should not be used to diagnose, direct treatment for, or give a prognosis for any health condition, or as a substitute for obtaining medical or other professional advice in a specific situation.  Always seek advice from a qualified health care professional about a medical concern, and do not disregard professional advice because of anything you read on the Site.

6. Links to other sites

Harvard may provide links to websites operated by third-parties as a convenience for our visitors. We do not endorse or accept responsibility for the content or the use of third-party websites.  If you use third-party sites, you do so solely at your own risk. Links do not imply that Harvard is affiliated or associated with any linked site. 

7. Harvard Names

Except as specifically permitted by these terms of use, you may not use or register any name, logo or insignia of Harvard or any of its schools or subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

8. Disclaimer; Limitation of Liability; Indemnification

HARVARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEROF, INCLUDING WITHOTU LIMIATATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PATICULAR PURPOSE.  HARVARD MAKES NO REPRESENTATIONS OR WARRANTIES (1) WITH RESPECT TO USER CONTENT OR SITE CONTENT, WHICH ARE PROVIDED ON AN “AS IS” BASIS; (2) THAT THE INFORMATION PROVIDED ON THE SITE IS ACCURATE; (3) THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (4) THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL HARVARD BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold harmless Harvard and its officers, fellows, governing board members, directors, employees, students and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply any provision of these Terms of Use.

9. Eligibility

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the Site and to enter into and comply with these Terms of Use.  In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children who are under 13 years of age.  Use of the Site by anyone under 13 years of age is not authorized. 

10. Governing Law; Jurisdiction

These terms of use, and any claim or dispute that arises from or relates to your use of this website or the content, will be governed by the laws of Massachusetts, without regard to its conflicts of laws principles.  You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Middlesex or Suffolk County, Massachusetts.  You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). 

11. Changes to Terms

Please note that these terms are subject to change without notice from time to time. Any changes will be posted to this page. Your use of this Site or any of its Content after any changes have been made will constitute your agreement to the modified terms of use. 

12. General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.  Your rights under these Terms of Use are personal, non-exclusive and non-transferable.  Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits.  These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.