TERMS OF USE The following “Terms of Use” govern the use by all Users of the Baptist Institute of Health Sciences and Mbingo Baptist Hospital websites, services, products, and applications. By using or accessing the Services, you agree to be bound by these Terms of Use, as updated from time to time. There may be instances when we offer additional terms specific to all or some of our products, application, or service, which are incorporated by reference into these Terms of Use. Hence, in case the additional terms conflict with these Terms of Use, those additional terms, concerning your use of the product, application, or service, will prevail. In case of any uncertainty on the binding term do not hesitate to reach out to us via email at bihsinfo21@gmail.com for clarification. 1. USING THE SERVICES – GENERAL TERMS In the use of certain services provided by BIHS, you may provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms, and forums information, content, or other material. You are solely responsible for your Content That is, whatever, information or data you create while using the BIHS services is solely your responsibility. This implies its implication and ownership of facts is on you and not on BIHS. Therefore, you as the content creator shall assume all risks associated with using your content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Content that personally identifies you or any third party. You are solely responsible for creating and maintaining the backup copies of your User Content if you so desire. Some BIHS services may allow you to do the following: a. Provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms, and forums. Remember that all information that is disclosed in blogs, message boards, comments, or other public areas becomes public information, and you should exercise caution when deciding to share any of your personal information as part of your content. b. Modify your content such as profile information, address, contact, and others. c. Grant access to third parties to have access to your content subject to these Terms of Use. Except as expressly permitted herein, you shall not: d. Access the services by any means other than instructions provided by the Baptist Institute of Health Sciences (BIHS). e. Use the services or products of BIHS for any illegal or unauthorized purpose. f. Disrupt, damage, disable, alter, tamper, delete or interfere with the Services and/or Product of BIHS. g. Share with any third-party access codes or account information, including without limitation, your username, and password that you may create, or the BIHS may provide in connection with our Services and/or Product. h. Attempt to gain unauthorized access to the Services or its related systems or networks, or otherwise override any security feature of the exclusionary protocol. i. Reproduce, duplicate, copy, download, sell, resell, visit, or otherwise exploit the Services or BIHS created and copyrighted content for any commercial purpose without the express written consent from the Dean with stand Proxy to the proprietor of BIHS; Not permitted to Access the Services to: j. Build a competitive product or service. k. Copy any ideas, features, functions, or graphics of the Services. l. Text and data-mine except as permitted by the Privacy Policy and Data Mining Agreement with BIHS. BIHS is the only legal entity with full rights to make reproductions and extractions for text and data mining but as guided by its Privacy Policy. m. Provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms or forums, or facilitate any of the foregoing, any content that: • Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually explicit, or tortious. • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party. • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling. • Constitutes the selling or trading of any merchandise. • Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting, or participating in chain letters or marketing/pyramid schemes. • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party. • Contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on; or • Impersonates any person or entity. We generally do not pre-screen, monitor, or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You are responsible for all activity that occurs under your account, and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information. You acknowledge that the use of the Services is for your personal use only. 2. OWNERSHIP All rights (including without limitation, copyrights, trademarks, patents, and trade secrets) in the Services and the content contained therein, other than Your Content (content created by you as the user), and all rights in the data concerning your use of the Services referred to as Company Content is and will remain the sole and exclusive property of the Baptist institute of Health Sciences (BIHS) and/or its licensors. No title to or ownership of any portion of the Services, the BIHS Content, or any other products or services manufactured, sold, and/or distributed or otherwise made available by BIHS, or any proprietary rights related to those products/services, is or will be transferred according to or under these Terms of Use. BIHS hereby grants you a limited, non-exclusive, non-sublicensable, revocable license to display and reproduce its Content (other than software code) solely for your personal use in connection with using the Services and to use the Services for your personal use following these Terms of Use. BIHS and its licensors reserve all rights not granted in these Terms of Use. There are no implied licenses granted under these Terms of Use. By providing, posting, uploading, inputting, or submitting (“Providing”) Your Content to the Services, you hereby grant Company a worldwide, royalty-free, perpetual, non-exclusive, sublicensable, and transferable license to use, distribute, reproduce, prepare derivative works of, perform, display, publish, post, reformat, index, archive, make available, link to, and otherwise use Your Content in all forms and media (whether now known or later developed) in connection with the Services. By Providing Your Content, you warrant and represent that: you own or otherwise control all of the rights to Your Content, including, without limitation, all the rights necessary for granting the permission specified above; Your Content does not contain any unlawful statements, infringe upon the rights of others, breach any confidentiality obligation, violate a contract, or contain any material or instructions that might cause harm or injury; and you own or otherwise control all of the rights to Your Content, including, without limitation, all the rights necessary for granting the permission specified above. 3. FEEDBACK You may from time to time provide the BIHS with suggestions, ideas, or other feedback regarding the Services (“Feedback”). Both parties agree that the Company shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you. 4. THIRD-PARTY LINKS & ADS; OTHER USERS A. Third-Party Links & Ads. Our websites may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the BIHS, and BIHS is not responsible for any Third-Party Links & Ads. BIHS may provide access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. B. Other Users. Each user of our Services is solely responsible for all its user content, which we do not control. We make no guarantees regarding the accuracy, currency, suitability, or quality of any such information, content, or material. Your interactions with other users through our Services are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved. 5. TERM AND TERMINATION These Terms of Use remain in full force and effect while you use our Services. We reserve the right, in our sole discretion, to suspend or terminate your Account and/or access to all or part of the Services, with or without notice. You understand that any termination of your Account may involve the deletion of Your Content associated with your Account from our live databases. BIHS will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of Your Content. Upon termination, all rights granted to you in these Terms of Use will immediately cease. To the extent that you have a subscription that extends beyond termination of these Terms of Use unless such termination is due to your breach, the subscription shall remain in force for the period outlined in the subscription terms or subscription order. Any provision of these Terms of Use that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Use will survive. 6. INDEMNIFICATION A. To the extent permitted by applicable law, you will defend, indemnify, and hold harmless the Company, its licensees, and their respective affiliates, parents and subsidiaries, and their respective officers, directors, agents, representatives, successors, and assigns (the “Company Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Company Indemnitee ● claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret, or other proprietary rights of any third party ● in connection with your violation of these Terms of Use; or your violation of applicable laws or regulations. B. In the event of a claim triggering your obligation to indemnify, you shall provide us with ● prompt written notice of any such claim ● sole control over the defense and settlement of such claim and ● proper and full information and assistance to settle or defend any such claim. 7. DISCLAIMER The Services and all materials contained therein are provided "as is", without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability, or fitness for a particular purpose. The use of the Services and all materials contained therein is at your own risk. Access to the Services may be interrupted and may not be error-free. Neither Company nor anyone else involved in creating the Services or the material contained therein will be liable to you for any direct indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the Services and all materials contained therein, even if Company has been advised of the possibility of such damages. The terms of this Section 7 shall apply to the fullest extent permitted by the law in the applicable jurisdiction. 8. CORRECTIONS The Services may contain errors or inaccuracies and may not be complete or current. The Company, therefore, reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. 9. INJUNCTIVE RELIEF You agree that any breach of your obligations concerning Company's proprietary or intellectual property rights will result in irreparable injury to Company for which money damages are inadequate, and you, therefore, agree that Company shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper. 10. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your copyright-protected work has been posted on the BIHS without authorization, please contact BIHS at bihsinfo21@gmail.com to bring this to our notice. To report incidents of online piracy or brand abuse (misuse of logos or wordmarks) of BIHS content, please do the following: o Please copy the link and send it to bihsinfo21@gmail.com o The content will be verified o If genuine, the BIHS legal department shall be engaged to 11. PRIVACY POLICY & CONSENT The BIHS’s Privacy Policy is located on our website. Just, kindly click on Privacy Policy.
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