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Mediwikis:General disclaimer

From Mediwikis
Revision as of 11:38, 18 July 2015 by Stuartbman (Talk | contribs) (4. Intellectual property rights)

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1. Terms of website use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website: http://mediwikis.com (our website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use our site.

2. Information about us

http://mediwikis.com is a site operated by UniWikis Ltd. ("we" or "us" or "our"). We are a limited company registered in England and Wales under company number 08449608 and have our registered office at Gateshead International Business Centre, Mulgrave Terrace, Gateshead, Tyne and Wear, NE8 1AN.
Further information is available here

3. Accessing our site

3.1. Our website provides a central resource for medical students to upload and edit lecture notes, mnemonics and tutorials. It is provided as an aid to learning in the medical environment. It is not for use by members of the general public.
3.2. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.3. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
3.5. When using our site, you must comply with the provisions of our acceptable use policy set out in paragraph 7.
3.6. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. You must use your own details when using our website and must not impersonate any other person.
3.7. You may unsubscribe to our website by contacting us at [email protected]

4. Intellectual property rights

4.1. All material which is posted to our site is made available to users of our site under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike (CC BY-NC-SA) licence. This contains various requirements which you must comply with when making use of the material. See: http://creativecommons.org/licenses/by-nc-sa/4.0/
4.3. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.4. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.5. If you print off, copy, download or use any part of our site in breach of these terms of use or the Creative Commons licence referred to above, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.6. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of our website or services (other than your own content).
4.7. When you provide us with content or materials, you are granting us. and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content or materials and to allow users of our site to use the content or materials in accordance with the Creative Commons licence referred to above

5. Reliance on information posted

5.1. Our site aims to provide useful notes, mnemonics, tutorials and other materials in order to assist medical students with studies and revision. We try to ensure that the materials are accurate and complete but rely on the contributors of those materials, to a large extent, to make sure that they are accurate and complete for us.
5.2. These materials should only be used as an additional resource and are not intended to amount to advice on which reliance should be placed. You should always check the accuracy of the information contained in the materials with another authoritative source.
5.3. The materials should never be used as the basis for any decision about any form of medical treatment. A suitably qualified medical practitioner should always be consulted before any taking, or refraining from taking, any action based on information contained in the materials on this site.
5.4. Based on the above, and taking into account that the materials are provided to you free of charge and are not provided under any contract or contractual obligation, we, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

6. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

7. Acceptable Use/Your Responsibilities

7.1. You will keep your username and password private and take all reasonable security precautions when using our website. You acknowledge that the internet is never 100% secure and that whilst we will take every reasonable precaution to protect your details and the Service, we cannot guarantee its security. You are solely responsible for the choices you make whilst using our website and for your safety.
7.2. You must not send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam), chain letters or pyramid schemes. You must not misuse our site by knowingly introducing viruses, Trojans, rootkits, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
7.3. You must not impose an unreasonable load on our infrastructure or interfere with the proper working of our website. You must not collect content by automated means without our express consent and you must not bypass measures used to prevent or restrict access to our website.
7.4. You must not harvest or otherwise collect information about others, including email addresses, without their consent.
7.5. You are responsible for reviewing and complying with the terms and conditions, privacy policy and security standards of any third party websites our website is linked to or from. We are not responsible for third party websites.
7.6. It is your responsibility to ensure that you perform any necessary due diligence or safety checks prior to adding any information or requests to our website. You must ensure you post accurate, honest information and act in good faith.
7.7. You will keep us updated of any changes to your personal details and cooperate with our reasonable instructions. You must not post personal details of any other person without their prior consent. It is your responsibility to ensure that you comply with laws and regulations, in particular, the Data Protection Act 1998.
7.8. You must use our website and the links to and from it in an appropriate and acceptable manner. We will not tolerate any use of our website which damages or is likely to damage our reputation, the availability or functionality of our website or which causes us or threatens to cause us to incur any liability of any kind.
7.9. You may only use our website for lawful purposes. You must not use our website in any way that breaches any applicable local, national or international law or regulation. It is your responsibility to check that you are in compliance with local laws and regulations. You must not act in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
7.10. You must be over 16 to use our website.
7.11. You must not restrict or inhibit the use or enjoyment of our website by anyone else.
7.12. If you contribute material to our website or link to third party sites, you agree that any material you contribute relating to our Services will comply with all applicable laws and regulations; be factually accurate and/or will represent your genuinely held belief or opinion; not be threatening, abusive, obscene, defamatory, offensive, hateful or inflammatory; and not infringe confidentiality, or any copyright or intellectual property rights of another person. It is your responsibility to check that you can comply with your obligations under these terms.
7.13. You are solely responsible for all information that you submit to our website and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.

8. Reporting Abuse

8.1. Please report problems, any offensive content and policy breaches to us using our reporting system at [email protected]
8.2. Without limitation to other remedies that may be available to us, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off our website if we think that they are creating problems or acting inconsistently with our policies. Please note that whether or not we decide to take any of these steps, we do not accept any liability for monitoring our website or for any unauthorised or unlawful content on our website or use of by users.

9. Our liability

9.1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9.2. We do not necessarily review users' postings before they go live on our website and are not involved in agreements between users. As most of the content on our website comes from other users, we do not guarantee that postings have been reviewed, the accuracy of postings or user communications or the quality, safety, or legality of what is offered.
9.3. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
9.4. We cannot guarantee continuous, error-free or secure access to our website or that defects will be corrected. We will use reasonable efforts to maintain an uninterrupted service.
9.5. Accordingly, the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
9.5.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
9.5.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
9.5.2.1. loss of income or revenue;
9.5.2.2. loss of business;
9.5.2.3. loss of profits or contracts;
9.5.2.4. loss of anticipated savings;
9.5.2.5. loss of data;
9.5.2.6. loss of goodwill;
9.5.2.7. wasted management or office time; and
9.5.2.8. whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

10. Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate and up to date. You also agree to receive marketing communications from us unless you tell us that you would prefer not to receive such communications.

11. Uploading material to our site

11.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy set out in paragraph 7. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
11.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose in accordance with the Creative Commons licence. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
11.4. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use clause. Please see the acceptable use and reporting use clauses for more information on what action we may take.

12. Linking to our site

12.1. You may link to our home page, provided you ask our permission and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2. You must not establish a link from any website that is not owned by you.
12.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use clause.

13. Links from our site

13.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information 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. We advise you to read the terms and use and privacy policy of any third party sites.

14. Other

14.1. We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
14.2. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
14.3. Nothing in these terms is intended to create any partnership, agency or employment relationship between you and us.
14.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
14.7. If you are unhappy with our service, we strongly encourage you to first contact us directly to seek a resolution by contacting us at [email protected] . We will consider reasonable requests to resolve any dispute between mHealthful and you. You agree that any dispute will be determined by way of alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
14.8. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter. In the event of any conflict between these terms and the terms of linked third parties, these terms shall prevail.

15. Jurisdiction and applicable law

15.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16. Your feedback

If you have any concerns about material which appears on our site, please contact us at [email protected]
Thanks for visiting our site.