- 2. Modification of Terms
- 4. Disclaimers
- 5. Registration
- 6. Contributor
- 7. Limitation of Liability
- 8. Third Party Content/Software
- 9. Copyright and Trademarks
- 10. Proprietary Rights in Web Site
- 11. U.S. Copyright Infringement Claims
- 12. Indemnification and Release
- 13. Shut-Down of Site
- 14. Commercial Products
- 15. Governing Law and Venue
- 16. Severability
- 17. No Waiver
- 18. How Personal Information is Used
- 19. Disclosure of Personal Information to Third Parties
- 20. Retention of Personal Information
- 21. Our Commitment to Data Security
- 22. Headings
This web site (“Site”) is owned and operated by Excerpta Medica B.V. Radarweg 29, 1043 NX Amsterdam, The Netherlands, Reg. No. 50825461, BTW No. NL822945526B01 (”Excerpta Medica,” “we,” “us” or “our”).
2. Modification of Terms
Excerpta Medica reserves the right to change, modify, add, or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.
Excerpta Medica reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. Excerpta Medica reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
Neither Excerpta Medica, its affiliates, nor any third-party content providers or licensors make any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product, or service provided on or accessible from the Site.
THIS SITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH EXCERPTA MEDICA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
To the extent permissible under applicable laws, no responsibility is assumed for any medical or health sciences information contained on this Site, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader’s judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.
NEITHER EXCERPTA MEDICA NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL EXCERPTA MEDICA, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. EXCERPTA MEDICA AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. Do not submit confidential information here.
Excerpta Medica and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Excerpta Medica are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a contributor. This registration is free of charge.
When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail: firstname.lastname@example.org. We may, at our own discretion, bar registration from any specific e-mail service or ISP.
By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.
You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.
You hereby grant to Excerpta Medica, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Web Site or any other Excerpta Medica web site or in other Excerpta Medica marketing or public relations materials in any and all media.
You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Excerpta Medica may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Excerpta Medica, its subsidiaries, affiliates, partners, licensors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site.
Excerpta Medica does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Excerpta Medica expressly disclaims any and all liability in connection with User Content.
7. Limitation of Liability
IN NO EVENT SHALL EXCERPTA MEDICA OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF EXCERPTA MEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF EXCERPTA MEDICA.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
8. Third Party Content/Software
Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. EXCERPTA MEDICA HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
9. Copyright and Trademarks
Copyright and trademarks appearing on this Site are the property of their respective owners.
10. Proprietary Rights in the Web Site
This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.
You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Excerpta Medica, its subsidiaries, affiliates, partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
11. U.S. Copyright Infringement Claims
If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to Excerpta Medica. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims may be sent to:
Excerpta Medica B.V.,
Excerpta Medica B.V.,
+ 31 20 7971499
The preceding information is provided exclusively for notifying Excerpta Medica that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.
12. Indemnification and Release
If you have a dispute with one or more users, you release Excerpta Medica, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Shut-Down of Site
We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.
14. Commercial Products
The Web Site may contain references to specific commercially-available products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact the manufacturers of such products for further information.
15. Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the Netherlands.
17. No Waiver
18. How Personal Information is Used
We use the personal information that you provide for such purposes as:
- Completion and support of the activity for which the information was provided, such as allowing access to or delivery of our products or services, processing or fulfilling an order, or responding to your requests or inquiries;
- Web site and system administration, such as for the technical support of the Site and its computer system, including processing computer account information, information used in the course of securing and maintaining the Site, and verification of Site activity by the Site or its agents;
- Research and development to enhance, evaluate and improve the Site and our services;
- Pseudonymous analysis to create a profile used to determine the habits, interests, or other characteristics of users for purposes of research, analysis, and anonymous reporting; and
- Communicating with you about changes or updates to the Site and our services and, with your consent, special offers, promotions or market research surveys.
19. Disclosure of Personal Information to Third Parties
Access to your personal information is restricted to our employees, our affiliated group companies, and the partners working to provide the GIH service to you (for technical maintenance of the platform, and to dispatch batched e-mail newsletters to the members that have opted-in explicitly, as well as occasional questionnaires and polls on behalf of GetInsideHealth). GetInsideHealth will only share your personal information with the associated sponsor(s), when you explicitly state that you approve of this in our registration form or on the profile page.
Your personal information may be used by all of our trading names and transferred to countries outside of the European Economic Area (“EEA”), including to the United States, for processing. These countries may not have similar data protection laws to the EEA. If we transfer your information outside of the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. In addition, if you access the Site while you are outside of the EEA, your information may be transferred outside of the EEA in order to provide you with such access.
We will not otherwise disclose any personal information without your consent except under the following circumstances:
20. Retention of Personal Information
- in response to subpoenas, court orders, or legal process, or to establish or exercise our rights to defend against legal claims;
- if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, or as otherwise required by law; and
- if Excerpta Medica, this Site, or a related asset or line of business is acquired by, transferred to, or merged with another company.
We retain the personal information we collect from you for as long as the information is relevant to our business purposes or until you request that we remove the data by contacting us at
email@example.com. Our Commitment to Data Security
We recognize that your privacy is important to you, and, therefore, we endeavor to keep your personal information confidential. The personal and demographic information about each user is stored on servers that are behind a firewall and physically housed within a secured data center. Furthermore, our internal practices help protect your privacy by limiting employee access to and use of personal information. However, we do not represent, warrant, or guarantee that your personal information will be protected against unauthorized access, loss, misuse, or alterations, and do not accept any liability for the security of the personal information submitted to us nor for your or third parties’ use or misuse of personal information.
Thank you for joining our Web Site.
Last Update: February 3, 2012.