Grameen

Terms and Conditions

These Terms of Use (“Terms of Use” or “Agreement”) were last updated on January 16, 2012.


This website (“website”) is run and maintained by Grameen Foundation based in the United States of America. 


These Terms of Use set out the terms of use on which you may make use of the website.


Your use of the website is conditional upon the acceptance of these Terms of Use, including the Privacy Policy associated herewith. Please read these Terms of Use carefully before you start to use the website. 


Your use of the website indicates your express consent to the Terms of Use and that you agree to abide by them.  If you do not agree to comply with the Terms of Use, you may not use or access the website.


Grameen Foundation reserves the right to periodically update these Terms of Use.  Your continued use of the website after any such update indicates your agreement to the updated Terms of Use.  It is your responsibility to periodically review the Terms of Use to ensure compliance therewith.

IF YOU DO NOT ACCEPT ANY OF THE TERMS IN THIS TERMS OF USE YOU MUST LEAVE THE website IMMEDIATELY

All references to “our”, “us” or “we” within these Terms of Use are deemed to refer to Grameen Foundation, its subsidiaries and associates.


Accessing the website


Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.


You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Use, and that they comply with them.


Intellectual Property


The website is protected by copyright, trademarks and/or other proprietary rights, and except as specifically provided in this Agreement, your use of the website and its services shall be governed and constrained by applicable copyright, trademark and other intellectual property laws around the world, in addition to this Agreement.  You specifically agree that Grameen Foundation or its third-party licensors’ own all intellectual property rights in and to the website (regardless of whether those rights are registered). Except as provided in these Terms of Use, any use of those intellectual property rights is prohibited.  All rights are herein expressly reserved.


License to Use website.


Grameen Foundation hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use the website and/or the materials available on the website for personal, non-commercial use only, subject to the restrictions in this Agreement.  This includes printing hard copies of the material located herein solely for your lawful, personal, non-commercial-use.  All other copying is prohibited.


Registration


No registration is required to access and use the website.  However, in order to access certain features and areas of the website we may require that you register and provide Grameen Foundation with certain information about yourself.  The collection and processing of this information is governed by the Privacy Policy.  By using our website, you consent to such processing and you warrant that all data provided by you is accurate.


During the registration process, you will be asked to choose a user name and password.  You are solely responsible for maintaining the confidentiality of your password and you must not disclose it to any third party.  If for any reason your password is stolen, please notify us immediately at info@applab.org.  We have the right to disable any user name or password, whether chose by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.


 


By your registration on the website, you represent, warrant, and covenant that: (1) you have the power and authority to enter into this Agreement; and (2) entering into this Agreement is lawful and valid in the jurisdiction in which you live and the jurisdiction in which you access the website.


Content


You understand that we will not be responsible, or liable in any way, for any postings, messages, information, suggestions, ideas, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this website (collectively, the “Content”), by you or any other user of the website.


 


While Grameen Foundation takes reasonable measures to ensure that the Content offered on the website is appropriate, you understand that Grameen Foundation does not control the Content made available through the website and is not responsible for reviewing, editing, or removing any Content on the website;


You agree that you must evaluate, and bear all risks associated with the use of any Content on the website, including the quality, applicability, accuracy, completeness or usefulness of any Content.


User Conduct 


User Contributions. By submitting, posting or displaying the Content, you hereby grant Grameen Foundation a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, use and distribute the Content in any medium for commercial and non-commercial purposes.


You acknowledge and agree that any Content which you upload, input, provide, post, submit or otherwise make available through the website ("User Contributions"): 


(a)   are accurate;


(b)  comply with all applicable laws in the UK and in any country from they are posted;


(c)   do not infringe any intellectual property laws or rights of any other person;


(d)   do not contain any confidential or proprietary information belonging to a third party;


(e)   do not contain any material which is defamatory of any person;


(f)   do not contain any material which is obscene, offensive, hateful or inflammatory;


(g)   do not promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activity;


(h)  are not likely to deceive any person; and


(i)    are not in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.


By posting, uploading, inputting, providing or submitting User Contributions you:


- warrant and represent that you own or otherwise control all of the rights to your User Contributions as described in this Agreement including, without limitation, all the intellectual property and all rights necessary for you to provide, post, upload, input or submit the User Contributions;


- acknowledge that Grameen Foundation may have something similar to the User Contributions already under consideration or in development;


- agree that:


- Grameen Foundation shall not be under any obligation of confidentiality, express or implied, with respect to the User Contributions;


- Grameen Foundation shall be entitled to use or disclose (or choose not to use or disclose) such User Contributions for any purpose, in any way, in any media worldwide;


- you are not entitled to any compensation or reimbursement of any kind from Grameen Foundation under any circumstances, except as otherwise agreed to by Grameen Foundation in writing; and


- Grameen Foundation is under no obligation to post or use any User Contributions you may provide, and may remove any User Contributions from the website at any time in its sole discretion, as set forth below in the section entitled “Monitoring the Site”.


- shall grant Grameen Foundation a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to publish your name in connection with your User Contributions.  


By your inclusion of the Content on the website, you hereby grant Grameen Foundation the irrevocable option to acquire all rights in the Content royalty free.  In its sole discretion, Grameen Foundation may choose to adopt your Content for inclusion in Grameen Foundation’s own works.  Grameen Foundation shall provide notice to your registered emailed address with the website of Grameen Foundation’s intention to adopt your Content for inclusion in Grameen Foundation’s own works.  Should Grameen Foundation do so, your license granted hereunder shall automatically convert to an assignment transferring all rights in the Content to Grameen Foundation without any obligation of Grameen Foundation to you.


Incentive Programs.  From time to time, Grameen Foundation may offer incentive programs in connection with certain requests for Content.  Depending on the incentive program, this could include contests with prizes for Content which meet certain criteria.  Any incentive program will be governed by additional terms.  Unless specifically submitted in accordance with the terms and conditions of an incentive program so designated in writing by Grameen Foundation, all submission of Content will be considered to be a normal submission not entitled to any compensation or consideration for any incentives.


General Rules of Conduct. We ask that each user of the website respect one another and Grameen Foundation by following these general rules of conduct. You shall not use the website to:


a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise deemed by us to be objectionable;


b. upload, post, email, transmit or otherwise make available any Content that can be used to personally identify you including without limitation full name, address, telephone number, email address or other information that can be used to identifiable or contact you;


c. impersonate any person or entity, including, but not limited to, Grameen Foundation, or falsely state or otherwise misrepresent your affiliation with a person or entity;


d. manipulate identifiers in order to disguise the origin of any Content transmitted through to the website;


e. upload, email, post, or otherwise make available any Content that you do not have a right to make available, including without limitation, any Content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of another party;


f. upload, email, transmit, post, or otherwise make available any unsolicited or unauthorized advertising, promotional advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;


g. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to enjoy the services of the website;


h. interfere with or disrupt the website, its services, or servers;


i. in any way intentionally or unintentionally violate any applicable local, state, national or international law or regulation;


j. use the services to harm, or attempt to harm, minors in any way;


k. stalk or otherwise harass another, and/or;


l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein.


Further, you shall not:


- reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms of Use;


- access without authority, interfere with, damage or disrupt:


- any part of our website;


- any equipment or network on which our website is stored;


- any software used in the provision of our website; or


- any equipment or network or software owned or used by any third party.


These lists only serve to provide examples and are not meant to be exhaustive lists of the type of misuses of the website that may result in the restriction, suspension or termination of your access to the website. Due to the global nature of the internet, users hereby agree to comply with all local laws and rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable laws and rules regarding the export of any data from any country.


Whenever you use the website, including uploading User Contributions to the website, you must comply with these Terms of Use. You warrant that any use of the website and/or your User Contributions comply with these Terms of Use, and you indemnify us for any breach of that warranty.


Grameen Foundation may revoke your right to use or access the website if you violate any of the aforementioned rules.           


 Monitoring the Site. You agree that Grameen Foundation may or may not screen Content, but that Grameen Foundation and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse or remove any Content that is available via the website.  Without limiting the foregoing, Grameen Foundation and its designees shall have the right to remove any Content that does not comply with these Terms of Use or is otherwise objectionable. You agree that Grameen Foundation has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, or (c) the modification or malformation of data communications over the website.


Viruses, Hacking and Other Offences


You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.


By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.


Termination.


You agree that Grameen Foundation may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and revoke your right to use or access the website.


Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the website.


Termination of your account includes: (a) withdrawal of your right to use the website (b) removal of access to all offerings within the website, (c) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (d) barring of further use of the website. Further, you agree that termination shall be in Grameen Foundation's sole discretion and that, except as explicitly provided herein, Grameen Foundation shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the website. Upon any termination of this Agreement, you shall immediately discontinue use of the website.


Links from our website


The website may provide, or third parties may provide, links to other websites or resources of third parties.  These links are provided for information only and Grameen Foundation has no control over the Contents of such websites or resources. Therefore, you acknowledge and agree that Grameen Foundation has no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources.  You further acknowledge and agree that Grameen Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.


Linking to our website


You may link to the home page of our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.]


DISCLAIMER OF WARRANTIES


You agree that use of the website is at your sole risk. The website, including but not limited to all software, functions, materials, and information, displayed on our website are provided on an “as is” and “as available” basis, without any guarantees, conditions or warranties as to their accuracy, and to the extent permitted by law Grameen Foundation (including, without limitation, its subsidiaries, affiliates, officers, employees, agents, partners, licensors, independent consultants, subcontractors, distributors, or any client of Grameen Foundation (collectively, “Grameen Foundation third parties”) expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.


You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.


No advice or information, whether oral or written, obtained by you through the website shall create any warranty not expressly made herein. [Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers contained herein may not apply to you and you may have additional rights.]


LIMITATION OF LIABILITY


In no event shall Grameen Foundation or any related third parties have any liability for any loss or damages incurred by any user, including, without limitation direct, indirect, special, incidental, or consequential damages, in connection with the website or relating to use of the website, inability to use the website, any websites linked to this website, and any materials or other information contained within the website or on websites linked to this website, including: 


- loss of profits or contracts;


- loss or damage to data


- loss of business


- business interruption;


- loss of income or revenue;


- loss of anticipated savings;


- loss of goodwill;


- wasted management or office time;


whether based on warranty, contracts, statutes, regulations, tort (including, but not limited to, negligence) or any other legal theory, even if foreseeable,  and whether or not advised of the possibility of such damages.


If your use of the materials or information from this website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.


Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total and aggregate liability of any party under this agreement for any cause of action or reason whatsoever exceed $100.00 or the total fees you paid to us in during the 3 month period preceding the event giving rise to the liability, whichever is greater. Your sole and exclusive remedy under this agreement is to discontinue the use of the services. The liability of any party under this agreement shall be cumulative and not per incident.


This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


INDEMNITY


YOU AGREE TO INDEMNIFY AND HOLD Grameen Foundation AND Grameen Foundation THIRD PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USER CONTRIBUTIONS, YOUR USE OF THE website, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.


General Information


Entire Agreement. The Terms of Use constitutes the entire agreement between you and Grameen Foundation and governs your use of the website, superseding any prior agreements between you and Grameen Foundation with respect to the website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.


Choice of Law and Forum. The Terms of Use and the relationship between you and Grameen Foundation shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and Grameen Foundation agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia.


Waiver and Severability of Terms. The failure of Grameen Foundation to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect.


Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, its services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.


Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement


Grameen Foundation respects the intellectual property of others, and we ask our users to do the same. Grameen Foundation may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Grameen Foundation with the following information:


1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


Grameen Foundation’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: 


General Counsel, at jsoyars@grameenfoundation.org 


Violations


Please report any violations of the Terms of Use to General Counsel at  jsoyars@grameenfoundation.org


Grameen Foundation, Copyright © 2012. All rights reserved.