Terms of Service

 

This agreement applies as between you, the user of this website and/or the apps, and MedArkive, the owner(s) of this website and the apps (“Service”). Your agreement to comply with and be bound by these terms is deemed to occur upon your use of the Service. If you do not agree to be bound by these terms, you should stop using the Service immediately.



  1. Intellectual Property

Subject to the exceptions in clause 2 of these Terms of Service, all content included through the Service including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MedArkive, our affiliates, or our clients. By continuing to use the Service you acknowledge that such material is protected by the laws of England and Wales, international intellectual property laws and other applicable laws.

  1. Intellectual Property

Unless otherwise indicated in the Service, the Service and all content and other materials within the Service, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, content, digital downloads, data compilations, software and the selection and arrangement thereof (collectively the "Content") are our property or that of our clients, licensors or are protected by English and/or international copyright laws. You may not remove any notices or credits posted within the Service, or any additional information contained along with any such notices and credits.

We grant you a limited, non-sublicensable and non-exclusive license to access and make use of the Service and print to hard copy, where expressly permitted, portions of the Service for your informational, non-commercial and personal use only, solely in accordance with, and subject to, these Terms and any other agreement you may enter into with us or any of our clients. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms: (a) the collection, use, copying or distribution of any portion of the Service or the Content; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Service or any of the Content; (c) modifying or otherwise making any derivative uses of the Service or the Content, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Service, the Content or any information contained therein, except as expressly permitted on the Service; or (f) any use of the Service or the Content other than for their intended purposes.

Any use of the Service or of any Content not owned by you, other than as specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate this license grant and constitute a breach of this license grant. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless otherwise expressly stated, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms) is otherwise deemed to be granted to you by operation of law or otherwise, you hereby irrevocably assign to us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by us at any time without any penalty.

Without our express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Service, or any pages or content available on the Service, for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Service.

  1. Links to Other Websites

This website may contain links to other websites. Unless expressly stated, these sites are not under the control of MedArkive or that of our clients. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this website on other sites may do so only to the home page of the site www.medarkive.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of MedArkive. To find out more please contact us by email at support@medarkive.com.

  1. Advertising

Certain pages on this Service display third party advertising. MedArkive has neither control over, nor involvement in, any third party advertising or the products and/or services featured therein.

Unless it is expressly stated (for reasons including, but not limited to, sponsorship), no advertising shall be taken as an endorsement by MedArkive of the products, services or any party associated therewith featured in advertising.

Where any advertising utilises cookies or similar technological means to gather data, it shall be governed by our Privacy Policy.

  1. Privacy Policy

The use of the Service is also governed by our Privacy Policy. MedArkive’s Privacy Policy explains how we collect, use, and secure personal information. By using the Service you acknowledge, and agree to, MedArkive’s Privacy Policy.

  1. Disclaimers

MedArkive makes no warranty or representation that the Service or the Content therein will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.

The opinions expressed in Content are those of their authors and do not represent the opinions of MedArkive.

Whilst every reasonable endeavour has been made to ensure that all information provided in this Service will be accurate and up to date, MedArkive makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.

No part of this Service is intended to constitute advice and the Content of this Service should not be relied upon when making any decisions or taking any action of any kind.

MedArkive makes no representation or warranty that any part of this Service is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which medical decisions can be based.

Whilst every effort has been made to ensure that all descriptions of services available from MedArkive correspond to the actual services available, MedArkive is not responsible for any variations from these descriptions.

Whilst MedArkive uses reasonable endeavours to ensure that the Service is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. Availability of the Service and Modifications

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

MedArkive accepts no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

MedArkive reserves the right to alter, suspend or discontinue any part (or the whole of) the Service including, but not limited to, the Content and/or Service available. These Terms of Service shall continue to apply to any modified version of the Service unless it is expressly stated otherwise.

  1. Limitation of Liability

To the maximum extent permitted by law, MedArkive accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Service or any information contained therein. Users should be aware that they use the Service and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts MedArkive’s liability for death or personal injury resulting from any negligence or fraud on the part of MedArkive.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal

  1. No Waiver

In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms of Service and any prior versions thereof, the provisions of these Terms of Service shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms of Service shall confer any rights upon any third party. The agreement created by these terms is between you and MedArkive.

  1. Communications

We will communicate with you by: (1) emailing you to the email address you registered with; (2) posting communications on our website; or (3) posting messages that will be displayed when you access the Service.

All communications should be provided to us by email to support@medarkive.com. Your communication will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

MedArkive may from time to time send you information about our products and/or services. If you do not wish to receive such information, please notify us via support@medarkive.com or click on the “Unsubscribe” link in any email you receive from us.

  1. Termination

We reserve the right, without notice and in our sole discretion, to terminate your access to the Service, and to block or prevent your future access to and use of the Service.

  1. Update to Terms of Service

MedArkive reserves the right to change and modify any of the Terms of Service contained in these terms or any policy at any time and in our sole discretion. Any changes to our terms will be effective immediately upon posting in our Service. Your continued use of the Service following posting of amended terms will constitute your acceptance thereof. If you do not agree with changes or modifications to our terms or policy you should stop using the Service immediately.

  1. Law and Jurisdiction

These terms and the relationship between you and MedArkive shall be governed by and construed in accordance with the Law of England and Wales and MedArkive and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

These terms and conditions and the relationship between you and MedArkive shall be governed by and construed in accordance with the Law of England and Wales and MedArkive and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.