1.3 FOR may change, suspend or discontinue any aspect of the Platform or the FOR Application at any time, including the availability of any feature, database, or content. FOR may also impose limits on certain features and services or restrict your access to parts or all of the Platform and the FOR Application without notice or liability.
2. FOR Content
2.1. All materials published on the Platform or on the FOR Application (including, but not limited to articles, checklists, pictures, images, illustrations, audio clips and video clips, together the "Content") are protected by copyright, and owned or controlled by or duly licensed to FOR and/or the party credited as the provider of the Content. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Platform or through the FOR Application.
2.3. You may access certain downloadable items that are displayed on the Platform and on the FOR Application, such as, but not limited to, checklists and e-books. These items can be downloaded, exported and/or copied for personal use and for use solely in your own professional practice. The transfer, display, sale, or other use of these items for any other purpose is strictly prohibited.
2.4. The checklists, e-books, treatment guidelines etc., provided to you on the Platform and on the FOR Application are for information purposes only. They are intended for use by professionals and trained clinicians, to guide them through the key steps of or to explain a given procedure. They can be used as an additional tool by the professionals but shall not substitute appropriate verification.
Neither FOR nor any person related to it, in particular the clinician who authored the checklist, the e-book or the treatment guideline, makes any representation or warranty, whether express or implied, including, but not limited to, warranty of fitness for a particular purpose, nor assumes any liability for the accuracy or completeness of the information provided in these items.
Furthermore, if you download and/or use the Platform, the FOR Application or the checklists or other treatment guidelines and documents, you ensure and assume all responsibility that these terms have been read, understood and accepted by you and any person, colleague or other professional, who will download and/use the Platform, the FOR Application and these checklists or other treatment guidelines and documents through your tablet, computer or Account.
3. User Generated Content
3.1 Fellows may be able to upload Content on this Platform, and may also be able to post comments in dedicated sections of this Platform. They shall not upload to, distribute or otherwise publish on to the Platform any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
When uploading Content, it is the Fellow’s responsibility to comply with all applicable privacy regulations and applicable laws. It is the Fellow’s sole responsibility to act in full accordance with all laws, in particular laws relating to patient data protection.
Fellows may have the option to post comments in an anonymized way. Please note however that the Platform administrators will be able to know which Fellow has posted a specific comment.
3.2. You agree that you will not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with "spam”. Furthermore, you shall not use defamatory, discriminatory or otherwise abusive language against FOR or against any natural or legal person, this person being a User or not. Any such behavior or other non compliance to the obligations set out herein can result in immediate and permanent ban from FOR and suspension of access to the sections of the Platform dedicated to Fellows. Exclusions rules are set out below in Clause 5.
3.3 The Platform and the FOR Application shall be used in accordance with the scientific, educational and humanitarian purposes of FOR, e.g. for the exchange of scholarly works and for the exchange of peer advice of specific cases, and under no circumstances in a commercial manner. You shall not, without the express approval of FOR, distribute or otherwise publish any material containing any solicitation of funds, free advertising or solicitation for goods or services. For the avoidance of doubt, you may make mention of the type or brand of products used for a specific patient case, but under no circumstances shall you make reference or mention a product for advertising purposes.
3.4 You acknowledge that any submissions you make to the Platform (e.g. user-generated content, including but not limited to: comments, forum messages, reviews, text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by FOR and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Platform may also be made available for republishing through other formats, e.g. through the FOR Application.
3.5 Unless otherwise expressly agreed in writing by FOR, you grant FOR a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for FOR or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Platform, including any Submission posted on or to the Platform through a third party.
3.6 You are solely responsible for the content of your Submissions you upload on the Platform. Furthermore, you are solely responsible for collecting all relevant consents before uploading Content on the Platform, such as, but not limited to, the patient’s consent or the copyright owner’s consent.
3.7 Submissions may be reviewed and edited before display on the Platform as described in 3.8 below. The review shall be made by FOR or the persons it designates, to the exception of comments which can also be reviewed and accepted or rejected by the Fellow who uploaded the Submission receiving the comment. Under no circumstances shall FOR be responsible for the Submission or for any comment, nor can it be held responsible should a Submission or comment not be displayed on the Platform.
3.8 FOR reserves the right to not display, or to delete, move, or edit Submissions that FOR, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, in violation of copyright or trademark laws, or otherwise unacceptable.
3.9 By making a Submission, you are consenting to its display and publication on the Platform and on the FOR Application and for related online and offline promotional uses.
4. Representations and Warranties
4.1 The views expressed on the Platform by a Fellow or author reflect only the opinion of this Fellow or author, and FOR does not make any representation or warranty as to what is expressed by Fellows on the Platform. Additionally, the views posted and the Submissions of the Fellows cannot replace a medical advice, and shall under no circumstances be construed or used as or in lieu of an appropriate medical assessment.
4.2 FOR does not make any representation or warranty with regards to hyperlinks to third-party websites, which are totally beyond the control of FOR.
4.3 You represent and warrant that no materials of any kind submitted through your account will (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material.
4.5 FOR does not warrant or endorse the accuracy or reliability of any Content, advice, opinion, statement, or other information displayed, uploaded, or distributed through the Platform or the FOR Application by any User, information provider or any other person or entity. You acknowledge that any reliance upon any such Content, opinion, advice, statement, memorandum, or information shall be at your sole risk. The services and all exportable or downloadable items are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of fitness for a particular purpose. You hereby acknowledge that use of the Platform, FOR Application and any Content herein displayed, is at your sole risk.
5. Registration, Termination and Exclusion from the Platform
5.2 You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password which are used to access the Platform. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You will immediately notify FOR of any unauthorized use of your Account.
5.3 A Fellow may terminate her or his access to the Platform and to her or his Account at any time, with or without cause. Upon termination, the Fellow’s right to access the dedicated sections of the Platform will immediately cease. Upon termination, the Fellow will have no further access to any information, files or materials related to her or his Account. FOR shall have no liability whatsoever to any Fellow or any third party as a result of a termination of the Fellow’s rights of access to her or his Account.
6. Communication between FOR and Users
7. Intellectual Property
7.1 All intellectual property rights in the Platform and the FOR Application are and shall remain the exclusive property of FOR or its licensors, as applicable, unless expressly indicated otherwise.
7.2 This Platform, the FOR Application and the information contained and referenced therein are copyright protected. Any copy, reproduction, republication, upload, translation, retransmission or other use is strictly prohibited. Request for permission to reproduce any information contained on this Platform and on the FOR Application should be addressed to FOR, using the email address indicated below in Clause 8.2.
8. Privacy and Security
You recognize and agree that when submitting your personally identifiable information to FOR websites, while FOR has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, FOR SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A USER, EVEN IF FOR HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH USER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
9.2 If you notice any copyright violation with respect to the Content of the Platform or of the FOR Application, or for any communication with FOR, please contact [email protected]
9.3 Foundation for Oral Rehabilitation (FOR) and the logo are registered trademarks of FOR. Other trademarks on the Platform are registered trademarks of their respective owners. iPad® is a registered trademark of Apple Inc.