Last modified: November 12, 2018
Acceptance of these Terms
Changes to the Terms
AVA Doctor is offered by Vinci Solutions (“Vinci”, “we” or “us”). We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of AVA Doctor following the posting of revised Terms means that you accept and agree to the changes.
Changes to AVA Doctor
While we hope to always offer AVA Doctor and all its features, we reserve the right to change or cease offering AVA Doctor or any part, portion or functionality of AVA Doctor without notice. We will not be liable if for any reason all or any part of AVA Doctor is unavailable at any time.
Information About You and Your Access of AVA Doctor
Permitted and Unpermitted Use
These Terms allow you to use AVA Doctor in accordance with these Terms for either your personal and non-commercial use or for the internal use of your non-profit organization. All rights not expressly granted to you are reserved by Vinci.
You agree you are not permitted and will not use AVA Doctor as follows:
- in any way that violates any federal, state, local or international law or regulation;
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to impersonate or attempt to impersonate any company or person, including Vinci or another AVA Doctor user;
- to engage in any other conduct which, as determined by us, may harm Vinci or users of AVA Doctor or expose them to liability;
- in any manner that could disable, overburden, damage, or impair AVA Doctor or interfere with another’s use of AVA Doctor;
- use any robot, spider, or other automatic device, process, or means to access AVA Doctor for any purpose, including monitoring or copying any of the material and/or data on AVA Doctor;
- to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of AVA Doctor or any server, computer, or database connected to AVA Doctor;
- to attack AVA Doctor via a denial-of-service attack or a distributed denial-of-service attack; and
- otherwise attempt to interfere with the proper working of AVA Doctor.
You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which, as determined by Vinci in its sole discretion:
- contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- promotes sexually explicit or pornographic material, violence, or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; or
- promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
- gives the impression that the material emanates from or is endorsed by Vinci or any other person or entity, if this is not the case.
AVA Doctor contains interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Uploads”) on or through AVA Doctor.
However, we do not undertake to review User Uploads or any other material before it is posted on or through AVA Doctor and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
All User Uploads must comply with these Terms. By providing any User Uploads on or through AVA Doctor, you grant us and our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to offer the AVA Doctor functionality you request or otherwise utilize. You represent and warrant that you own or control all rights in and to the User Uploads and have the right to grant this license and that all of your User Uploads do and will comply with these Terms. We are not responsible, or liable to any third party, for the content or accuracy of any User Uploads posted by you or any other user of AVA Doctor.
If you choose, or are provided with, a user name, password, or similar information as part of our security procedures, you agree to treat such information confidential, and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Monitoring and Enforcement; Legal Compliance; Termination
You agree that we have the right to:
- take any action with respect to any user, User account or User Uploads that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third party rights, a threat to the personal safety of others, or a threat or liability or harm to the goodwill associated with AVA Doctor or Vinci;
- take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of AVA Doctor; and
- terminate or suspend your access to all or part of AVA Doctor for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through AVA Doctor. YOU WAIVE AND HOLD HARMLESS VINCI AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VINCI OR LAW ENFORCEMENT AUTHORITIES.
Your Reliance on Information and Translations
The information presented on or through AVA Doctor is made available solely for purposes as general guidance and medical information. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. In addition, although we strive to provide medical information found on AVA Doctor, for various vitals are provided to us by the devices and we do not represent or warrant the accuracy of those data. We disclaim all liability and responsibility arising from any reliance placed on such data by you or any other user to AVA Doctor, or by anyone who may be informed of any of its contents.
Intellectual Property Rights
AVA Doctor and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by Vinci, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Logos and Designs
The AVA Doctor name, Vinci name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of Vinci. You must not use these marks and copyright without the prior written permission of Vinci. All other names, logos, product and service names, designs and slogans on AVA Doctor are the trademarks of their respective owners.
Intellectual Property Infringement
Third Party Links and Services
AVA Doctor may include content provided by third parties. If AVA Doctor contains links to other sites and pop-ups and similar resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from AVA Doctor, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Vinci, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Vinci. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking from and to AVA Doctor and Social Media Features
AVA Doctor may provide certain features that enable you to connect or link to or from social media as well as other third-party websites and applications and share information and communications to and from AVA Doctor and such third party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. We may disable all or any of these features at any time without notice in our discretion.
Vinci, the owner of AVA Doctor, is based in Ras Al Khaimah Emirate in the United Arab Emirates. We make no claims that AVA Doctor or any of its content is accessible or appropriate outside of the United Arab Emirates. Access to AVA Doctor may not be legal by certain persons or in certain countries. If you access AVA Doctor from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF AVA DOCTOR, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH AVA DOCTOR IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VINCI NOR ANY PERSON ASSOCIATED WITH VINCI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF AVA DOCTOR. WITHOUT LIMITING THE FOREGOING, NEITHER VINCI NOR ANYONE ASSOCIATED WITH VINCI REPRESENTS OR WARRANTS THAT AVA DOCTOR OR ANY FUNCTIONALITY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH AVA DOCTOR WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT AVA DOCTOR OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT AVA DOCTOR OR ANY SERVICES OR ITEMS OBTAINED THROUGH AVA DOCTOR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VINCI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL VINCI, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, AVA DOCTOR, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH AVA DOCTOR OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH AVA DOCTOR, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Vinci, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of AVA Doctor, including, but not limited to, your User Uploads, any use of AVA Doctor content, services and products other than as expressly authorized in these Terms or your use of any information obtained from AVA Doctor.
Governing Law and Jurisdiction
All matters, disputes or claims relating to AVA Doctor and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United Arab Emirates without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or AVA Doctor shall be instituted exclusively in the federal courts of the United Arab Emirates or the Dubai Courts in each case located in the Dubai of UAE. By agreeing to these Terms and using AVA Doctor, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
Vinci may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Your Comments and Concerns