1. General
1.1 Welcome to the Web platform of the The Titanium Circle. If you choose to use www.for.org (the “Platform”), or The Titanium Circle’s mobile sites and applications, (collectively, the “The Titanium Circle Application”), you accept to abide by all the terms and conditions of these terms of use (“Terms of Use”) and any other terms which are incorporated herein by reference, including, but not limited to, the Privacy Policy; if you do not agree, please do not use this Platform or the The Titanium Circle Application.
1.2 Please review the Terms of Use carefully. The Titanium Circle may update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Platform and is also available through the The Titanium Circle Application. It is your responsibility to review these Terms of Use prior to each use of the Platform and the The Titanium Circle Application and by continuing to use this Platform or the The Titanium Circle Application, you agree to any changes.
1.3 The Titanium Circle may change, suspend or discontinue any aspect of the Platform or the The Titanium Circle Application at any time, including the availability of any feature, database, or content. The Titanium Circle may also impose limits on certain features and services or restrict your access to parts or all of the Platform and the The Titanium Circle Application without notice or liability.
1.4 This Platform and the The Titanium Circle Application are accessible to every user (“Visitor(s)”), however, the access to certain features and certain content of the Platform is restricted to the member of The Titanium Circle. Unless speci cally indicated otherwise, these Terms of Use shall apply to all Users.
2. The Titanium Circle Content
2.1 All materials published on the Platform or on theThe Titanium Circle 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 The Titanium Circle 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 The Titanium Circle Application.
2.2 You may not modify, publish, transmit, participate in the transfer or sale of, use, reproduce (except as provided in Clause
2.3 of these Terms of Use), create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part.
2.3 You may access certain downloadable items that are displayed on the Platform and on the The Titanium Circle 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 The Titanium Circle 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 veri cation.
2.5 Courses or other products purchased from The Titanium Circle are to the maximum extent permitted by applicable law excluded from any return or exchange.
Neither The Titanium Circle 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 tness 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 The Titanium Circle 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 The Titanium Circle Application and these checklists or other treatment guidelines and documents through your tablet, computer or Account.
3. User Generated Content
3.1 Member 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 Author’s responsibility to comply with all applicable privacy regulations and applicable laws. It is the Author’s sole responsibility to act in full accordance with all laws, in particular laws relating to patient data protection.
Members may have the option to post comments. Please note however that the Platform administrators will be able to know which Member has posted a speci c 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 The Titanium Circle 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 The Titanium Circle and suspension of access to the sections of the Platform dedicated to Members. Exclusions rules are set out below in Clause 5.
3.3 The Platform and the The Titanium Circle Application shall be used in accordance with the scienti c and educational purposes of The Titanium Circle, e.g. for the exchange of scholarly works and for the exchange of peer advice of speci c cases, and under no circumstances in a commercial manner. You shall not, without the express approval of The Titanium Circle, 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 speci c 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, modi ed, published, transmitted, and displayed by The Titanium Circle 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 The Titanium Circle Application.
3.5 Unless otherwise expressly agreed in writing by The Titanium Circle, you grant The Titanium Circle a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for The Titanium Circle 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 The Titanium Circle or the persons it designates, to the exception of comments which can also be reviewed and accepted or rejected by the Member who uploaded the Submission receiving the comment. Under no circumstances shall The Titanium Circle 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 The Titanium Circle reserves the right to not display, or to delete, move, or edit Submissions that The Titanium Circle, 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 theThe Titanium Circle Application and for related online and o ine promotional uses.
4. Representations and Warranties
4.1 The views expressed on the Platform by a Member or author re ect only the opinion of this Member or author, and The Titanium Circle does not make any representation or warranty as to what is expressed by Members on the Platform. Additionally, the views posted and the Submissions of the Members 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 The Titanium Circle does not make any representation or warranty with regards to hyperlinks to third-party websites, which are totally beyond the control of The Titanium Circle.
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.
4.4 You hereby undertake to indemnify, defend and hold harmless The Titanium Circle and any person related to The Titanium Circle, including, but not limited to, the persons acting as Trustees, from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by The Titanium Circle or the related persons in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations and warranties.
4.5 The Titanium Circle 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 The Titanium Circle 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 tness for a particular purpose. You hereby acknowledge that use of the Platform, The Titanium Circle Application and any Content herein displayed, is at your sole risk.
5. Registration, Termination and Exclusion from the Platform
5.1 As part of the registration as a Member to this Platform, you will set up an account (the “Account”) by creating login credentials, selecting a password and providing an e-mail address. You also have to give us certain registration information, such as your rst and last name, all of which must be accurate and updated. Your Personal Data will be processed in accordance with the Privacy Policy of The Titanium Circle.
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 con dentiality 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 limitation, reasonable attorneys’ fees, incurred by The Titanium Circle or the related persons in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations and warranties.responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You will immediately notify The Titanium Circle of any unauthorized use of your Account.
5.3 A Member 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 Member’s right to access the dedicated sections of the Platform will immediately cease. Upon termination, the Member will have no further access to any information, les or materials related to her or his Account. The Titanium Circle shall have no liability whatsoever to any Member or any third party as a result of a termination of the Member’s rights of access to her or his Account.
5.4 The Titanium Circle reserves the right to exclude immediately and permanently any Member from the dedicated sections of the Platform without notice in case of breach of these Terms of Use, the Privacy Policy or any other terms which are incorporated herein by reference. Further information about the conditions to become a Member and the terms applying to the Member status is available in the Terms of Participation.
6. Communication between The Titanium Circle and Users
The Titanium Circle may send emails to you for the purpose of informing you of changes or additions to the Platform or the The Titanium Circle Application, as well as of informing you about The Titanium Circle-related events and news. If you do not wish to receive such communication, please click on “unsubscribe” at the bottom of the email communication. For more information about the use and treatment of your data, including, but not limited to, your email address, please consult the Privacy Policy.
7. Intellectual Property
7.1 All intellectual property rights in the Platform and the The Titanium Circle Application are and shall remain the exclusive property of The Titanium Circle or its licensors, as applicable, unless expressly indicated otherwise.
7.2 This Platform, the The Titanium Circle 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 The Titanium Circle Application should be addressed to The Titanium Circle, using the email address indicated below in Clause 8.2.
8. Privacy and Security
The Titanium Circle, along with its related companies and subsidiaries respect your privacy, value our relationship, and are committed to safeguarding your privacy. We understand the importance of privacy to our users and visitors to the The Titanium Circle websites. Our use of Personal Data is governed by our Privacy Policy and by accessing and using the The Titanium Circle websites, you agree to be bound by that Privacy Policy. You recognize and agree that when submitting your personally identi able information to The Titanium Circle websites, while The Titanium Circle 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. Miscellaneous
9.1 The place of jurisdiction for all disputes arising out of your use of the Platform or the The Titanium Circle Application shall be the place of establishment of The Titanium Circle.
9.2 If you notice any copyright violation with respect to the Content of the Platform or of the The Titanium Circle Application, or for any communication with The Titanium Circle, please contact The Titanium Circle.
9.3 The Titanium Circle and the logo are registered trademarks of The Titanium Circle. Other trademarks on the Platform are registered trademarks of their respective owners. iPad® is a registered trademark of Apple Inc.