1 Your use of Medihoo.
1.1 Your use of Medihoo's products, software, services, media outlets on other web sites and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Medihoo under a separate written agreement) is subject to the terms of a legal agreement between you and Medihoo. "Medihoo" means VDV CONCEPT S.à R.L., registered with the Luxembourg Trade and Companies Register under number B 180.132, whose principal place of business is at L-6550 Berdorf, 57, rue Grundhof, Luxembourg. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.3 Your agreement with Medihoo will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms form a legally binding agreement between you and Medihoo in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2 Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Medihoo in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Medihoo will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Medihoo, or (b) you are a person barred from receiving the Services under the laws of the Grand-Duchy of Luxembourg or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3 Language of the Terms
3.1 Where Medihoo has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Medihoo.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4 Provision of the Services by Medihoo
4.1 Medihoo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Medihoo provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that Medihoo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Medihoo's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Medihoo when you stop using the Services.
4.3 You acknowledge and agree that if Medihoo disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.4 You acknowledge and agree that while Medihoo may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Medihoo at any time, at Medihoo's discretion.
5 Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Medihoo will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Grand-Duchy of Luxembourg or other relevant countries).
5.3 through the interface that is provided by Medihoo, unless you have been specifically allowed to do so in a separate agreement with Medihoo. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You acknowledge that it is forbidden to post, upload, transmit, distribute, store, create or otherwise publish content or links to content that in particular:
- is unlawful in terms of applicable national and international laws or constitutes a criminal act
- immoral, defamatory, pornographic, obscene, harassing, threathening, indecent, abusive or otherwise offensive or objectionable
- violates the rights of third parties in particular content that may infringe patent, trademark, trade secrets, copyrights or intellectual property rights of any third party
- impersonates (or misinterprets your afiliation with) any person or entity
- private information of a third party including but not limited to name (family and first name), phone numbers, addresses, email addresses, social security number, credit number
- represents an advertisement, unsolicited promotion or political campaign
- contains viruses, corrupted data or other harmful disruptive or destructive files or computer programs that affect the use of a computer in an unwanted way
- is unrelated to the topic of the respective interactive area where it is posted or published or is not related to the reviewed object
- that contains irrelevant or intentionally incorrect information
- contains chain letters or questionnaires
- has a commercial purpose in particular aims at collecting personal data of other users for such purpose.
5.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.6 Unless you have been specifically permitted to do so in a separate agreement with Medihoo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.7 You agree that you are solely responsible for (and that Medihoo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Medihoo may suffer) of any such breach.
6 Privacy and your personal information/data.
7 Content in the Services.
7.1 You understand that all information (such as data files, written text, computer software, audio files, photographs, videos, or images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Medihoo (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Medihoo or by the owners of that Content, in a separate agreement.
7.3 Medihoo reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. The Services include content intended for educational and medical purposes, including anatomical data of reproductive anatomy that may or may not be suited for all audiences. By using the Services, you agree to assume full risk and responsibility for your exposure to any or all Content to which you may gain access.
7.4 You can inform Medihoo in case of infringement of copyrights by sending an email to email@example.com with the following informations:
- Clear indication of the material you claimed infringed copyright allowing Medihoo to find its location on Medihoo;
- Your contact details;
- Legal statement to support your claim.
Please note that you will be held liable for any false claims of copyright infringement
8 Proprietary rights.
8.1 You acknowledge and agree that Medihoo (or Medihoo's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Unless you have agreed otherwise in writing with Medihoo, nothing in the Terms gives you a right to use any of Medihoo's trade names, trademarks, service marks, logos, domain names, substantial parts of Medihoo’s database, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Medihoo, then you agree that your use of such features shall be in compliance with that agreement. Requests to use parts of Medihoo’s content can be directed at firstname.lastname@example.org.
8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.5 Unless you have been expressly authorized to do so in writing by Medihoo, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8.6 By submitting content to Medihoo you warrant Medihoo non-exclusive, royalty-free, irrevocable, transferable, perpetual right to use, adapt, translate, commercialise, publish, distribute or otherwise use and perform submission throughout the world in media at Medihoo's sole discretion without any limitation in terms of time, space and content and without any claim for reimbursement by you or a third party. You acknowledge and agree that all the information and content you submit to Medihoo is non-confidential and non-proprietary.
8.7 You release Medihoo from any responsibility of dealing with any claims from third parties that arise from any content placed on Medihoo by you. You agree to defend and indemnify Medihoo from and against any claim, demands, recoveries, causes of action, losses, damages, penalties, fines or any other costs or expenses of any nature. You are responsible for reimbursement of damages that Medihoo incurs through successful claims from third parties including but not limited to legal charges. Medihoo reserves the right of legal defence against such claims. You will support Medihoo in particular by providing all information necessary for the defence
9 Ending your relationship with Medihoo.
9.1 The Terms will continue to apply until terminated by Medihoo as set out below.
9.2 Medihoo may at any time, terminate its agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Medihoo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Medihoo offered the Services to you has terminated its relationship with Medihoo or ceased to offer the Services to you; or
(D) Medihoo is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Medihoo is, in Medihoo's opinion, no longer commercially viable.
9.3 Nothing in this Section shall affect Medihoo's rights regarding provision of Services under Section 4 of the Terms.
9.4 You can terminate your relationship with Medihoo by sending an email to email@example.com.
9.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Medihoo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
10 EXCLUSION OF WARRANTIES.
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT MEDIHOO'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10.3 IN PARTICULAR, MEDIHOO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIHOO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.6 MEDIHOO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11 LIMITATION OF LIABILITY.
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIHOO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH MEDIHOO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE MEDIHOO WITH ACCURATE ACCOUNT INFORMATION;
11.2 THE LIMITATIONS ON MEDIHOO'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT MEDIHOO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
12.2 The manner, mode and extent of advertising by Medihoo on the Services are subject to change without specific notice to you.
12.3 In consideration for Medihoo granting you access to and use of the Services, you agree that Medihoo may place such advertising on the Services.
13 Other content.
13.1 The Services may include hyperlinks to other web sites or content or resources. Medihoo may have no control over any web sites or resources which are provided by companies or persons other than Medihoo.
13.2 You acknowledge and agree that Medihoo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that Medihoo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14 Changes to the Terms.
14.1 Medihoo may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Medihoo will make a new copy of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
14.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Medihoo will treat your use as acceptance of the updated Universal Terms or Additional Terms.
15 General legal terms.
15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole agreement between you and Medihoo and govern your use of the Services (but excluding any services which Medihoo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Medihoo in relation to the Services.
15.3 You agree that Medihoo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
15.4 You agree that if Medihoo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Medihoo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Medihoo's rights and that those rights or remedies will still be available to Medihoo.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.6 You acknowledge and agree that each member of the group of companies of which Medihoo is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
15.7 The Terms, and your relationship with Medihoo under the Terms, shall be governed by the laws of the Grand-Duchy of Luxembourg without regard to its conflict of laws provisions. You and Medihoo agree to submit to the exclusive jurisdiction of the courts located in Luxembourg, Grand-Duchy of Luxembourg, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Medihoo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.hr />
Jan 1, 2014