Use of the Services
The Services are intended for doctors and other medical professionals only. By using the Services, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. The information and tools that we provide through the Services are provided for educational and informational purposes only. They are in no way intended to serve as a diagnostic service or platform to provide certainty regarding a diagnosis, to recommend a particular product or therapy, or otherwise to replace the clinical judgment of a qualified medical and healthcare professional.
You agree that you will not use the Services for the purpose of establishing a physician-patient relationship, such as diagnosing or treating users. You are solely responsible for evaluating the information obtained through the Services and for your use or misuse of that information in connection with your treatment decisions or other decisions. You agree that you are solely responsible for compliance with all applicable laws and standards of professional conduct, medical practice and other relevant health care professions. As a healthcare stakeholder who happens to be a consumer, you must not rely on this information as professional medical advice or use the Services as a substitute for a relationship with your physician or other qualified medical professional. Consumers must always consult their physician or, in serious cases, immediately ask emergency medical personnel for help with medical matters, including decisions about medication and other treatments.
The OncoViews.com platform may contain links to third-party websites or resources that are not part of the PEAK Medicals GmbH network. You agree that we are not responsible or liable for these sites and resources, including but not limited to their availability or the content and information they provide. The inclusion of third-party resources, including links to third-party websites, does not imply that we endorse those resources.
You agree that you will not engage in any of the following activities in connection with your use of the Services: Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; Use, display, mirror or frame a site, or any component thereof, or trademark, logo or other proprietary information, without the written consent of PEAK Medicals GmbH; Remove any copyright, trademark or other proprietary rights and notices related to PEAK Medicals GmbH and OncoViews; Violate, infringe or use our brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by PEAK Medicals GmbH as applicable; Attempt to circumvent any protective technological measure or other safeguards associated with the Services; Fail to respect or violate another user’s privacy. This includes disclosing or otherwise revealing another user’s identity, address or any other personally identifiable information.
You are required to register for some initiatives associated with OncoViews to access our Services. Registration requires that you provide us with your full name, e-mail address, occupation, and other information specified in the registration form („Registration Information“). You agree that your Registration Information is true, accurate, current and complete, and you will promptly update your registration information to keep it true, accurate, current and complete by sending a notice to email@example.com. We allow 48 hours for changes to be made that concern the Access Passes. We may attempt to verify and, if necessary, update the accuracy of the Registration Information you provide.
You acknowledge and agree that any software used in connection with OncoViews („Software“) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or approved by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, publicly perform, create derivative works, or use for any commercial or other purpose, in whole or in part, any derivative works of PEAK Medicals GmbH, its content or software. Any use of the Services provided that is not expressly permitted by these Terms constitutes a violation of these Terms and may infringe the intellectual property rights of us and others.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not copy, detail or disseminate our material nor remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
Dealing with Third Parties
Your correspondence, business relationship with or participation in promotions by advertisers or other third parties found through the Services, including requests for any goods or services and any other terms, conditions, warranties or representations associated with such transactions, is solely between you and such third party. You agree that we are not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as a result of the introduction of third parties through the Services.
Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice as a physician or other profession. We make no representations about the legal compliance of the Services or the content we provide. You are solely responsible for compliance with the laws of your jurisdiction regarding your use and misuse of the Services and the content we provide.
THE SERVICES AND CONTENT OF ONCOVIEWS AND THE PEAK MEDICALS GMBH NETWORK ARE PROVIDED ”AS-IS“ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. WITHOUT LIMITATION OF THE EXISTING, WE DISCLAIM ALL WARRANTIES EXPRESSLY IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, SILENT ENJOYMENT OR NON-INFRINGEMENT OF RIGHTS AND ALL GUARANTEES ARISING FROM TRADING OR THE USE OF TRADING. WE DO NOT WARRANT THAT THE SERVICES, SITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN. YOUR RELIABILITY TO THE CONTENT YOU RECEIVED OR USE THROUGH THE SERVICES IS RISKED ON YOUR OWN RISK ONLY. YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR NETWORK. YOU UNDERSTAND THAT WE ARE NOT RESPONSIBLE FOR SCREENING OR VERIFYING OR RESPONSIBLE FOR ANY USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONALS OR OPINIONS.
In no event shall PEAK Medicals GmbH or any other person or entity involved in creating, developing or delivering any website, content or service directly or indirectly related to OncoViews be liable for any damages (including, but not limited to, incidental or consequential damages, personal injuries, death, business interruption, loss of profits or business interruption), arising out of or in connection with these Terms or the use or inability to access the Services or the content, or communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort or otherwise, and whether or not we, our licensors, our suppliers or third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers or third parties who are involved in the Services take no responsibility for, and will not be liable for, the availability of OncoViews or any other of their websites and shall not be liable for any personal injury, including death, caused by your use or misuse of the Services or the information provided through the Services. The remedies under these Terms are exclusive and limited to those expressly provided in these Terms. The limitations of damages set forth above are fundamental to the basis of the agreement between us and you.
You agree to indemnify and hold each of us and our respective officers, directors, employees, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including but not limited to reasonable legal and accounting fees, arising out of or alleged to arise out of your access to or use of the Services and content or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials within the PEAK Medicals GmbH network and OncoViews infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Your name, address, telephone number and e-mail address.
- A statement that the information that you have supplied is accurate, and indicating that „under penalty of perjury,“ you are the copyright owner or are authorized to act on the copyright owner’s behalf.
We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services or these Terms, at any time and without prior notice. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Services.
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your registration information). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
All provisions of these Terms shall survive termination of your registration except for your license to access and use the Services and the Content.
If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at firstname.lastname@example.org. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.
Last updated: 24th of May, 2020.