User Agreement

General

What is EMALSYS?

The Emergency Alert System (EMALSYS) is a roster management tool designed for organisations involved in emergency response. It assists with managing, mobilising, and deploying staff to the field.

User Agreement

Welcome, and thanks for using emalsys.net and/or other Relief Applications services and apps! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.

Note: You are entering into a legally binding agreement.

1. Introduction

Last revised on February 1, 2016

We are a social network and online platform for professionals.

1.1. Purpose

Our mission is to connect the professionals of the humanitarian sector to allow them to be more productive and successful.

1.2. Agreement

When you use our Services, you are entering into a legal agreement and you agree to all of these terms.

You agree that by clicking “Register for free” “Log In” or similar, registering, accessing or using our services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company. Your agreement is with Relief Applications (registered in France).

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features as may be amended by Relief Applications from time to time. If you do not agree to this Agreement, do NOT click “Register for free” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

2. Obligations

2.1. Service Eligibility

Here are some promises you make to us in this Agreement:

You're eligible to enter into this Agreement and you are at least our “Minimum Age.”

To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Emalsys account which must be in your real name; and you are not already restricted by Emalsys from using the Services.

“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Emalsys.net to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

2.2. Your Membership

You'll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, rosters) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.

Note that for Premium Services purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.

2.3. Notices and Service Messages

You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

If the contact information you provide isn't up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

2.4. Messages and Sharing

When you share information, others can see, copy and use that information.

Our Services allow sharing of information in many ways, such as your profile, rosters, documents. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your License to Emalsys.net

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

We'll honor the choices you make about who gets to see your information and content.

You promise to only provide information and content that you have the right to share, and that your Emalsys profile will be truthful.

As between you and Relief Applications, you own the content and information that you submit or post to the Services and you are only granting Relief Applications the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

a. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

b. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings.

c. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

d. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By submitting suggestions or other feedback regarding our Services to Emalsys.net, you agree that Emalsys.net can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Emalsys.net may be required by law to remove certain information or content in certain countries.

3.2. Service Availability

We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

Emalsys.net is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Section 3.1 of our Privacy Policy

3.3. Limits

We have the right to limit how you connect and interact on our Services.

We're providing you notice about our intellectual property rights.

Relief Applications reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Relief Applications reserves the right to restrict, suspend, or terminate your account if Relief Applications believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).

4. Disclaimer and Limit of Liability

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, Relief Applications (AND THOSE THAT Relief Applications WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2. Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS Relief Applications HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), Relief Applications (AND THOSE THAT Relief Applications WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Relief Applications AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Relief Applications HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Agreement anytime we want.

Relief Applications or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;

· Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;

  • Sections 4 and 6 of this Agreement;

· Any amounts owed by either party prior to termination remain owed after termination.

6. Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in Toulouse (France) courts, applying French law.

7. Emalsys.net “DOs” and “DON’Ts.”

7.1. Dos. You agree that you will:

· Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

· Provide accurate information to us and keep it updated;

  • Use your real name on your profile;
  • Use the Services in a professional manner.

7.2. Don'ts. You agree that you will not:

· Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

· Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Emalsys.net);

· Use an image that is not your likeness or a head-shot photo for your profile;

  • Create a false identity on Emalsys.net;

· Misrepresent your current or previous positions and qualifications;

· Misrepresent your affiliations with a person or entity, past or present;

· Misrepresent your identity, including but not limited to the use of a pseudonym;

· Create a Member profile for anyone other than yourself (a real person);

  • Use or attempt to use another's account;
  • Harass, abuse or harm another person;

· Send spam or other unwelcomed communications to others;

· Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

· Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

· Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));

· Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

· Use Emalsys invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;

· Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Relief Applications;

· Send messages to distribution lists, newsgroup aliases, or group aliases;

· Post anything that contains software viruses, worms, or any other harmful code;

· Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;

· Create profiles or provide content that promotes escort services or prostitution.

· Creating or operate a pyramid scheme, fraud or other similar practice;

· Copy or use the information, content or data of others available on the Services (except as expressly authorized);

· Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;

· Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;

· Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;

· Share or disclose information of others without their express consent;

· Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;

· Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

· Monitor the Services' availability, performance or functionality for any competitive purpose;

· Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

· Access the Services except through the interfaces expressly provided by Relief Applications, such as its mobile applications;

  • Override any security feature of the Services;

· Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

8. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.