By accessing the Site or any App (collectively any " platform"), or by submitting the registration information on any platform (at which point we ask you to agree to these terms of use) you create an agreement with us. under this agreement, you agree to be bound by these terms of use as amended from time to time (terms of use). in return, we agree to allow you to access and use the platforms until such access is terminated in accordance with these terms of use
Please take the time to read these Terms of Use carefully as they contain important information regarding your legal rights remedies and obligations. These include various limitations and exclusions and an important Medical Disclaimer (below). If you do not agree with these Terms of Use, please do not register for, access, or use any Platform.
If you accept these Terms of Use (including the Medical Disclaimer below), you may browse content on any Platform, and may continue to do so for so long as you accept these Terms of Use. Your continued browsing will be deemed to be continued acceptance of these Terms of Use.
If you wish to add, curate, or edit content on a Platform, be able to contact other users, subscribe to services, have a profile page or be entitled to notification of material changes to these Terms of Use (collectively referred to as "Registration Features"), you must register on the site and create an account. Any such account may be terminated in accordance with these Terms of Use.
The following are terms of a legal agreement between you (User) and Wiydx.com (Wiydx.com). By accessing, browsing, or using any Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations.
Wiydx.com may, without notice to you, at any time revise these Terms of Use by updating this posting. It is your responsibility to regularly check the Platforms to determine if there have been changes to these Terms of Use and to review such changes. However, where required by law, and provided you have registered with the site and therefore have an account settings page available at
http://Wiydx.com.org/users/YOUR_USERNAME/edit (Account Settings Page), we will send you an e-mail notifying you of any material changes to these Terms of Use to the email address recorded on your Account Settings Page, and if you subscribe for email updates (at the end of this document) we will endeavour to notify you (to the email address you subscribe) of all changes. Wiydx.com may also make improvements or changes in the products, services, or programs described on any Platform at any time without notice.
These Terms of Use apply exclusively to your access to and use of the Platforms and do not alter the terms or conditions of any other agreement you may have with Wiydx.com.
Content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals. It should not be used for self-diagnosis or self-treatment. It is not intended as, nor should it be, a substitute for independent professional medical care. We recommend that you consult your own physician regarding any diagnosis, imaging interpretation or course of treatment.
As content is submitted by individual users, Wiydx.com and its associates (including licensors) (Associates) cannot guarantee its accuracy and assume 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 of treatment. The Platforms should not in any way be seen as a replacement for consultation with colleagues or other sources, or as a substitute for conventional 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 for educational purposes only, and is provided for use by medical professionals. You agree to use the information solely for your own private educational purposes and further agree not to rely on the information in any way.
All rights in any image content which you contribute to any Platform (i.e.medical cases, including but not limited to digital slides, clinical images, confocal images, dermoscopic images, X-rays, CT, MRI, ultrasound, angiography, images, diagrams and photos, but specifically excluding all text content) (Image Content), are unless otherwise agreed by Wiydx.com in writing at the time you contribute same, licensed by you to Wiydx.com under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence (http://creativecommons.org/licenses/by-nc-sa/3.0/) (CC Licence), as such licence is modified in accordance with these Terms of Use (Image Content Licence).
Other than in respect of Image Content contributed by you, Wiydx.com grants to you a sub-licence of the Image Content Licence to the extent necessary, and only to such an extent, for you to access and use the Platforms. Image Content (other than Image Content contributed by you) may not 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 in part, outside the bounds of the CC licence, without prior written permission from the contributing user, or if the contributing user has delegated such rights to Wiydx.com on their Account Settings Page then from Wiydx.com.
So that text content you contribute to Wiydx.com can be readily edited by other Wiydx.com users and it is necessary that all rights in any text content which you contribute to any Platform (including but not limited to articles, case descriptions, blog posts, tutorials, image descriptions and all communications you transmit to anyone through any Platform) (Text Content) be the property of Wiydx.com, and immediately vest in Wiydx.com upon creation. Unless otherwise agreed by Wiydx.com in writing, all such content is licensed to you under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence.
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 in part, outside the scope of this licence, without prior written permission from Wiydx.com.
Where you contribute any Text Content to any Platform, you assign to Wiydx.com, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights).
In respect of all content (including Image Content and Text Content) which you contribute to any Platform (Your Content), you warrant that you have the right to contribute such content to the Platforms and to allow such content to be used in accordance with these Terms of Use, and you further warrant that such content:
Despite any provision to the contrary at law or under the CC Licence, you consent to Wiydx.com making, and allowing third parties to make, any use of Your Content which would otherwise infringe any non-assignable personal rights which may subsist in Your Content.
You acknowledge that each Platform is a "Collection" as defined in the CC Licence. You further acknowledge that the CC Licence is amended as follows, in respect of Your Content (irrespective of when you posted Your Content). Despite any contrary provision in the CC Licence:
All rights in all software, designs, arrangements, graphics pertaining to the Platforms belong to Wiydx.com.
All trademarks, product names, and company names and/or logos displayed on the Platforms are either trademarks or registered trademarks of Wiydx.com or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Wiydx.com. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of Wiydx.com or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Wiydx.com.
In using any Platform, you agree:
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations when using any Platform.
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 or otherwise disseminate on or through any Platform unlawful, defamatory, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. Wiydx.com reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Wiydx.com and its Associates from all claims from third parties based upon communications made or materials posted by you or upon your abuse of any Platform.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to "off label” uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or another applicable regulatory agency.
If you believe that Your Content has been improperly used on any Platform, or that any other person has engaged in any conduct contrary to these Terms of Use, please Contact Us (http://Wiydx.com/home/contact)
Your privacy, and that of your patients is very important to Wiydx.com.org. While the purpose of the Platforms is to facilitate the sharing of information and knowledge (including radiographic images, case notes and other content relating to medical), we keep your personal information safe and secure, and only use it for the purposes described in this privacy policy. We publish this policy explaining our online information practices and the choices you can make about the way your information is collected and used so that you can make an informed decision about using and/or registering for any Platform, and learn how your use and/or registration may affect your privacy.
This privacy policy applies to information collected through the any Platform. By accessing any Platform, you acknowledge and agree to the uses of information described in this privacy policy
User Information is information that is provided by you to us when you register online for any Platform, including your:
Additional information including, but not limited to, your city, institution and qualifications may be collected by us if you elect to enter that information during the registration process or subsequently by editing your Account Settings Page. Information regarding how you interact with the Platforms may also be collected by us and linked to your account, including, but not limited to, the number of cases uploaded, edited or otherwise contributed by you.
Every computer connected to the Internet is associated with a unique numerical identifier, known as an Internet Protocol address (IP Address). When you access our services via any Platform, our servers need to know your IP Address, which is sent automatically when information is requested by you (e.g. web page showing a particular patient case contained on the Wiydx.com web site).
When logged in to any Platform, we may associate your IP Address with your login. When you are not logged in, we do log your IP Address, but do not automatically link your IP address to any other information that would enable us to identify you. However, if it becomes necessary to enforce compliance with our Terms of Use, or to protect our Platforms, other users or third parties (e.g. patients), we may attempt to use the logged IP address with other information to attempt to identify you. In addition, we use IP Addresses to determine the approximate geographic location of the device you used to access our Platforms.
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 a website and stored in a web browser, and which may assign an anonymous identifier to the user. Usage Data includes:
We use your User Information for communicating with you in relation to the Platforms, including contacting you in relation to your contributions, managing newsletter distributions, directly marketing our products to you and notifying you of administrative matters, such as changes to this privacy policy or alterations to the Terms of Use.
If you are a registered user, we also publish your User Information, excluding your email address, on your profile contained within the Platforms. Other users may contact you via a ‘contact user’ link in your profile. However, when this link is activated and a communication window opens, your email address remains hidden to the user.
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 to measure, collect, analyse and report on Usage Data for the purposes of understanding and optimising users’ experiences on the Platforms. It also enables 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 content based on your location, such as local advertising offers, and content in your local language.
We also use Usage Data for remarketing (sometimes called retargeting) to better target ads to interested users. Retargeting uses cookies to identify users who visit a website showing a particular brand of goods or services and then targets advertisements of that brand to that user on other websites.
Usage Data is also either collected directly by, or disclosed to, certain other providers during the course of a session using any Platform for use by those other providers for a range of purposes, including to:
We share User Information when you have opted in to receive direct marketing material (e.g. via Customer.io) and, if you are a registered user, to other users of the Platforms via your user profile.
Many of those other providers are located overseas and Usage Data disclosed to them may be stored on servers located overseas. Similarly, while we operate out of USA and may store Usage Information and Usage Data on servers located there, some may be stored on servers located overseas and/or managed by third parties. While we endeavour to ensure that those other providers, and any third party server provider used by us, manage any personal information contained in the Usage Data, and any User Information, in substantially the same way as required by USA 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 USA 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 Data and User Information), we recommend that you visit their respective websites and read their respective privacy policies.
Our Platforms contain various affiliate marketing links, which mean that we may be paid commission on sales of the products and services that are listed 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.
It is a requirement of the Terms of Use that all patient cases uploaded to any Platform by each user are de-identified such that the identity of each patient to whom the content included in the case relates (e.g. radiographic images and case notes) is not reasonably identifiable. If you become aware of any case from which you feel you (as a patient) or another person is reasonably identifiable, please contact us immediately at info@wiydx.com.
Information which should NOT appear on any patient cases uploaded to any Platform (based onHIPAA guidelines) includes, but is not limited to:
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 is usually inappropriate for upload. Similarly, the textual information accompanying the text should also be devoid of identifying information, and devoid of other unnecessary information which could aid in the identification of a patient.
Note: Our privacy policy does not override the individual policies of institutions, and users should ensure that they are using images within their local guidelines.
We take patient privacy very seriously, and failure to abide by these rules a breach of our privacy policy and Terms of Use. If you upload a case containing patient information, or from which a person is otherwise reasonably identifiable, your case will be deleted from the Platforms immediately upon our becoming aware of its existence and we may take such action against you as permitted under the Terms of Use.
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.
Please 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 Usage Data or authorising other providers to do so.
You can contact us to request access to the User Information, and any other personal information, that we may hold. We will respond to your request within a reasonable period and provide you with access, except in certain limited circumstances. You may request us to correct any personal information that is not accurate, up-to-date, complete, and relevant or is misleading, and we will change it where reasonable to do so.
For further information about access and correction, or if you have any complaints or concerns about how we manage your User Information or Usage Data, please contact us at the details provided below.
If you no longer wish us to use your User Information, Usage Data or IP Address Details for certain purposes, you can do any or all of the following:
If you do opt out of receiving direct marketing materials from us, we will no longer use your information for those purposes, however we may use your information for the limited purpose of contacting you directly in relation to your use of any Platform, or changes to these Terms of Use.
If you disable cookies in your web browser, delete existing cookies, or take other steps to ‘opt out’, the Platforms may not work properly and your experience with the Platforms will be less personalised and may be less enjoyable. Deleting existing cookies from your web browser may also cause it to lose recorded information for other web sites, such as previously used usernames and passwords.
Your withdrawal of consent for us to use your information for certain purposes may mean that we can no longer provide the Platforms to you.
Should you have any questions or concerns about this privacy policy, please contact us (preferably by email) at the following addresses: info@wiydx.com.
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 Wiydx.com of or affiliation or association of Wiydx.com with or responsibility of Wiydx.com for the linked Web sites or any content, Platformss 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 Wiydx.com 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. Wiydx.com reserves the right to remove, in its absolute discretion, any and all links from any part of any Platform.
Wiydx.com must approve all links to the Site in writing, except that Wiydx.com consents to links in which:
In any event, you agree that Wiydx.com 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 Wiydx.com's consent has been withdrawn.
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 Wiydx.com nor its Associates shall have any liability whatsoever to you for any such third party material, data or information.
THE PLATFORMS, INCLUDING THE IMAGE AND TEXT CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE TERMS OF USE, INCLUDING THE "MEDICAL DISCLAIMER", AND 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:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH YOUR USE OF ANY PLATFORM, OR OTHERWISE FROM WIYDX.COM OR ITS ASSOCIATES, CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. YOU ACKNOWLEDGE THAT WIYDX.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY PLATFORM.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING SENTENCE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF WIYDX.COM AND ITS ASSOCIATES TO YOU IN CONNECTION WITH THESE TERMS OF USE EXCEED US$100. WHERE ANY 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 IN THESE TERMS OF USE. HOWEVER, THE AGGREGATE LIABILITY OF WIYDX.COM AND ITS ASSOCIATES FOR ANY BREACH OF SUCH TERM, CONDITION OR WARRANTY WILL BE LIMITED, AT WIYDX.COM'S OPTION, TO ANY ONE OR MORE OF THE FOLLOWING:
TO THE MAXIMUM EXTENT PERMITTED BY LAW WIYDX.COM 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 WIYDX.COM 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 OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY PLATFORM, INCLUDING LIABILITY ARISING IN CONNECTION WITH YOUR BREACH OF THESE TERMS.
Wiydx.com may, as it sees fit, for any reason or no reason at all, without liability to you or any third party, terminate your account or your access to the Web Platform and if you fail to comply with these Terms of Use, Wiydx.com may terminate your account or your access to any App Platform. If we exercise any such termination right we will send an e-mail to the e-mail address recorded on your Account Settings Page and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).
You may terminate your account for any reason at any time by sending an email clearly requesting that your account be terminated to general@Wiydx.com.org and we will implement your request promptly.
If your account is terminated, we may, as we see fit, delete any content relating to your use of any Platform on our servers or otherwise in our possession. Immediately upon termination, either by you or us, of your account you will no longer be permitted to use any Registration Features on that Platform. You may continue to browse content on the Web Platform but your continued browsing will be deemed to be continued acceptance of these Terms of Use.
These Terms of Use shall be governed by the laws of the State of Delaware, USA
In the absence of mutual agreement, any dispute arising from the interpretation and/or performance of the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent Courts of the State of Delaware, USA.
These Terms of Use are effective as of 1ST March 2016. Wiydx.com may from time to time revise these Terms of Use (including the Privacy Policy) by updating this posting. Where required by law, and provided you have registered with the site, we will send you an e-mail notifying any material changes and if you subscribe for email updates (at the end of this document) we will endeavour to notify you of all changes. Your continued use of any Platform after any such updating means you accept such revisions and any changes to the Privacy Policy will apply both to User Information and Usage Data we already have about you at the time of the change, and any such information created or received after the change takes effect. If you do not agree to any changes, you must not continue to use any Platform.
If any provision of these Terms of Use are held unenforceable, the remaining portions shall remain in full force and effect.
These Terms of Use contain the entire understanding and agreement between you and Wiydx.com regarding the Platforms, and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter.
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