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Terms and Conditions MEDtube
Regulations for Providing Services by Electronic Means on the MEDtube Portal
- The MEDtube web portal allows its Users to exchange knowledge, experience and opinions on topics related to the medical profession. It is aimed at: doctors, dentists, medical analysts, paramedics, nurses and medical students, and is free for these groups.
- The portal has an educational, opinion-forming and community character. The materials contained therein may not constitute the basis for any actions that violate Polish or international legal and ethical standards, in particular the provisions of copyright law, the Law on Personal Data Protection, the Law on the Profession of Physician and Dentist, the Law on the Profession of Nurse and Midwife, the Law on National Medical Rescue Service, the Pharmaceutical Law and the Code of Medical Ethics. The portal is addressed to the broadly understood community of people who have the relevant authorizations to practice medical professions or who are in the process of training in the field.
- These Terms and Conditions set out the rules for the use of accounts for individual users (hereinafter referred to as "Users") on the MEDtube Web Portal and constitute the terms and conditions for the provision of services by electronic means within the meaning of the law governing the provision of services by electronic means.
- The Operator of the MEDtube Portal is MEDtube sp z o.o. with its registered office in Warsaw, Złota 59 Street, 00-120 Warsaw, registered in the District Court for the Capital City of Warsaw under KRS number 0000336603 hereinafter referred to as "Controller" or "Service Provider".
- The MEDtube web Portal is used for Users to share videos, photos, documents and Medical Files with others. Within the framework of the Portal, the Service Provider provides a service consisting in providing ICT infrastructure for Users to share Files containing medical-related content.
- The MEDtube portal also contains elements of a social networking site in the form of Blogs, Tribune, Discussion Forums and a system of Comments, as well as other tools intended for the exchange of information, opinions and observations concerning the interests of its Users and content available on the Internet and, in particular, content made available by Users via MEDTube.
- The exchange of publicly available information (including, but not limited to, opinions, observations and comments) between Users is carried out in particular through Posts published by Users, in which Users may also post Materials.
- Terms used in these Terms and Conditions have the following meanings:
- Comment (also referred to as "Post") - a basic form of expression by a User on the Portal as part of its system of discussion forums, Users' blogs maintained as part of Users' Accounts and comments on Files. Through Comments, Users can share their thoughts, views and opinions (express them) with other Users in a textual and/or multimedia manner, and post Materials (including links to Files).
- Private Comment (also referred to as a Private Post) - a Comment available only to Registered Users; Private Comments are also considered private messages sent between Registered Users ("Messages").
- User Account - a separate webpage for a given User registered in the Portal, where information concerning that User is collected and presented. The User Account may contain Materials made available by the User, especially Hosted Files added by the User.
- Materials - any text, information, articles, studies, comments, images, graphics, multimedia materials (including Files) and programs, and other content posted in electronic form by a Registered User on the Administrator’s servers for publication (to the extent permitted by law and the Terms and Conditions) on the Portal - including in the form of both a Link and a File (including, in particular, in the form of an Embedded Object or Hosted File).
- Advertising Materials - Materials containing advertising/marketing content provided from Marketing Partners.
- Abuse - any action of the User that is contrary to the law, these Regulations or good morals.
- Unauthorized Access - a User who uses an Account that he or she is not the owner of, i.e. uses access data not his or her own, or uses any of the Portal's resources without being authorized to do so.
- Embedded Object - Material in the form of an object embedded in the code of the Portal's pages by the User (in a Comment/Post). In particular, it is about images, graphics, objects (videos/clips) Flash, Java and others.
- Marketing Partner - Entity cooperating with the Administrator, whose advertising/marketing content may be posted on the Portal or messages sent to Users.
- Hosted File - Material in the form of a File uploaded ("uploaded") to the Administrator's server by a User and hosted (maintained) on the Administrator’s server.
- Portal - a collection of websites located in a given domain belonging to the Service Provider, owned by the Administrator, allowing, among other things, the posting of Materials and Posts (discussion forum system) in this Portal for the purpose of publishing them on the Internet and making them available to other Users.
- User’s Profile (Profile) - all information about the User, including Account data, collected by The Administrator and recorded permanently its computer system.
- Rules and Regulations - this document in its current version, located at http://medtube.pl/regulamin, constituting rules and regulations for the provision of services by electronic means within the meaning of Article 8 of the Polish Act of July 18, 2002 on the provision of services by electronic means (i.e.: Journal of Laws of 2019, item 123, 730).
- Work - a work, as defined by copyright law, made available to Users by Partners through the Publisher Platform under the terms of these Terms and Conditions.
- Service/Digital Service - a service provided by the Portal, allowing the sharing of data in digital form that has been uploaded or created by the User or other Users of this service, which specifies, in particular, the types and scope of services provided electronically, the conditions for the provision of these services, including technical requirements and prohibitions on the delivery of unlawful content, the conditions for the conclusion and termination of agreements for the provision of services electronically and the procedure for complaints.
- Tribune - a blog containing articles on medical topics and information on events from the world of medicine.
- User - any natural person with a university degree in medicine, nursing, or in the course of medical studies, or an organization, who uses the Portal to upload and share Files, to post Comments/Posts (with or without Materials) and also just browsing (displaying) the contents of the Portal - regardless of whether this action is performed with or without the use of an access password.
- Registered User - a User who has registered by providing the appropriate (as required in the registration form) data by means of information technology available in the Portal, having his/her own unique login protected by a password. Only such a Registered User may post Materials on the Portal, including Hosted Files and Comments.
- Logged-in User - a Registered User who has logged into the Portal using the access data to his Account, in particular his login and password.
TECHNICAL REQUIREMENTS NECESSARY FOR COOPERATION WITH THE INFORMATION AND COMMUNICATION SYSTEM USED BY THE SERVICE PROVIDER, COMPATIBILITY AND INTEROPERABILITY OF THE DIGITAL SERVICE
- Technical requirements to be met by the User to use the Portal:
- having a device that allows the use of Internet resources,
- connection to the Internet with a connection that ensures fast transfer (e.g. video), correctly configured browser in accordance with the standards of Microsoft Edge, Opera, Firefox, Safari or Chrome in the highest version,
- enabled option to accept "cookies" - in the case of Portal users wishing to create an Account,
- screen resolution not less than 1440px. - for the use of the Portal in the desktop version.
- The condition for creating an Account is that the User must have an active e-mail account.
- The Administrator reserves the right to temporarily suspend the provision of Services in connection with modernization or reconstruction of the Portal pages or in connection with maintenance work on the IT system on which the Portal operates.
- The Service Provider is not responsible for interruptions in the operation of the Portal, resulting from causes beyond its control.
- The Service Provider shall be liable for the compliance of the performance with the contract in the provision of the Digital Service under the terms of Chapter 5b of the Polish Act of 30th May, 2014 of Consumer’ Rights.
RULES OF USE OF THE MEDTUBE PORTAL
- The Terms and Conditions set forth the general rules for the use of the MEDtube Portal allowing the uploading of Files for publication on the Internet. In particular, it contains the rights and obligations of the Users and the technical rules of operation and functioning of the MEDtube Portal.
- Use of the MEDtube Portal is conditional upon the User's acceptance of the Terms and Conditions. The User's use of the MEDtube Portal means that the User has carefully read the Terms and Conditions, accepts the Terms and Conditions and agrees to their provisions. The User's use of the MEDtube Portal consisting in posting certain Files or other content (e.g. comments) on the Portal means that the User certifies that he/she has the rights to post such Files or other content on the MEDtube Portal and has the authority to grant the licenses, consents and permissions specified in the Terms and Conditions. The consequences of such actions, in particular the lack of relevant rights or permissions, shall be borne solely by the User committing the illegal actions.
- The condition for the use of the MEDtube Portal is the status of a professional, which means the possession of higher medical or nursing degree or the status of a medical student. The User is obliged to provide information confirming the aforementioned circumstances. If MEDtube, as part of the verification of Accounts, determines that the User does not meet the requirement of being a professional, it is entitled to unilaterally delete the Account.
- As part of the use of the MEDtube Portal, under the provisions set forth in the Terms and Conditionsand and generally applicable laws, the User may use services provided electronically, in particular may:
- register and activate an Account on the Portal;
- browse the content of the site, including Files placed on the Portal by himself or other Users,
- upload Files to the Portal,
- describe the Files placed by oneself,
- comment on and evaluate Files placed on the site by other Users,
- place on other sites or webpages, discussion forums or any other webpages, as well as distribute on the Internet in other ways (e.g., by e-mail, instant messaging) links to individual sites operating as part of the site, including links to individual Files, provided that this does not violate the relevant regulations in effect at those sites, and does not violate the customs prevailing in the given Internet community.
- By registering and activating an Account, the User consents to the sending of commercial and marketing information to the e-mail address provided during registration, including, in particular, consent to receive messages or information from the Administrator or other entities (with the Administrator’s knowledge and express consent) and information regarding the Administrator’s and other entities' products or services (with the Administrator’s knowledge and express consent). This consent is a condition for setting up and activating an account and applies to receiving the above information or communications via e-mail to the e-mail address provided during registration (or changed by the User at a later time to another one, by editing the data in the User's profile), including in the form of an e-mail attachment. Withdrawal of this consent is tantamount to a request to remove the User's Account together with all its contents. Withdrawal of consent is made by submitting an instruction to remove the Account, in accordance with the rules described in the Terms and Conditions.
- The Portal, despite making every effort to maintain a high level of content, is not responsible for:
- the content of statements posted on the site and the content of the uploaded Files. The sole responsibility shall be borne by the User who is the author of the statement/File,
- damages caused by the User's improper use of the Portal,
- medical decisions made on the basis of the materials contained in the site. In this regard, the responsibility rests solely with the decision maker, as the materials contained on the site cannot provide the User with a basis for treatment. Solely a authorized doctor may decide on treatment after a personal and individual examination.
- The Portal shall not be responsible for problems with the functioning of the Portal occurring as a result of unforeseeable events or which it could not prevent, in particular:
- for the consequences resulting from third parties gaining possession of the User's password,
- service interruptions occurring due to technical reasons (failure, maintenance, equipment replacement, etc.) or other independent reasons,
- loss of data caused by hardware or system failure or other circumstances beyond the Portal's control.
- Responsible for all actions related to the use of the password for a particular Account is the User of that Account. The User is obliged to maintain strict secrecy of the password necessary to log into the Account. It is prohibited to share the password to the Account with anyone. The Administrator suggests Users to choose a password in such a way that its guessing is not possible by other persons or computer programs. The Administrator suggests that Users change their passwords from time to time (e.g. every month).
- It is prohibited to share with others the data necessary for the use of the Portal using the User's login and password.
- The Portal Administrator shall be liable for the non-conformity with the contract of the Digital Services that existed at the time of their delivery and became apparent within two years from that time. The non-conformity of the Digital Service with the contract that became apparent before one year from the time of delivery of the Digital Service shall be presumed to have existed at the time of delivery.
- A digital service is in compliance with the contract if, in particular, its compliance with the contract remains:
- description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates;
- suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the trader at the latest at the time of conclusion of the contract and which the trader accepted.
- The Portal Administrator shall keep Users informed of necessary updates, including those relating to security, which are necessary for the proper use of the Digital Service for the period of time:
- the delivery of the Digital Service as specified in the agreement under which the delivery is made continuously, or
- reasonably expected by the consumer, taking into account the type of digital content or digital service and the purpose for which it is used, as well as the circumstances and nature of the contract, if the contract provides for delivery of the digital content or digital service on a one-time basis or in parts.
- The source of funding for the MEDtube Portal is the Portal Administrator's own funds and funds obtained from Marketing Partners. The Administrator of the Portal retains complete autonomy, in particular with regard to allowing materials to be published, their description, etc. The Marketing Partners do not have any influence on the Administrator in terms of running the MEDtube Portal or the Materials placed in it.
- Free access to content on the Portal and maintenance of the Portal's high level of content and technology is made possible by funds from Marketing Partners.
- The Administrator shall not charge the User any remuneration for the use of the MEDtube Portal. The User shall not be entitled to any remuneration for using the MEDtube Portal, including any licenses, consents and permissions granted in accordance with the Rules. Although the Administrator's goal is to allow MEDtube Portal Users to use the portal without remuneration, the Administrator reserves the right to introduce a fee for the use of the MEDtube Portal in the future in relation to certain MEDtube Portal services selected by the Administrator, of which, if such fees are carried out, Users will be notified in advance.
- In matters not regulated in the Terms and Conditions of the, the provisions of generally applicable law shall apply. Each User is obliged to use the Portal in a manner consistent with these Terms and Conditions and the rules of "net-etiquette".
- The technical principles and functionality of the service are described on the pages in these Terms and Conditions under TECHNICAL REQUIREMENTS REQUIRED FOR COOPERATION WITH THE TELEINFORMATIC SYSTEM USED BY THE SERVICE PROVIDER, COMPATIBILITY AND INTEROPERABILITY OF THE DIGITAL SERVICE.
REGISTRATION IN THE PORTAL
- Registered User gains access to the full functionality of the Portal after providing a login and password (then becomes a Logged-in User).
- The Account can be removed by sending a blank e-mail to: [email protected].
- The User shall have access to the information made public within the Account by the Registered User.
- The User, by completing the registration process concluded with the creation of an Account, declares that:
- has read and accepted the content of the Terms and Conditions without any exceptions,
- agrees that the Administrator allows to make his/her Account public, as well as to publish the data (including the image) publicly under the Account on the Portal pages, and accepts the fact that an unlimited circle of Users may have access to the personal data, image in photos, videos, as well as to other information made public under the Account, with the exception of the following data:
- e-mail address,
- the password to the Account,
- activation codes or other type of confidential access data.
- Providing personal data is voluntary, however, it is necessary in order to fully access the services offered on the Portal.
USING THE PORTAL
- The User may use works and databases contained in the Portal within the scope of permitted use designated by the provisions of the Law of 04 of February 1994 on Copyright and Related Rights and the Polish Act, of 27 of July 2001 on Protection of Databases.
- It is prohibited to interfere with the code of the Portal.
- The Account may not be used by the User for commercial activities or to support such activities in any way without the prior written consent of the Administrator. Commercial activity is also understood as placing advertisements by the Users in any Materials functioning within the MEDtube Portal, as well as other forms of deriving financial benefits from the possession of the Account.
- As part of the Portal, the Administrator provides a service consisting of providing ICT infrastructure for Users to share Materials. In particular, through the Portal, it is possible for Users to publish Materials on their own Accounts, which they can then use from various geographical locations, via the Internet, including sharing these Files with other Users.
- By uploading a File to the Portal, the User shall bear all liability as provided by law and these Terms and Conditions, related to possible infringement of copyright and other rights related to making available and distributing the given Material.
- The User who has established an Account, has the right to withdraw from the contract for the use of the Account within 14 days without giving any reason. The period for withdrawal expires after 14 days from the date of conclusion of the contract.
- Having regard that the use of the Account does not involve the payment of a price by the User, the User loses the right to withdraw from the Agreement on the use of the Account as soon as the Portal Administrator begins to perform the service.
- Withdrawal from the Account agreement consists in the User's submission to the Administrator of a statement of intent to withdraw from the agreement, by sending it, for example, by mail or in the content of a message sent by e-mail.
- The User may use the model withdrawal form referred to in section 11 below, but it is not mandatory.
- In order to comply with the deadline for withdrawal from the Account contract, it is sufficient, to send information on the exercise of the above-mentioned right of withdrawal before the expiration of the deadline for withdrawal.
- Model form of withdrawal from the contract for use of the Account:
MODEL WITHDRAWAL FORM BY THE USER
(This form should be completed and sent back only if you wish to withdraw from the agreement for the provision of the Service consisting in creating an Account on the www.medtube.net Portal. Address: MEDtube sp. z o.o., 59 Złota St., 00-120 Warsaw, e-mail address: [email protected].)
I hereby inform of my withdrawal from the agreement for the provision of the Service consisting in having an Account on the www.medtube.net Portal associated with:
and e-mail address: ………………………………………………………………………………
Signature (only if the form is sent in paper version
- Regardless of the right of withdrawal, the User may cancel the use of the Account at any time. The User has the right to resign from the Service at any time, in particular, if he/she does not accept subsequent changes to these Terms and Conditions by clicking on the appropriate link in the settings of his/her Account or by sending from his/her Account to the Administrator's email address a request for deletion of data.
- In case of cancellation of the Account, the Portal Administrator may prevent the User from further use of the Digital Service, in particular by preventing access to the Digital Service or blocking the User's Account.
- In case of cancellation of the Account, the User is obliged to stop using the Digital Service and sharing it with third parties.
- Once the User, who is a consumer, has terminated his/her use of the Portal, the Portal Administrator shall not use content other than personal data provided or created by the User in the course of using the Digital Service, except for content that:
- are useful only in connection with the Digital Service;
- relate exclusively to the User's activity during the use of the Service;
- have been linked by the Portal Administrator with other data and cannot be disconnected without undue difficulty;
- they were created by the User jointly with other Users who can still use them.
- The Administrator of the Portal has the right to terminate the Agreement for maintaining the Account with 7 days' notice, in case of:
- if the Portal Administrator decides to terminate the operation of the Portal.
- Removal of the Account shall not affect the validity of the licenses and consents granted to the Portal Administrator by the User.
RULES FOR POSTING MATERIALS AND COMMENTS
- The Register User by posting a Comment or any Materials on the MEDtube Portal, declares that they are free from legal defects and claims of third parties and that has all rights to the content posted, including author's economic rights covering the right to publish and distribute the Materials in the online system, on the Internet, and the right to use the image of a third party, as well as that these rights are not limited in any way for the benefit of any third party.
- The materials entered and published should not allow identification of the patient, but if such identification is possible, it is necessary to obtain the patient's consent. The User entering such materials declares that he has such consent.
- 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.
- By using the MEDtube Portal by posting specific Files, comments or other content, the User hereby declares that owns all rights in this respect, including, in particular, copyrights and that it does not violate any third party rights by its actions, including, in particular, copyrights and intellectual property rights, and is legally entitled to such actions, as well as is entitled to grant the licenses, consents and permissions specified in the Terms and Conditions, and the execution of these rights in accordance with their scope shall not violate any third party rights.
- The consequences of the User's actions consisting in posting Files, comments or other content on the MEDtube Portal, as well as the consequences of granting, in accordance with the Terms and Conditions, licenses, consents and permissions by the User, including the use of the rights granted by the User within the limits of these rights, shall be the sole responsibility of the User. In the event that any entity makes a claim against the Administrator on account of a given User's posting of certain Files, comments or other content on the MEDtube Portal, or on account of the User's granting, in accordance with the Terms and Conditions, of licenses, consents and permissions, as well as on account of the Administrator's use of the rights granted by the User within the limits of such rights, the User shall be obliged to unconditionally, irrevocably and upon the first demand of the Administrator or such entity to satisfy the legitimate claims of the Administrator or such entity. In the event that the Administrator has already satisfied such claims, the User shall be obligated to pay to the Administrator all costs incurred in this regard, including the costs of legal assistance. The User's obligations set forth in this section shall apply if the third-party claims covered by this section are a direct consequence of the User's actions or omissions regarding the posting of certain content on the site.
- A User posting Files on the MEDtube Portal, including despite subsequent deletion of an Account or Files, modification or any alteration of Files, or comments, including despite subsequent deletion of an Account or comments, modification or any alteration of comments, or other content (collectively referred to: Files, comments and other content are hereinafter referred to as works in this section), constituting a work within the meaning of the Polish Act on Copyright and Related Rights of February 4, 1994 (consolidated text in the Journal of Laws of 2000, No. 80, item 904, as amended), declares that is entitled to economic copyright in the published Files, which is not restricted in favor of any third party, or that is entitled to the rights to use these Files (license), in the fields of exploitation specified in the following section 7 of the Regulations. The User declares that, in the case of works of which he is not the Creator, he has obtained permission from the Creator to exercise the author's moral rights on his behalf and to grant the consents referred to in the following paragraphs 8-10 of these Regulations.
- Upon publication of the works on the Portal, the User grants the Portal Administrator a royalty-free, non-exclusive, transferable license for an indefinite period of time, with the right to grant sublicenses, without territorial restrictions, to use the aforementioned works in the following fields of exploitation:
- in terms of distribution in any manner, including lending, rental and lease (in whole or in any part), marketing in any form and manner (in whole or in any part), including within information systems, via the Internet or in any other manner, introduction into computer memory (in whole or in any part); the provisions of this subsection shall also apply to modified works, including those modified in terms of the computer format of fixation of the work (the Administrator shall have the right to modify them),
- with respect to the right of public performance, display, reproduction, broadcasting, transmission or rebroadcasting by means of any medium (including, in particular, by means of vision and/or sound) and the right of other communication to the public; the provisions of this subsection shall also apply to modified works, including those modified in terms of the computer format of fixation of the work (the Administrator shall have the right to modify them),
- regarding the right to publish works on this site and on any other site or website, as well as in any other publication (including, but not limited to, television or press) in any form (including, but not limited to, digital or magnetic recording) on any media (including, but not limited to, optical, magneto-optical, magnetic media); the provisions of this subsection shall also apply to modified works, including those modified in terms of the computer format of fixation of the work (the Administrator shall have the right to modify them),
- with respect to the right to modify works, including those modified in terms of the computer format of fixation of the work; the Administrator shall have the right to make modifications at its sole discretion when the modification is deemed by the holder of the right of modification to be justified by technical or functional reasons of the service or website in question or any other medium,
- with respect to the right to develop works, including combining works or individual parts thereof with other works, dividing works at the discretion of the holder of the modification right,
- with respect to the right of permanent or temporary reproduction and fixation of works and their modified versions (as a whole or any part thereof) by any means or techniques, including, in particular, printing, reprography, optical, magnetic, magneto-optical recording, digital and any other means or techniques that exist and may be created in the future, and in any form, in particular on any type and format of CD-ROM, DVD, optical, magneto-optical, magnetic discs, compact discs and any other existing and may be created in the future information carriers,
- in terms of the right to translate, adapt, make changes, including changes to the layout (of the whole or any part).
- The User grants the Administrator of the Portal free of charge, unlimited in time and territory, permission for the Service Provider to exercise derivative rights to the works in the fields of exploitation referred to in the above section 7 of the Terms and Conditions.
- The User agrees, free of charge, without time or territorial restrictions:
- not to execute his personal copyrights in the works, subject to the following section 10 of the Terms and Conditions,
- not to execute author's supervision,
- not to require the Administrator of the Portal to fulfill the obligation to inform about the subject of moral copyrights to the original work in the event that the User, or persons acting on his behalf, performs the development of the work in question.
- The User's request for deletion of personal data pertaining to him pursuant to Article 17 of the General Data Protection Regulation (GDPR) shall be tantamount to the User's exercise of his personal copyright to make the work available anonymously.
- The User agrees that the Administrator may make changes to the Content.
- The license is granted for an indefinite period. In case of termination of the license, the notice period is 5 years.
- The absence of territorial restrictions with respect to the licenses, sublicenses and consents referred to in the Terms and Conditions means the possibility of using the works and rights covered by the aforementioned licenses, sublicenses and consents throughout the world, both in terms of the places where the fixation, reproduction, marketing and distribution takes place and the places where the works and other rights distributed by the User or his sublicensees are accessed.
The User undertakes to use the Portal in accordance with its intended use, the laws in force in Poland, social and customary norms, the provisions of these Terms and Conditions and the rules of netiquette, and in particular to
- give the uploaded Files names and place descriptions consistent with the actual content of the Files,
- to use the Portal in a manner that does not violate the rights of other Users,
- to monitor potential changes to these regulations available at http://medtube.pl/regulamin on an ongoing basis and to familiarize themselves with them,
- not to upload to the Account Files that are used as components of web pages or executable applications.
ORDERS AND PROHIBITIONS
- The User may use the materials available on the Portal as long as this does not violate the rights of third parties. In particular, the User may use the materials within the limits of permitted use (e.g., in the course of training provided by an educational institution), as well as in accordance with the right of quotation (e.g., by posting excerpts of materials available on the Portal with appropriate marking and indication of the source).
- The User is prohibited from:
- downloading, broadcasting or rebroadcasting by means of any medium (including, in particular, by means of vision and/or phonation) and otherwise making the Materials posted on the MEDtube Portal available to the public without written consent granted by the Administrator constituting a license (sublicense) to use the Materials posted on the MEDtube Portal;
- distribute through the Account Files or other content for which the User does not hold the copyright or other authorization to publish or distribute them on the Internet,
- uploading materials (pages, graphics, texts, audio and video recordings, etc.) containing illegal content, in particular pornographic content, content of a pornographic nature with the participation of children and animals or with the use of violence, materials promoting phonographic or software piracy, disseminating data security breach techniques, viruses and publication of any other materials similar in content and operation,
- posting content inciting ethnic, racial, religious or any other hatred, as well as propagating fascism, nazism and other criminal ideologies,
- to distribute through the MEDtube Portal content that grossly violates generally accepted moral and social norms, as well as grossly drastic content,
- creating Accounts and uploading Files with names that violate the law, refer to words generally considered offensive or violate good morals, while this prohibition also applies to descriptions of Accounts and Files,
- make it difficult for other Users to use the Portal, including by interfering with individual elements of the Portal in a manner for which these elements are not adapted,
- take actions aimed at reading access passwords of other Users, including attempts to guess passwords,
- paid transfer as well as any other form of paid access to part or all of the account,
- not to include in Posts or any other available on MEDtube any private "terms and conditions", "disclaimers", clauses of your own or other Users' liability in any form or content,
- posting Files and content containing any personal information of others on the Portal by the User,
- contacting other Users of the MEDtube Portal for purposes not related to the exchange of medical experience and knowledge without the written consent of the Administrator.
- If the materials posted by the User on the Portal will constitute advertisement within the meaning of the Polish Medical Devices Act of April 7, 2022, the User shall be obliged to ensure that the aforementioned materials do not violate the rules on how to advertise medical devices set forth in Articles 54 - 61 of the Polish Medical Devices Act. In particular, it is prohibited to place advertising materials that:
- will use the image of persons practicing medical professions or claiming to be such persons, or depict persons presenting the product in a manner suggesting that they practice such profession;
- will contain direct exhortations to children to purchase the advertised products or to persuade their parents or other adults to buy them the advertised products;
- will refer to products intended for use by users other than laypeople.
- MEDtube shall be entitled, without prior notice of violation, to unilaterally remove advertising materials from the Portal if it deems that they violate the rules set forth in Articles 54 - 61 of the Polish Medical Devices Act.
- The User shall bear all responsibility related to the respect of copyright and other rights related to the storage, distribution and other forms of use of the respective File.
- The User undertakes that at the time third parties file claims against the Administrator for violation of any of their rights by materials posted by the User within any of the forms available on the Portal, the User shall intervene in the place of the Administrator or shall intervene as an outside intervener, and shall assume in full the costs of any court proceedings, costs of legal representation and damages awarded or determined by settlement.
- In the event of discovery of a violation or attempted violation of these Terms and Conditions, the Administrator shall be entitled, to the extent permitted by law, to impose a contractual penalty of up to ten times the value of the benefits obtained by this action, and in case of difficulty in determining the value of such benefits, up to one hundred times the lowest salary determined by the Minister of Labor and Social Policy.
- Violations of the provisions of these Terms and Conditions may, at the Administrator's discretion, result in a warning, blocking of access to the Account, total blocking of the Account, deletion of individual Files, restriction of the use of certain services or functionalities of the Portal, or deletion of the Account together with all Files stored therein. In the event that the User has taken actions that are not prohibited by these Terms and Conditions, but are, in the Service Provider's reasonable judgment, considered undesirable, the Service Provider may notify the User by e-mail, requesting that the User cease taking such actions. Failure of the User to immediately comply with this request shall constitute a violation of these Terms and Conditions. In exceptional situations, the Service Provider reserves the right to block public access to the Account, part of the Files or block access to the Account altogether.
- It shall also be considered a violation of these Terms and Conditions to encourage, facilitate or promote methods of violating and circumventing its provisions, as well as to knowingly benefit from such actions.
- The User who misappropriates the authorship or misrepresents the authorship of all or part of another's work or artistic performance will be subject to a fine, restriction of freedom or imprisonment for up to 3 years under the provisions of the Criminal Code - Article 115(1) of the Law on Copyright and Related Rights of February 4, 1994.
- The User who distributes, without mentioning the name or nickname of the author, another person's work in the original version or in the form of an elaboration, an artistic performance, or publicly distorts such a work, will be subject to a fine, restriction of freedom or imprisonment for up to 3 years, according to the provisions of the Criminal Code - Article 115(2) of the Law on Copyright and Related Rights of February 4, 1994.
- The User who, without authorization or in violation of its terms, distributes another's work in the original version or in the form of an elaboration, artistic performance, phonogram, videogram or broadcast, according to the provisions of the Criminal Code, was subject to a fine, restriction of freedom or imprisonment for up to 2 years - Article 116(1) of the Law on Copyright and Related Rights of February 4, 1994.
- The User who prevents or obstructs the exercise of the right to control the use of a work, or refuses to provide the information provided for in Article 47 of the above mentioned Law, will be subject to a fine, restriction of freedom or imprisonment of up to one year under the provisions of the Criminal Code - Article 119 of the Law on Copyright and Related Rights of February 4, 1994.
DISCLAIMER AND RESERVATIONS
- To the extent permitted by law, the Administrator's liability is excluded for:
- any damage resulting from the way Users use the Portal, insofar as such Users' actions do not constitute normal use of the Portal in accordance with its intended purpose,
- any damages caused to the User as a result of improper sharing of the Files or caused by this inability to share the Files,
- consequences of the fact that third parties came into possession of the User's access password, provided that this happened due to the User's fault (e.g., the password was made available to a third party by the customer),
- making the password and data available to persons authorized under applicable law,
- information downloaded by the User from the Internet and for the consequences of its use by the User,
- damages caused by force majeure,
- any actions taken against the User in connection with the User's violation of the provisions of the law or these Rules, 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 certain services or functionalities of the Portal, or removal of the Account together with all the Files stored therein.
- possible damages in connection with the content of Comments and Materials,
- the User's actions consisting in the collection of personal data in violation of the law and its subsequent processing, in particular, providing access to unauthorized persons in a manner inconsistent with the regulations governing the protection and processing of personal data.
- To the extent permitted by law, the Administrator reserves the right to:
- periodically shut down the Portal without prior notice,
- immediately remove one or more Files provided by the User, as well as the entire Account, without notice, in the event of a violation of the provisions of these Terms and Conditions,
- remove some or all of the Files, located on the MEDtube Portal, in exceptional situations,
- restrict access to selected Materials for a specific User Group,
- complete discontinuation of free services, after prior notification to the User on the Portal pages,
- to remove Comments or Materials in the event that it is determined that they may violate the rights protected by law of third parties or violate good practices,
- transfer its rights and obligations related to the provision of electronic services on the MEDtube Portal to another competent entity.
AMENDMENTS TO TERMS AND CONDITIONS
- All provisions of the Terms and Conditions may be amended at any time by the Administrator, for valid reasons. Valid reasons are considered to be:
- force majeure,
- introduction of new Services, change of functionality of the Portal, change or discontinuation of existing Services, in particular as a result of technical, technological, IT progress, change of law,
- introduction of new or change of hitherto binding legal regulations concerning the Administrator or the User, in particular those affecting the provision of services by electronic means or conclusion of agreements at a distance, regulating the rights and obligations of consumers,
- change or appearance of new interpretations of generally applicable laws as a result of court rulings, or decisions of authorities and public administration bodies affecting the Service Provider's activities.
- Any changes to the Terms and Conditions shall be published in the form of a consolidated text of the Terms and Conditions on the MEDtube Portal at: http://medtube.pl/regulamin. The Administrator of the Portal will also notify the User who has an Account each time of a planned change to the Terms and Conditions, in the form of a message sent to the e-mail address assigned to the User's account.
- The new Terms and Conditions shall come into force within no less than 15 days from the date of receipt of the aforementioned notification by the User. In the case of changes negatively and significantly affecting access to or use of the Portal, the new Terms and Conditions will come into force no less than 30 days from the date of receipt of the aforementioned notification by the User In the case of non-acceptance of the new content of the Terms and Conditions, the User has the right to terminate the agreement at any time before the effective date of the new Regulations, in accordance with the procedure described in the Terms and Conditions.
- The User has the right to file a complaint regarding the Service.
- Complaints about the services provided on the Portal may be sent via the appropriate Portal contact form or in writing to the address specified in section FINAL PROVISIONS paragraph 1 of the Terms and Conditions.
- A properly submitted complaint should contain the following data:
- the User's data (e-mail address, Nickname - in case of a complaint submitted via e-mail; name and surname, mailing address - in case of a complaint submitted in writing),
- the demand with respect to the Portal Administrator,
- justification of the complaint.
- The Portal Administrator shall respond to the complaint using such communication channel as was used to file the complaint, within no more than 14 days from the date of receipt of the complaint.
- Any information about violations of these Terms and Conditions by Users should be sent to [email protected]. Reports of violations can also be made using the appropriate contact form available at: http://medtube.pl/kontakt.
- None of the provisions of these Terms and Conditions shall be interpreted in such a way as to limit the rights of consumers in accordance with applicable law.
- In case of any disputes arising in connection with the functioning of the MEDtube Portal, in particular in connection with violating the provisions of these Terms and Conditions or applicable law, where one of the parties will be the Administrator, the Polish law and EU regulations shall apply, and the court of competent jurisdiction to resolve disputes shall be the court of the Administrator's seat.
- These Terms and Conditions shall come into force on (●).
TABLE OF CONTENTS
- General provisions
- Technical requirements necessary for cooperation with the information and communication system used by the service provider, compatibility and interoperability of the digital service
- Rules of use of the MEDtube Portal
- Registration in the Portal
- Using the Portal
- Rules for posting materials and comments
- User responsibilities
- Orders and prohibitions
- Criminal responsibility
- Disclaimer and reservations
- Amendents to terms and conditions
- Final provisions