Terms of use (english)

Preamble

The "ICIS E-Learnig Hub" (hereafter "Hub" or the "Service") provides software and digital information (hereafter "Content") over the Internet and other electronic networks for viewing on electronic devices such as personal computers.

These services are provided by MeVis Medical Solutions AG (hereafter "MeVis"), located at Caroline-Herschel-Str. 1, 28359 Bremen, Germany, email: academy@mevis.de. MeVis’ complete information is available at http://www.mevis.de/en/imprint/ by order of International Cancer Imaging Society, 41 Waddington Way, London, SE19 3UB, United Kingdom (hereafter SOCIETY, or ICIS).

MeVis may provide the Services through third parties.

Intended Use

These Services comprise a teaching tool for medical professionals. They are not intended for clinical or diagnostic use.

Licensing

MeVis grants you, hereafter the User, a non-exclusive license for a limited term, limited territory, and/or limited frequency to use the Service and the Content solely for personal, non-commercial use such as self-education.

The User may view and/or interact with the Content for a time-limited license to use the Service. The license is granted solely to the registered User and may not be transferred to third parties. The User agrees not to share their account and access information with other individuals.

This license does not include reproduction, distribution, publication, or processing in any form except for the use of the Content within the Service as designed and explicitly stated by MeVis.

The User is not authorized to:

All copyright notices, other instructions or disclaimers of the Service or copyright holder, or all other similar screen texts must not be removed or altered in any way. No part of the Content and the Service may be reproduced, posted, or distributed, reverse engineered whether for free or for a fee, to a third party without prior written consent from MeVis and the copyright holders.

All Content for license through MeVis Online Academy is licensed by or to MeVis, and the User acknowledges and confirms that the material provided is protected by copyright and that the exclusive copyright in all forms remains with the copyright owners.

Modification

MeVis reserves the right to change, at any time and without prior notice:

Users may not attempt or assist others in accessing the Service through hacking, password evading, or meddling with security features in ways that could, but are not limited to, actions that interfere with the proper functioning of the Services.

Violation of these security measures, including but not limited to, impersonation of any other person or entity or attempt to access a MeVis Online Academy User account that User is not the owner of, may result in civil or criminal liability.

Account Usage Information

Members of the SOCIETY use this service via their personal account, e.g. email/password or their personal SOCIETY membership ID.

To use the Service, a personalized MeVis Online Academy user account ("Account") is created with the provided email address, a password, and a name. The User is obligated to make true statements and may not use pseudonyms or stage names.

The User is responsible for any and all activity that may occur under his or her personalized account, and is responsible for keeping the account information secure and confidential. MeVis will not be held liable for any losses sustained by a third party abusing a personalized User account, but the User may be held liable for such losses. Additionally, the User may not use another User’s Account.

The User is solely responsible for notifying MeVis should personal information such as email address or name change or when a breach of security has occurred. MeVis reserves the right to investigate cases of suspected unauthorized use or other contract violations and to take appropriate actions against, or prohibit the use of this Service by unauthorized persons. MeVis also reserves the right to make claims for compensation or damages if these terms of use are violated.

The User is responsible for reading information sent to the email address associated to his Account regularly.

Period to access the training

Access to the course is limited to 365 days from initial log-in.

The User agrees that MeVis may block and/or delete a User account and/or User data after 12 (twelve) months of inactivity of the User.

Payment

Access to the complimentary cases is offered free of charge and paid courses at a discounted charge for members of the SOCIETY as part of the SOCIETY membership according to the rules, terms and conditions of the SOCIETY, available at http://www.icimagingsociety.org.uk/

MeVis does not charge any direct fees or payments to the User.

Delivery of Service

MeVis will make all reasonable efforts to deliver the Service to the User within 3 (three) days, but does not make any guarantee of a specific delivery date.

MeVis shall not be liable for any costs, expenses, or damages of any nature, whether general, consequential, as a penalty for, liquidated or otherwise, arising out of or owing to any delays in delivery beyond MeVis’ reasonable control.

Delivery of Service shall be the location of the webserver running the Service.

Publishing agreement

The User may contribute a new case ("Work") to the E-Learning Hub for the benefit of training other users. The Work can be created by uploading digital content such as medical images, text, diagnostic reports, findings, questionnaires, audio/video, or text editing and authoring within the E-Learning Hub.

With contribution of Work to the Service, in particular upload of content, the author grants the SOCIETY, its successors and representatives, the unrestricted, perpetual, worldwide, non-exclusive, transferable, royalty-free right to publish, display, transmit, modify, translate, sub-license, advertise the Work in all forms.

By contributing content, you (the User) represent and warrant to MeVis and the SOCIETY

  1. you own all rights in the Content or otherwise have right to submit the Content to MeVis and SOCIETY, and
  2. the Content does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, publicity or privacy).

You hereby agree to defend, indemnify and hold harmless the Authorized Persons from and against any and losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties.

Any other agreements have to be confirmed in writing.

Research & Development

The User agrees, that the MeVis Online Academy collects statistical data usage for research & development, and its anonymized publication, for example usability studies on cohort reading time or training efficiency.

Data Privacy

By using the Service, you agree with the MeVis data privacy policy, which is available at http://www.mevis.de/en/data-privacy/ ("Data Privacy Policy", DE: "Datenschutzerklärung").

The User agrees that MeVis uses Cookies and Google Analytics to optimize the Service and that the Data Privacy Policy is legally binding. The User may deactivate Google Analytics here.

The Data Privacy Policy is subject to change without notice. However, MeVis will take reasonable action to inform Users of significant changes in our Data Privacy Policy.

MeVis may use personal information about the User from our websites to optimize the Service and contact the User, for example by email, about new Services and developments associated with the MeVis Online Academy.

The User acknowledges and agrees that internet transmissions are never completely restricted and secure, and the User understands that any information the User sends to the MeVis Online Academy websites (including encrypted information) may be intercepted by others.

Service Quality, Changes, and General Disclaimer

MeVis is committed to provide the Service 24/7 with an annual availability of 99%.

MeVis reserves the right to adapt, suspend, or discontinue any portion of the Service without notice or liability to MeVis. This includes interrupting the operation of the Service in order to perform maintenance or any changes to the Content.

MeVis is not responsible for problems caused by factors outside of MeVis’ reasonable control, problems resulting from any action or inactions by the User or any third party, problems resulting from equipment not within MeVis’ sole control, or the availability of the internet and other electronic networks, and/or maintenance of the Service.

MeVis cannot ensure that Content the User downloads with the Service will be free of viruses, error, interruption, defect, delay in transmission, or any other detrimental features, and cannot ensure that any of the above problems will be corrected.

Compatibility

The User is aware of the fact that some internet browsers may be incompatible with the Service and display the Service and the Content only partially, with defects or not at all.

MeVis assures the compatibility of the Service for use with at least one web browser ("Reference Browser") for use on a standard consumer personal computer with a consumer display and a high speed internet connection.

The Reference Browser is the most recent version of the Mozilla Firefox Browser, which is available at www.mozilla.org. The most recent version of other web browsers such as Google Chrome or Safari may be used with the Service, but MeVis does not guarantee the compatibility of these browsers and the Service. MeVis recommends that the User installs the most recent version of the Reference Web Browser.

Termination of Services

The User agrees that MeVis may terminate the Service within a period of 12 (twelve) months without prior notice or refund of any fees.

Warranty Disclaimer

MeVis warrants and represents to the User that any service requested by and provided to the User will be performed in a professional and workmanlike manner. If the Service is found to be defective, MeVis will, at its option, reprovision the services or refund any fees paid for said non-conforming services.

MeVis does not warrant that the operation of the Service will be uninterrupted or error free. Except as set forth above, MeVis makes no warranties, whether expressed, implied, or statutory regarding or relating to the Service, Content, software, documentation, or any goods or services furnished or provided by MeVis.

Governing Law and Jurisdiction

This agreement shall be interpreted exclusively under the laws of the Federal Republic of Germany. The sole place of jurisdiction for all disputes arising directly or indirect from this agreement shall be Bremen, Germany.

Miscellaneous

Neither party will use or disclose the other party’s confidential information without the others’ prior written consent.

Some of the product names, patents, and registered designs referred to in the Content are registered trademarks or proprietary names even though specific reference to this fact is not always made in the text. Therefore, the appearance of a name without designation as proprietary is not to be construed as a representation by MeVis that it is in the public domain.

MeVis hereby rejects any different or conflicting terms and conditions contained in any order, acknowledgement, or other document. If MeVis does not receive written objection to any of MeVis’ terms within 5 (five) days of the Users receipt thereof, or if the User accepts delivered goods, Content or Service, MeVis’ terms and conditions shall be deemed accepted by the User.

If any portion of this agreement, regardless of the reason, is, or becomes, void, ineffective or unenforceable – in full or in part – the validity of the remaining provisions shall not be affected. The no longer applicable portion should be altered and adapted in order to fulfill the original intention and economic effect of the original agreement as closely as possible.

ICIS/MeVis Online Academy terms and conditions, as amended 2016-Aug-25.
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