Terms and Conditions
1. Acceptance of terms
The Medicstudy Foundation is a non-commercial service which provides to you, subject to the following Terms of Service (“TOS”); these terms may be updated by us from time to time without notice to you. When using particular Medicstudy Foundation services, you and The Medicstudy Foundation shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Your registration obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Medicstudy Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Medicstudy Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Free access to The Medicstudy Foundation services will be granted to individuals, professional organisations and corporations located in those countries where The Medicimage Foundation has a formal written agreement of collaboration with a third party.
3. Member account, password and security
You will receive a password and account designation upon completing the Service’s registration process which includes your acceptance of these Terms of Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Medicstudy Foundation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by clicking on the ‘Exit The Medicstudy Foundation’ menu option. The Medicstudy Foundation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
The content on The Medicstudy Foundation website is solely for education, training and research purposes and cannot be used for any commercial purpose whatsoever. Usage of The Medicstudy Foundation services will be monitored on a regular basis and any unauthorized usage resulting from members’ wrongful use of the content or abuse of the confidentiality of their password and account details will mean that the account and membership will be terminated.
4. Member conduct
The Medicstudy Foundation will be responsible for the content on the site that it originates and also the syndicated content, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”).
The Medicstudy Foundation will use its best endeavours to ensure that the content is not offensive, indecent or objectionable but under no circumstances will The Medicstudy Foundation be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
The Medicstudy Foundation reserves the right to check individual members’ references at any time because it is a breach of our terms and conditions for unqualified individuals to access the library, to share contents with third parties, or use the images for purposes other than education, training and research. Abuse of these terms will render members with immediate disqualification.
5. Special conditions for International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
6. No resale of service
You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service, use of the Service, or access to the Service.
You agree that The Medicstudy Foundation, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if The Medicstudy Foundation believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Medicstudy Foundation may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The Medicstudy Foundation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Medicstudy Foundation shall not be liable to you or any third-party for any termination of your access to the Service.
8. The Medicstudy Foundation’s proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Medicstudy Foundation or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The Medicstudy Foundation grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by The Medicstudy Foundation for use in accessing the Service.
9. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Medicstudy Foundation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Medicstudy Foundation MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Medicstudy Foundation OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS
The Medicstudy Foundation is a distributor and not a publisher of content supplied by third parties on the The Medicstudy Foundation web site. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties, are those of the respective authors or distributors and not of The Medicstudy Foundation, or its affiliates, or any of its shareholders, officers, directors, employees or agents. Neither The Medicstudy Foundation, nor its affiliates, or any of its officers, directors, employees, or agents, nor any third party, including third-party content providers, sponsors or licensers, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through The Medicstudy Foundation, represents the opinions and judgements of the respective third-party provider, sponsor or licenser. The Medicstudy Foundation, neither endorses, nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the The Medicstudy Foundation web site by anyone other than an authorized The Medicstudy Foundation employee. Under no circumstances shall The Medicstudy Foundation, or its affiliates, or any of its shareholders, officers, directors, employees or agents, be liable for any loss or damage caused by a user’s reliance on information obtained through the The Medicstudy Foundation web site or any loss or damage caused by a user being exposed to information contained on the The Medicstudy Foundation web site. It is the responsibility of the user to evaluate the information, opinion, advice, or other content available through the The Medicstudy Foundation web site.
10. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Medicstudy Foundation SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Medicstudy Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
12. Special disclaimer for services relating to financial matters
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The Medicstudy Foundation shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
14. Trademark information
The Medicstudy Foundation, the The Medicstudy Foundation logo, and other The Medicstudy Foundation logos and product and service names are trademarks of The Medicstudy Foundation Limited registered in Ireland (the “The Medicstudy Foundation Marks”). Without The Medicstudy Foundation‘s prior permission, you agree not to display or use in any manner, the The Medicstudy Foundation Marks.
All web site design, text, graphics, content, the selection and arrangement thereof, and all software Copyright © 2013, The Medicstudy Foundation ALL RIGHTS RESERVED. Any use of materials on this web site – including reproduction, modification, distribution, or republication – without the prior permission of The Medicstudy Foundation is strictly prohibited.
Images and other content used on the The Medicstudy Foundation web site are the property of their respective copyright owners, and are used by The Medicstudy Foundation, pursuant to express authorization from the copyright owners or their agents. ALL RIGHTS RESERVED. Any use of the images or other content, including the reproduction, modification, distribution or replication of same, must comply with the ‘Usage Terms & Conditions’ displayed in download areas of the The Medicstudy Foundation site. Any other usage outside these Usage Terms & Conditions without the express permission of the owner of the Copyright, their agents, or The Medicstudy Foundation, is strictly prohibited.
The Medicstudy Foundation respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Medicstudy Foundation the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. General information
The TOS constitute the entire agreement between you and The Medicstudy Foundation and govern your use of the Service, superceding any prior agreements between you and The Medicstudy Foundation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and The Medicstudy Foundation shall be governed by the laws of Ireland. You and The Medicstudy Foundation agree to submit to the personal and exclusive jurisdiction of the courts located within England. The failure of The Medicstudy Foundation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.