Terms & Use
Effective Date: 19 Jan 2013
Thank you for visiting eRADSOL (Site), a collaborative radiology resource, and/or downloading our app, which incorporates Site content (App).
Content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals. It should not be used for selfdiagnosisor selftreatment.
It is not intended as, nor should it be, a substitute for independent professional medical care. We recommend that youconsult your own physician regarding any diagnosis, imaging interpretation or course of treatment.
As content is submitted by individual users, ERADSOL and its associates (including licensors) (Associates) cannot guarantee its accuracy andassume no legal liability or responsibility for the accuracy, currency or completeness of the information.
Medical practitioners must make their own independent assessment before suggesting a diagnosis or recommending or instituting a course oftreatment. The Platforms should not in any way be seen as a replacement for consultation with colleagues or other sources, or as a substitute forconventional training and study.
If you are not medically qualified and are registering as a lay person, you further acknowledge that the content on the Platforms is provided foreducational purposes only, and is provided for use by medical professionals. You agree to use the information solely for your own private educationalpurposes and further agree not to rely on the information in any way.
Ownership and Licences
User contributed image content
All rights in any image content which you contribute to any Platform (i.e. radiology cases, including but not limited to X-rays,CT, MRI, ultrasound,angiography, images, diagrams and photos, but specifically excluding all text content) (Image Content), are unless otherwise agreed by ERADSOLin writing at the time you contribute same, licensed by you to ERADSOL under the Creative Commons AttributionNon-commercialShare.
Use (Image Content Licence).
Other than in respect of Image Content contributed by you, ERADSOL grants to you a sublicenceof the Image Content Licence to the extentnecessary, and only to such an extent, for you to access and use the Platforms. Image Content (other than Image Content contributed by you) may notbe modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by anymeans, in whole or in part, outside the bounds of the CC licence, without prior written permission from the contributing user, or if the contributinguser has delegated such rights to ERADSOL on their Account Settings Page then from ERADSOL.
So that text content you contribute to ERADSOL can be readily edited by other ERADSOL users and it is necessary that all rights in any textcontent which you contribute to any Platform (including but not limited to articles, case descriptions, blog posts, tutorials, image descriptions and allcommunications you transmit to anyone through any Platform) (Text Content) be the property of ERADSOL, and immediately vest in ERADSOL, upon creation. Unless otherwise agreed by ERADSOL in writing, all such content is licensed to you under the Creative Commons attributionNon-commercialShare.
You may modify Text Content in good faith and in the legitimate use of a Platform, but Text Content may not otherwise be modified, copied,distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or inpart, outside the scope of this licence, without prior written permission from ERADSOL.
Where you contribute any Text Content to any Platform, you assign to ERADSOL, free of charge and effective on making such contribution, allright, title and interest in such content (including any copyright, but excluding any nonassignablepersonal rights).
Despite any provision to the contrary at law or under the CC Licence, you consent to ERADSOL making, and allowing third parties to make, any useof Your Content which would otherwise infringe any nonassignablepersonal rights which may subsist in Your Content.
Modifications to CC Licence
You acknowledge that each Platform is a “Collection” as defined in the CC Licence. You further acknowledge that the CC Licence is amended asfollows, in respect of Your Content (irrespective of when you posted Your Content). Despite any contrary provision in the CC Licence:
ERADSOL will endeavour to ensure appropriate attribution is made or is not made (as the case may be), but will not be liable in any way forfailing to make appropriate attribution or failing to comply with any request to remove any attribution;
ERADSOL may:accept commercial sponsorship;Charge Users for registering for, accessing or using any Platform (other than the Web Platform, which will always be freely accessible)and/or for access to certain modules of Image Content and Text Content on any Platform (other than the Web Platform);
Platform Intellectual Property Rights
All rights in all software, designs, arrangements, and graphics pertaining to the Platforms belong to ERADSOL.
All trademarks, product names, and company names and/or logos displayed on the Platforms are either trademarks or registered trademarks ofERADSOL or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of ERADSOL.
All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of ERADSOL or its Associates and maynot be reproduced, imitated, or used, in whole or in part, without the prior written permission of ERADSOL.
In using any Platform, you agree:
To comply with all policies of ERADSOL or its Associates contained in, or referred to on, the Platform or as otherwise communicated to youby or on behalf of ERADSOL from time to time;
Not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, software, accounts, servers ornetworks connected to or accessible through the Platform or affiliated or linked Web sites;not to disrupt or interfere with any other user’s enjoyment of the Platforms or affiliated or linked Web sites;not to upload, post, or otherwise transmit through or on the Platform any viruses or other harmful, disruptive or destructive files;not to use or attempt to use another’s account, service or system without authorization from ERADSOL, or create or use a false identity on thePlatform;not to transmit through or on the Platform spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities whohave not agreed to be part of such mailings;Not to divulge your username and password to others either on or off the Platform;Not to attempt to obtain unauthorized access to any aspect of the Platform which is restricted from general access; Andnot use the Platform to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to any person’sparticular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you willcomply with all applicable local, state, national and international laws and regulations when using any Platform.
Online Communities and Other Interactive Areas
The Platforms contain areas where you may post and share comments with other persons on a variety of subjects. You agree that you will not post orotherwise disseminate on or through any Platform unlawful, defamatory, harassing, libellous, tortious, abusive, offensive, threatening, or obscenecommunications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or otherproprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulationor, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegalactivities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. ERADSOL reserves the right but notthe obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless.
ERADSOL and its Associates from all claims from third parties based upon communications made or materials posted by you or upon your abuse ofany Platform.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition or any other informationwhich could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medicalproducts, including any uses which have not been approved by the Indian Therapeutic Goods Administration, the U.S. Food and DrugAdministration or another applicable regulatory agency.
Notice of Inappropriate Use
Our commitment to privacy
The information we collect about you
User Information is information that is provided by you to us when you register online for any Platform, including your:
Username and password
Position title (professional)
Additional information including, but not limited to, your city, institution and qualifications may be collected by us if you elect to enter thatinformation during the registration process or subsequently by editing your Account Settings Page. Information regarding how you interact with thePlatforms may also be collected by us and linked to your account, including, but not limited to, the number of cases uploaded, edited or otherwisecontributed by you.
Usage Data includes general information about how you interact with the web pages and web sites on the Platforms. This is collected using cookies(or similar technologies) placed by us and others (see ‘Who the information is shared with’ below). Cookies are small pieces of data sent from awebsite and stored in a web browser, and which may assign an anonymous identifier to the user.
Usage Data includes:
- Pages you visited on our web sites.
- How you came to the website (e.g. via our newsletter)
- Which particular buttons or links on the site you clicked
- Whether you have been to the site before
- The way we use information
- User Information
If you are a registered user, we also publish your User Information, excluding your email address, on your profile contained within the Platforms.
We may also use your User Information in the ways described below.
We use Usage Data to understand the online behaviour of our users. In particular, using web analytics services on the Platforms enables us tomeasure, collect, analyse and report on Usage Data for the purposes of understanding and optimising users’ experiences on the Platforms. It alsoenables us to focus our marketing activities, which, in turn, help us to develop the Platforms.
Geographical location information contained in the Usage Data enables us to tailor your experience on the Platforms by displaying different contentbased on your location, such as local advertising offers, and content in your local language.
Who we share the information withUsage Data is also either collected directly by, or disclosed to, certain other providers during the course of a session using any Platform for use bythose other providers for a range of purposes, including to:distribute direct marketing materials from ERADSOL (such as via Mail, sms and other media)connect to social networks (such as via links to Twitter, Facebook, Google+ and other platforms within the Platforms)pay commission to our affiliatestarget advertising.
We share User Information when you have opted in to receive direct marketing material (e.g. via Customer email) and, if you are a registered user, toother users of the Platforms via your user profile.
Information Transferred or Stored Overseas
Many of those other providers are located overseas and Usage Data disclosed to them may be stored on servers located overseas. Similarly, while weoperate out of Australia and may store Usage Information and Usage Data on servers located there, some may be stored on servers located overseasand/or managed by third parties. While we endeavour to ensure that those other providers, and any third party server provider used by us, manage anypersonal information contained in the Usage Data, and any User Information, in substantially the same way as required by the Indian Privacy
Principles, we will not be responsible if they fail to do so, nor will we be obliged to take steps to ensure that those other providers comply with the Indian Privacy Principles. By continuing to use the Platforms, you consent to your information being provided to, and used by, other providers(including any third party server provider) located overseas.
For further information about how each of the other providers referred to above handles personal information (which may include your Usage Dataand User Information), we recommend that you visit their respective websites and read their respective privacy policies.
A Note on Affiliate Links
Our Platforms contain various affiliate marketing links, which mean that we may be paid commission on sales of the products and services that arelisted on those Platforms. These links do not influence the editorial content posted on the Platforms in any way.
When you click on an affiliate link, a cookie is placed to help optimise the affiliate program. Some Usage Data is sent to our affiliate partners.
Anonymity of cases / images
Information which should NOT appear on any patient cases uploaded to any Platform (based on HIPAA guidelines) includes, but is not limited to:
date of birth
address, including full or partial postal code
telephone or fax numbers or contact information
unique identifying numbers (e.g. UR, MRN, HID etc..)
medical device identifiers (e.g serial numbers)
web or internet protocol addresses containing any link to the patient
facial photograph or comparable image
names of relatives
date of study
Additionally, if a case is, for one reason or another, unique in such a way that could lead to the identification of an individual from the images alone,then it should not be uploaded. This means that a case which has, for example, been featured in the media or shows particularly rare symptoms isusually inappropriate for upload. Similarly, the textual information accompanying the text should also be devoid of identifying information, anddevoid of other unnecessary information which could aid in the identification of a patient.
Our commitment to data security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical,electronic, and managerial procedures to safeguard and secure the information we collect online.
How you can access or correct your information or opt outOnline tracking by Us and Third PartiesPlease note that we do not respect the Do Not Track setting available in your web browser and that setting will not prevent us from collecting UsageData or authorising other providers to do so.
Links and Third Party Content
Links to Other Web Sites
The Platforms may (from time to time) contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship (except in the case of “the sponsor” clearly identified) or recommendation by ERADSOL of or affiliation or association of ERADSOL with or responsibility of ERADSOL for the linked Web sites or any content, Platforms or products available on or through such sites.
If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Links do not imply that ERADSOL is, or its Associates are, legally authorized to use any trademark, trade name, product name, company name or logo displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, product name, company name or logo of ours or of any Provider.
Users must not post links to other Web sites, except when in the form of a link to a reference textbook or journal in the reference field of articles.
ERADSOL reserves the right to remove, in its absolute discretion, any and all links from any part of any Platform.
Links from Other Web Sites
ERADSOL must approve all links to the Site in writing, except that ERADSOL consents to links in which: the link, when activated by a user, displays the Site full screen and not within a “frame” on the linked Web site, and the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by ERADSOL or its Associates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of ERADSOL or its Associates.
In any event, you agree that ERADSOL reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which ERADSOL’s consent has been withdrawn.
Third Party Content
The Platforms may (from time to time) contain material, data or information provided, posted or offered by third parties, including advertisements or postings in online community discussions. You agree, to the maximum extent permitted by law that neither ERADSOL nor its Associates shall have
any liability whatsoever to you for any such third party material, data or information.
Disclaimers and Limitations of Liability
THE PLATFORMS, INCLUDING THE IMAGE AND TEXT CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ANY OTHER CONDITIONS BROUGHT TO YOUR ATTENTION IN THE COURSE OF YOUR ACCESS TO, OR USE OF, ANY PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT:
- YOUR USE OF ANY PLATFORM IS AT YOUR SOLE RISK;
- EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING, ERADSOL AND ITS ASSOCIATES EXPRESSLY DISCLAIM
ANY IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE USE OF THE
- WITHOUT LIMITING THE FOREGOING, ERADSOL AND ITS ASSOCIATES ASSUME NO RESPONSIBILITY FOR, AND MAKE
NO WARRANTY OR REPRESENTATION:
- as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of any Platform (including
- any advice, opinion, statement or other content or any products or services distributed or made available by third parties through any Platform);
- that confidentiality of information transmitted through any Platform will be maintained;
- that any Platform will be of merchantable quality, fit for a particular purpose or meet your requirements;
- that any access to, or use of, any Platform will:
- not infringe any rights (including intellectual property rights) of any third party; or
- be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system;
- be uninterrupted or error free or;
- YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE FROM ANY
PLATFORM IS FREE OF DEFECTS, VIRUSES OR ANYTHING ELSE (SUCH AS WORMS OR TROJAN HORSES) THAT MAY INTERFERE WITH OR DAMAGE THE OPERATIONS OF A COMPUTER SYSTEM; and
- ERADSOL AND ITS ASSOCIATES ARE NOT LIABLE TO YOU OR ANYONE ELSE IF INTERFERENCE WITH OR DAMAGE TO YOUR COMPUTER SYSTEM OCCURS IN CONNECTION WITH YOUR USE OF ANY PLATFORM
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH YOUR USE OF ANY PLATFORM, OR OTHERWISE FROM ERADSOL OR ITS ASSOCIATES, CREATES ANY WARRANTY NOT EXPRESSLY MADE IN
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING SENTENCE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF
LEGISLATION IMPLIES IN THE AGREEMENT ANY TERM, CONDITION OR WARRANTY, AND ALSO RENDERS VOID ANY
PROVISION IN A CONTRACT WHICH PURPORTS TO EXCLUDE OR MODIFY THE APPLICATION OR EXERCISE OF, OR LIABILITY
UNDER, SUCH TERM, CONDITION OR WARRANTY, SUCH TERM, CONDITION OR WARRANTY WILL BE DEEMED TO BE INCLUDED
OF SUCH TERM, CONDITION OR WARRANTY WILL BE LIMITED, AT ERADSOL’S OPTION, TO ANY ONE OR MORE OF THE
- if the breach relates to goods
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
TO THE MAXIMUM EXTENT PERMITTED BY LAW ERADSOL AND ITS ASSOCIATES EXCLUDE ALL LIABILITY TO ANY
PERSON FOR LOSS OR DAMAGE OF ANY KIND (HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE) ARISING FROM OR
RELATING IN ANY WAY TO ANY ACCESS TO OR USE OF ANY PLATFORM (INCLUDING LIABILITY FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR COSTS OF REPLACEMENT GOODS, OR OTHERWISE, EVEN IF SAME
HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES).
YOU MUST INDEMNIFY AND KEEP INDEMNIFIED ERADSOL AND ITS ASSOCIATES AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, COSTS, EXPENSES (INCLUDING
INVESTIGATIVE COSTS, COURT COSTS, LEGAL FEES, PENALTIES, FINES AND INTEREST) AND DAMAGES OF ANY KIND
(INCLUDING THOSE WHICH ARE PROSPECTIVE OR CONTINGENT) WHATSOEVER AND HOWSOEVER, DIRECTLY OR INDIRECTLY
ARISING IN CONNECTION WITH YOUR BREACH OF THESE TERMS.
You may terminate your account for any reason at any time by sending an email clearly requesting that your account be terminated to info@eRADSOL.com and we will implement your request promptly.
Governing Law; Venue and Jurisdiction
Effective Date, Amendment and Severability
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