Terms of use

Terms of Electronic Service Provision MEDtube Portal

General Provisions


1. The MEDtube web portal enables its Users to share knowledge, experiences and opinions concerning topics related to the exercise of medical professions. It is intended for doctors, dentists, medical analysts, medical rescue workers, nurses and students of medical faculties, and it is free for such groups.

2. The site has an educational, opinion forming and social networking profile. The materials it includes may not constitute the bases for any actions infringing the Polish legal and ethical standards, and in particular copyrights, the provisions of the act on personal data protection, on the professions of nurse and midwife, and on National Medical Rescue Service, of the Pharmaceutical Law and of the Code of Medical Ethics. The portal is intended for the broadly understood group of people holding the suitable authorisations to exercise medical professions or majoring in the related fields.

3. These Rules lay down the principles of using accounts for individual users (hereinafter referred to as the “Users”) on the MEDtube web Portal and constitute terms of electronic service provision as defined by the law governing the electronic provision of services.

4. The operator of the MEDtube portal is MEDtube spółka z ograniczoną odpowiedzialnością, a limited liability company with its registered office in Warsaw, address: ul. Złota 59, 00-120 Warszawa, registered at the District Court for the city of Warsaw with the company registration number KRS 0000336603, hereinafter referred to as the “Administrator” or “Service Provider”.

5. The MEDtube web Portal enables Users to share videos, photographs, documents and medical Files to other people. By means of the Portal, the Service Provider renders a service consisting in the provision of telecommunications & IT infrastructure in order to enable Users to share multimedia Files with medical content.

6. The MEDtube portal also contains elements of a social networking site, i.e. Blogs, Tribune, discussion Forums and a system of Comments as well as other tools intended for the sharing of information, opinions and observations related to the Users’ interests and content available on the Internet, in particular content made available by Users via MEDtube.

8. The terms used in these Rules have the following meaning:

a) Comment (also referred to as “Post”): basic form of expression for Users on the Portal as part of the latter’s system including discussion forums, Users’ blogs kept as part of User Accounts and comments on Files. Comments allow Users to share their thoughts, views and opinion, by expressing them as text and/or using multimedia, with other Users, as well as to publish Materials (including links to Files).

b) Private Comment (also referred to as a Private Post): a Comment available only for Registered Users; Private Comments are also considered to be private messages sent between Registered Users (“Messages”).

c) User Account: websites allocated to a User registered in the Portal where information concerning that User is stored and displayed. A User Account may contain Materials shared by the User, including in particular the Hosted Files the User added.

d) Materials: all texts, information, articles, studies, comments, images, graphics, multimedia materials (including Files) and software as well as other content placed in the electronic format by a Registered User on the Administrator’s server for publication (within the scope permitted under the law and the Rules) on the Portal – including both in the form of a Link and of a File (including, in particular, in the form of an Embedded Object or a Hosted File).

e) Advertising Materials: Materials containing advertising/marketing content supplied by Marketing Partners.

f) Abuse: all actions performed by the User that are contrary to the law, to these Rules or to accepted principles of morality.

g) Unauthorised Access: when a User uses an Account s/he does not own, i.e. uses another person’s access credentials or any of the Portal’s resources without being authorised to do so.

h) Embedded Object: Material in the form of an object embedded in the code of the Portal’s sites by the User (in a Comment/Post). These objects include in particular images, graphics, video, Flash, Java objects etc.

i) Marketing Partner: an entity collaborating with the Administrator, whose advertising/marketing materials may be published in the Portal or included in messages sent to Users.

j) Hosted File: Material in the form of a File uploaded to the Administrator’s server by the User and hosted (kept) on the Administrator’s server.

k) Portal: a group of websites located in a specific domain belonging to the Service Provider, constituting the Administrator’s property, allowing for instance the placement of Materials and Posts (discussion forum system) on the said Portal in order to publish them on the Internet and make them available to other Users.

l) Privacy Policy: a separate document governing in detail the issues related to personal data processing and to the protection of privacy used with regard to the Portal Users, to be found at http://medtube.net/privacy

m) User Profile (Profile): all information concerning the User, including data concerning the Account, which the Administrator stores and permanently registers in its IT system.

n) Rules: this document in the currently applicable version, to be found at http://medtube.net/terms, constituting terms of electronic service provision as defined by the law governing the electronic provision of services.

o) Work: a work as defined by the copyright law, made available to Users by Partners via the Publisher Platform under the principles laid down in these Rules.

p) Tribune: a blog containing medical articles and news from the world of medicine.

q) User: any natural person with a degree in medicine or in nursing or currently studying for such a degree, or an organisation using the Portal to place and share Files, to publish Comments/Posts (with or without Materials), and also only browsing (displaying) the Portal content, regardless of whether such action is performed using a password or without the need to enter the password.

r) Registered User: a User that has registered by entering suitable data required in the registration form using the electronic means available in the Portal, with a unique password protected username. Only such Registered Users may place Materials in the Portal, including Hosted Files and Comments.

s) Logged in User: a Registered User that has logged into the Portal using the credentials enabling access to the Account, in particular the username and the password.


Principles of Using MEDtube


1. The Rules define the general terms of using the MEDtube Portal, making it possible to place Files on the Portal in order to publish them on the Internet. They contain in particular the rights and obligations of the Users and the technical principles of use and operation of the MEDtube Portal.

2. The MEDtube Portal may be used provided that the User consents to the provisions of the Rules. Use of the MedTube Portal means that the User confirms to be familiar with the Rules, to accept them and to consent to the provisions contained therein. Use of the MEDtube Portal consisting in the placement of specific Files or other content (e.g. comments) in the Portal means that the User declares to be authorised to place such Files or other content on the MEDtube Portal and that s/he is authorised to grant the licences, approvals and authorisation defined in the Rules. Consequences of such actions, and in particular the absence of suitable rights or authorisations, shall be borne exclusively by the User acting contrary to the law.

3. By proceeding to use the site, the User declares to have a medical or nursing degree or to be a student of medicine.

4. While using the MEDtube Portal, under the principles laid down in the Rules and under generally applicable provisions of the law, the User may in particular:

a) browse through the site, including the Files placed in the Portal by the User or by other Users,

b) place Files in the Portal,

c) describe the Files s/he placed in the Portal,

d) comment on and evaluate Files placed in the portal by other Users,

e) place, on other sites, on discussion forums or on any other webpages, and distribute via Internet in any other way (e.g. via e-mail or communicators) links to individual webpages operating as part of the site, including links to individual Files, provided that this does not infringe the relevant rules applicable in those places or accepted principles followed by the relevant network community.

5. By registering and activating the Account, the User consent to the processing of the e-mail address stated during registration for marketing and information purposes, and in particular consents to the obtaining of messages or information from the Administrator or other entities (with the Administrator’s knowledge and express consent) and information concerning the Administrator’s and other entities’ products or services (with the Administrator’s knowledge and express consent). This consent is the condition for setting up and activating the account and relates to the obtaining of the information or messages indicated above via e-mail to the e-mail address stated during registration (or changed by the User at a later date to a different one, by editing the data in the User’s profile), including in the form of an e-mail attachment. Withdrawal of such consent shall be equivalent to a request to remove the User Account together with all its contents. Consent is withdrawn by submitting an instruction to remove the Account, in accordance with the principles described in the Rules.

6. The Portal, despite all efforts to maintain a high level in terms of content, shall not be responsible for the following:

a) users’ statements published on the site and the content of the Files uploaded. The User who is the author of the relevant statement or File shall be exclusively responsible for it;

b) damage caused by Users as a result of inappropriate use of the Portal;

c) medical decisions made on the basis of materials on the site. Only the person making the decision shall be responsible in that respect, since the User must not use the materials published on the site as a basis for medical treatment. Only duly authorised physicians may decide about treatment, after performing a personal and individual examination.

7. The User of the respective Account shall be responsible for all actions related to the use of the password to that account. The User shall be obliged to keep the password necessary to log into the Account strictly confidential. It is strictly prohibited to make available the password to the Account to anyone. The Administrator suggests that Users choose the password in such a way as to make it impossible for third parties or for computer software to guess it. The Administrator suggests that the Users change their password from time to time (e.g. every month).

8. It is prohibited to make available the data required to use the Portal with the username and password to other persons.

9. The Portal shall not be responsible for problems with site functioning arising as a result of unforeseeable events or ones that the User could not prevent, in particular:

a) for consequences of third parties obtaining the User’s password;

b) for interruptions in service provision resulting from technical causes (breakdowns, maintenance, equipment replacement, etc.)

c) for loss of data caused by equipment or system breakdown or by other circumstances independent of the Portal.

10. The MEDtube Portal is financed using the Portal Administrator’s own funds and funds obtained from Marketing Partners. The Portal Administrator shall keep full autonomy, in particular with regard to the approval of materials for publication, their description, etc. The Marketing Partners shall have no impact on the Administrator with regard to the running of the MEDtube Portal or to the Materials placed in it.

11. The resources provided by the Marketing Partners make it possible to offer free of charge access to physicians and to maintain a high level of the Portal in terms of content and technology.

12. The Administrator does not charge fees from the User for using the MEDtube Portal. The User shall not be entitled to any remuneration for using the MEDtube Portal, including for the licences, approvals and authorisations granted in accordance with the Rules. Even though the Administrator’s goal is to enable the MEDtube Portal Users to use the portal free of charge, the Administrator reserves the right to introduce fees in the future for using the MedTube Portal in relation to some services of the MEDtube Portal selected by the Administrator; the Users shall be informed about the introduction of such fees duly in advance.

13. The provisions of the generally applicable law shall apply in matters not governed by the Portal Rules. Each User shall be obliged to use the Portal in accordance with these Rules and with the principles of netiquette.

14. The technical principles and the functionality of the site are described on the Portal pages.

15. The Rules shall enter into force on 13 June 2011. All changes to the Rules shall become effective as of the date of their publication on the Portal site at http://medtube.net/terms. If the User maintains the Account in the Portal, it means that s/he has accepted the changes to the Rules.


Registration


1. In order to register, the User should fill in the registration form, stating his or her e-mail address, username (the name under which the Registered User will be visible in the Portal), accept these Rules and the Privacy Policy, set the password and then activate the Account using the link sent by the Administrator to the e-mail address stated by the User.

2. The Registered User obtains access to the full Portal functionality by entering the username and password (thus becoming a Logged in User).

3. An Account and a User Profile are created as a result of registration for a Registered User. Registered Users may complete information in the Account by stating their data, with the possibility of changing or removing such data at any time. The extent to which such data may be made available to other Users is defined in the Privacy Policy.

4. The Account can be removed by sending a blank e-mail to remove@medtube.net.

5. A User has access to the information published in the Account by a Registered User.

6. By completing the registration process which ends in the setting up of an Account, the User declares:

a) to be familiar with and to accept without exceptions the contents of the Rules;

b) to be familiar with and to accept without exceptions the contents of the Privacy Policy;

c) to consent to the Administrator communicating the Account to the public, as well as to the placement of data (including the image) communicated to the public as part of the Account on the Portal pages, and to accept the fact that access to personal data, to the User’s image in photographs and videos as well as to other information disclosed within the Account may be provided to an unlimited group of Users, with the exception of the following data:

i. e-mail address,
ii. password for the Account,
iii. activation codes or other kind of confidential access credentials.

d) to consent to the Administrator processing now and in the future all personal data provided during registration, so that the Administrator can perform the services available as part of the Portal;

e) to consent to the Administrator handing over the data provided during registration to third parties in order to obtain system messages, information concerning new materials placed on MedTube, notification of new functionalities and sales & marketing information, as well as information concerning products and services. The Administrator shall ensure that in this case such entities shall process the data in accordance with the applicable law, including in particular that they shall give Users the possibility to inspect, correct and remove their data.

7. Personal data are provided on a voluntary basis; they are, however, necessary to ensure full access to the services offered as part of the Portal.


Using MEDtube


1. The User may not use the Account for commercial activities or in order to support such activities in any manner without the Administrator’s written consent. Commercial activities are also understood as the placement of advertising by the Users in any Materials functioning as part of the MedTube Portal, as well as other forms of drawing financial benefits from the fact of owning an Account.

2. By means of the Portal, the Administrator renders a service consisting in the provision of a telecommunications & IT infrastructure in order to enable Users to upload Materials. In particular, the Portal is intended, among other things, to enable Users to upload materials to their Account, and subsequently to use the materials in various geographic locations, via the Internet, including sharing the Files with other Users.

3. By uploading a File to the MEDtube Portal, the User shall be fully responsible to the extent provided for by the law and by these Rules for the potential infringement of copyright and of other rights related to making available and distributing the respective Material.

4. The User may withdraw from using the Account at any time. The User may withdraw from using the Site at any time, in particular if the User does not accept further amendments to these rules, by clicking on the suitable link in the Account settings or by sending a request for data removal from its Account to the Administrator’s e-mail address.


Rules for Sharing Comments and Content


1. A Registered User placing a Comment or any Materials on the MEDtube Portal declares that they are free from legal defects and third party claims and that s/he has full rights to the content placed, including copyright with the right to publish and distribute the Materials online, via the Internet, and with the right to use a third party’s image, and that such rights are not limited in any manner for any third party.

2. The materials introduced and published should not make it possible to identify the patient; if such identification is possible, however, it is necessary to obtain the patient’s consent. Users introducing such materials declare they have consent to do so.

3. Registered Users shall bear full and unlimited responsibility for all Comments/Posts and Materials, as well as Hosted Files, they placed on the MEDtube Portal.

4. Users using the MEDtube Portal by placing specific Files, comments or other content on the portal, declare that they have all the relevant rights, in particular copyrights, and that their action does not infringe the rights of third parties, in particular copyrights and intellectual property rights, that the law authorises them to perform such actions, that they are authorised to grant the licences, approvals and authorisations defined in the Rules, and that the exercise of such rights in accordance with their scope will not infringe the rights of third parties.

5. Only the User placing Files, comments or other content on the MEDtube Portal shall be responsible for the consequences of such actions, as well as for the consequences of granting, in accordance with the Rules, licences, approvals and authorisations by the User, including rights granted by the User within the scope of the rights referred to above. If any entity raises any claims against the Administrator in relation to the placement, by a User, of specific Files, comments or other content on the MEDtube Portal, or in relation to the granting, in accordance with the Rules, of licences, approvals and authorisations by the User, including in relation to the Administrator exercising the rights granted by the User within the limits of the said rights, the User shall be obliged to satisfy justified claims of the Administrator or of the said entity in an unconditional and irrevocable manner and on first demand of the Administrator or of the relevant entity. If the Administrator has already satisfied such claims, the User shall be obliged to pay all the costs incurred in relation to that by the Administrator, including costs of legal assistance. The User’s obligations specified under this paragraph relate to the situation in which the third party claims under this paragraph are a direct consequence of the User’s action or negligence in relation to the placement of specific content on the site.

6. A User placing Files in the MEDtube Portal, also despite the subsequent removal of the Account or of the Files, modification or any change to the Files, or placing comments, also despite the subsequent removal of the Account or of the comments, modification or change to the comments or any other content (the Files, comments and other content are referred to jointly in this point as the “works”), constituting works as defined by the Act on Copyright and Related Rights of 4 February 1994 (uniform text: Journal of Laws Dz.U. of 2000, No. 80, item 904, as amended) grants the Administrator a licence that is unlimited as to territory, non exclusive, free of charge and transferrable (with the right to sub-licence) in all fields of use provided for by the Act referred to above, and in particular grants the following rights to works:

a) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to distribute in any form, including by lending, lease and rental (totally or in part), introduce into trading in any form and manner (totally or in part), including as part of IT systems, via the Internet and in any other manner, and enter into computer memory (totally or in part); the provisions of this subparagraph also concern modified works, including works modified in terms of the computer format in which the work is recorded (the Administrator being authorised to perform modifications);

b) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to public performance, screening, reproduction, transmission, broadcast or rebroadcast using any medium (including in particular vision and/or sound) and right to other communication to the public; the provisions of this subparagraph also relate to modified works, including works modified in terms of the digital format in which they are recorded (the Administrator being authorised to perform modifications);

c) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to publish the works on this website and on any other website, or in any other means of publication (including television or press) in any form (including the digital and magnetic storage format) on any media (including optical, magneto-optical and magnetic data carriers); the provisions of this subparagraph also concern modified works, including works modified in terms of the digital recording format (the Administrator being authorised to perform modifications);

d) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to modify the works, including in terms of the digital format the work is recorded in; the Administrator shall be authorised to perform modifications at its own discretion, if the entity authorised to perform the modification deems the modification justified by technical or functional aspects of the website or any other medium at issue;

e) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to develop the works, which includes combining the works or parts of the works with other works and dividing the works at the discretion of the entity authorised to perform modifications;

f) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to permanently or temporarily reproduce and record works and their modified versions (in their entirety or in any part) using any means or technologies, including in particular printing, reprography, optical, magnetic, magneto-optical, digital recording and any existing and potentially created in the future means of technologies, and in any form, in particular on all kinds and formats of CD-ROM, DVD, optical, magneto-optical and magnetic discs, compact discs and any existing and potentially created in the future information carriers;

g) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to translate, develop and make changes, including changes to the layout (totally or in part);

h) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to grant sub-licence within the scope of authorisations granted to the Administrator in the Rules (within the scope of the licences granted).

7. The Licences described in the Rules shall be acquired by the Administrator once the works are placed on the MEDtube Portal. The licences are unlimited as to time, meaning that they do not expire despite removal of the User’s account for any reason by anyone (including the Administrator and the User) or despite the removal for any reason by anyone (including the Administrator and the User) of Files, comments or other content constituting works as defined by the Act on Copyright and Related Rights of 4 February 1994 (uniform text: Journal of Laws Dz.U. of 2000 No. 80, item 904, as amended).

8. A User using the site, placing Files, comments and other content, allows the Administrator to exercise (in a manner unlimited as to time, unconditional, free of charge, unlimited as to territory and in the fields of use provided for by the Rules for the licence granted) derivative copyrights to adaptations of the Files, comments or other content constituting works as defined by the Act on Copyright and Related Rights of 4 February 1994 (uniform text: Journal of Laws Dz.U. of 2000 No. 80, item 904, as amended). The provisions of the previous sentence concern both existing derivative works and those that may be created in the future. Provisions concerning the authorisation to exercise derivative copyrights mean that the Administrator shall in particular be authorised to use and dispose of such derivative works in a manner determined at its own discretion, in the fields of use provided for by the Rules for the licence granted. The Administrator shall also be authorised to grant a right to the exercise of derivative copyrights by other entities.

9. The authorisation to exercise derivative copyrights determined in the Rules is unlimited in time, meaning that it does not expire despite removal of the User’s account for any reason by anyone (including the Administrator and the User) or despite the removal for any reason by anyone (including the Administrator and the User) of Files, comments or other content constituting works as defined by the Act on Copyright and Related Rights of 4 February 1994 (uniform text: Journal of Laws Dz.U. of 2000 No. 80, item 904, as amended).

10. The User undertakes not to exercise personal copyrights in relation to the Files, comments and other content constituting works as defined by the Act on Copyright and Related Rights of 4 February 1994 (uniform text: Journal of Laws Dz.U. of 2000 No. 80, item 904, as amended), undertaking in particular not to request the Administrator to mark the works or copies thereof with the surname, pseudonym or any other marking pointing to the User, and the Administrator ensures at this point that the Files of a User with an active account uploaded to the MEDtube Portal will have a source of origin (they will be marked as originating from a specific User, by indicating the user name s/he uses on the site).


User’s Obligations


The User undertakes to use the Portal according to its intended use, to the provisions of the law in force in Poland, to social standards and accepted morals, to the provisions of these Rules and to the rules of netiquette, and in particular:

a) to give names to the Files uploaded and place descriptions that conform to the actual content of the Files;

b) to use the Portal in a manner not infringing other Users’ rights;

c) to check on a current basis any potential modifications to these rules available at http://medtube.net/terms and to be familiar with them;

d) not to place Files on the Account which are used as elements of websites or executable applications.


Orders and Prohibitions


Users are prohibited:

a) to download, broadcast or rebroadcast using any medium (including in particular vision and/or sound) or to make publicly available in any other manner the Materials placed on the MEDtube Portal without the written consent given by the Administrator, constituting the licence (sub-licence) to use the Materials placed on the MEDtube Portal;

b) to distribute using the Account any Files or other content with regard to which the User does not hold copyright or other rights to publication or distribution via the Internet;

c) to place materials (pages, graphics, text, audio and video recordings, etc.) whose content is contrary to the law, in particular content that is pornographic and content of pornographic nature with the participation of children and animals or with the use of violence, materials propagating music or software piracy, spreading hacking techniques and viruses as well as publication of any other materials similar in terms of content and operation;

d) to place content inciting ethnic, racial, religious hatred or hatred on any other grounds as well as content propagating Fascism, Nazism and other criminal ideologies;

e) to spread, using the MEDtube Portal, content in gross breach of generally accepted moral and social standards as well as grossly graphic content;

f) to set up Accounts and place Files with names that infringe the provisions of the law, referring to words generally considered offensive or contrary to accepted morals; this prohibition shall also relate to descriptions of Accounts and Files;

g) to make it difficult for other Users to use the Portal, including by interfering with the individual elements of the Portal in a manner to which such elements are not adapted;

h) to undertake actions aimed at decoding the access passwords of other Users, including undertaking attempts to guess the passwords;

i) to transfer against payment as well as to make available in any other form against payment the entire account or part of it;

j) to place, in the Posts or in any other items available on MEDtube, any private “rules”, “disclaimers”, information on the exclusion of liability of the User or of other Users in any form and with any content;

k) to place Files or content containing any personal data of other people;

m) to contact other Users of the MEDtube Portal for purposes unrelated to the sharing of experiences and medical knowledge without the Administrator’s written consent.


Civil Liability


1. The User shall bear full responsibility related to the respect of copyrights and other rights related to the storage, distribution and other forms of using the respective File.

2. The User undertakes, once third parties raise claims against the Administrator in relation to the infringement of any of their rights by Materials placed by the User in any of the forms available on the Portal, to join the case in the Administrator’s place or join the case as an outside intervener and assume the entire costs of potential court proceedings, the costs of legal representation and damages awarded or determined by voluntary settlement.

3. If an infringement of or an attempt to infringe these Rules is discovered, the Administrator shall be authorised, to the extent permitted under the law, to charge a contractual penalty in the amount of up to ten times the value of the benefits obtained as a result of that action, and if the value of such benefits is difficult to determine, up to one hundred times the minimum wage determined by the Minister of Labour and Social Policy.

4. Infringements of the provisions of these rules may, at the Administrator’s discretion, lead to a warning, to a block of access to the Account, to the removal of individual Files, to the restriction of the possibilities to use specific services or functionalities of the Portal or to the removal of the Account together with all the Files stored in it. If the User undertook actions not prohibited by these rules but considered as undesirable in the Service Provider’s reasonable opinion, the Service Provider may inform the User about this by e-mail, requesting that the User abandon such actions. Failure to comply immediately with the request on the part of the User constitutes an infringement of these rules. In exceptional circumstances, the Service Provider reserves the right to block public access to the Account, to some of the Files or block access to the Account entirely.

5. Infringement of these Rules shall also be considered to include encouraging, facilitating or propagating methods of violating and bypassing its provisions as well as the conscious drawing of benefits from such actions.


Penal Liability


1. A User misappropriating the authorship or misleading others as to the authorship of an entire work or artistic performance or a part of it shall be liable, in accordance with the provisions of the penal code, to a fine, to a penalty of restriction of freedom or deprivation of freedom of up to 3 years – Article 115(1) of the Act on Copyright and Related Rights of 4 February 1994.

2. A User distributing, without stating the surname or pseudonym of the author, somebody else’s work in the original version or as a derivative work, an artistic performance, or publicly distorts such a work, shall be liable, in accordance with the provisions of the penal code, to a penalty of restriction of freedom or deprivation of freedom of up to 3 years – Article 115(2) of the Act on Copyright and Related Rights of 4 February 1994.

3. A User distributing, without authorisation or contrary to the provisions of the authorisation, somebody else’s work in the original version or as a derivative work, an artistic performance, a phonogram, videogram or broadcast, shall be liable, in accordance with the provisions of the penal code, to a penalty of restriction of freedom or deprivation of freedom of up to 2 years – Article 116(1) of the Act on Copyright and Related Rights of 4 February 1994.

4. A User who will make it impossible or difficult to exercise the right to control use of the work, or refuses to provide the information laid down in Article 47 of the Act, shall be liable, in accordance with the provisions of the penal code, to a fine, to a penalty of restriction of freedom or deprivation of freedom of up to one year – Article 119 of the Act on Copyright and Related Rights of 4 February 1994.


Exclusion of Liability and Limitations


1. To the extent permitted under the law, the Administrator’s liability shall be excluded for the following:

a) all damage arising due to the manner in which Users use the Portal, insofar as such actions on the part of the Users do not constitute normal use of the Portal according to its intended use;

b) any damage to the User resulting from the fact that the Files were made available in an inappropriate manner or if this led to the impossibility of making that User’s Files available;

c) consequences of the fact that third parties obtained the User’s access password, if this happened due to the User’s fault (e.g. if the customer disclosed the password to a third party);

d) disclosure of the password and data to persons authorised under the relevant provisions of the law;

e) information downloaded by the User from the Internet and for the consequences of the User using them;

f) damage arising as a result of force majeure;

g) all actions undertaken with regard to the User in relation to the infringement, on part of the User, of the provisions of the law or of these rules, and in particular for the blocking of public access to the Account, total blocking of the Account, removal of individual Files, restriction of the possibility of using specific services or functionalities of the Portal or removal of the Account together with all the Files stored in it.

h) potential damage related to the contents of the Comments and Materials;

i) the User’s actions consisting in the collection of personal data in a manner contrary to the law and their subsequent processing, in particular for making them available to unauthorised parties in a manner contrary to the provisions governing the principles of personal data protection and processing.

2. To the extent permitted by the law, the Administrator reserves the right to:

a) turn off the Portal from time to time without prior notice;

b) remove immediately one or more Files made available by the User, including the entire Account, without prior notice, if an infringement of the provisions of these Rules if discovered;

c) remove, in exceptional situations, some or all Files from MEDtube;

d) restrict access to selected Materials for a specific User Group;

e) stop entirely to provide services free of charge, after giving prior notice about this to the User on the Portal pages;

f) remove Comments of Materials after finding that they may infringe the interest protected by law of third parties or that they infringe good practices;

g) transfer its rights and obligations related to the electronic provisions of services via the MEDtube Portal to another competent entity.


Amendments to the Rules


1. All provisions of the Rules may be at any time amended by the Administrator for important reasons.

2. All amendments to the Rules shall be published as a uniform text in the MEDtube Portal, at http://medtube.net/terms.

3. In the case of non-acceptance of the Rules, the User shall be obliged to terminate the agreement with the Administrator by removing the Account immediately. Non-removal of the account shall be considered as acceptance of the rules currently in force.


Final Provisions


1. Please send all information concerning infringements of these Rules by the Users to info@medtube.net. Infringements can also be reported using the suitable contact form available at http://medtube.net/contact

2. Complaints related to services provided as part of the Portal may be sent using the suitable Portal contact form or in writing, to the address stated in point 1 of these rules; they shall be examined within 30 days of registration in the system or receipt of the relevant letter.

3. None of the provisions of these Rules may be interpreted in a manner limiting the rights the consumers have in conformity with the applicable provisions of the law.

4. Should any disputes arise in relation to the functioning of the MEDtube Portal, in particular in relation to the infringement of the provisions of these rules or of applicable legal regulations, when one of the parties is the Administrator, the provisions of the Polish law and European Union regulations shall apply, and the court of competent jurisdiction shall be the court having jurisdiction over the Administrator’s registered office.

5. These Rules shall enter into force as of 13 June 2011.