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TheSYNAPSE.NET Terms Of Use

ALL USAGE OF THE SYSTEM IMPLIES ACCEPTANCE OF THIS USER AGREEMENT.

DEFINITIONS

"The Company"
means Medical Portals Ltd, hereinafter referred to as MPL;
"The Site"
means any of the information physically stored on the Company’s server;
"Member"
means any individual who has applied for, and been granted, a personal username and password to permit personalised access to the Site;
"Corporate Member"
means any organisation which rents space on the Company’s server for the purpose of publishing information to other users of the site;
"The User" and "Users"
are collective terms for Members and Corporate Members;
"Publishers"
on the Site are any Users who are allowed to post or upload material for viewing by other Users and any third parties involved in the production or preparation of the material.

DURATION

This Agreement is for an indefinite term starting from the day, which the user has applied for membership. Either party can terminate for any reason at any time. A user can request termination of membership by sending an email to cns@thesynapse.net. Fee-paying Users who terminate their Agreement forfeit the right to a refund of fees unless this right is explicitly granted in the original signed Agreement. If MPL terminates this Agreement, it shall E-mail the User at the address he/she provided on registration, and he/she will be deemed to have received it within one hour of transmission. Termination will be effective at that time, so that the assigned Username and Password will no longer provide access to the Site. The User will be responsible for notifying MPL of any changes to his/her E-mail address.

PURPOSE

All material within the Site is provided solely for education and discussion between Members and Corporate Members. It should not be construed as offering legal or professional advice of any form.

DISCLAIMERS OF WARRANTY

MPL hereby excludes any warranty, express or implied, as to the quality, performance or fitness for a particular purpose of the Site. MPL will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any material contained in it, or from any action or decision taken as a result of using the Site. The Service is presented by MPL for the sole purpose of disseminating health information for public benefit. The service is targeted to users in the Maltese islands although membership by eligible users from other countries is also encouraged. It is not intended, and must not be taken, to be the provision or practice of medical, nursing, or professional health care advice or services in any jurisdiction. Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Service illegal, are unauthorized to use the Service, and do so entirely at their own risk. Links to information external to MPL ’s server may be contained within the Site. These links will for all purposes be regarded as external to the Site and not controlled by MPL or any Publisher on the Site. All Publishers on the Site are covered by this disclaimer of warranty.

DISCLAIMER REGARDING PHARMACEUTICAL INFORMATION ON THE SITE

The information contained in this site is only meant to be applicable to medical professionals in the Maltese islands. Such information may not be applicable to any other particular country. Products may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sales or use with different indications and restrictions in different countries. Nothing contained on the site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way, which is not authorized, by the laws and regulations of the country where the reader is located. The information about drugs contained in this site is general in nature and is intended for use as an educational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular drug. The text that a user may be viewing at any one time, or may print, may contain only a portion of the drug data sheets. The latest entire official approved drug data sheet should be consulted for complete information.

LIABILITY

All Users will indemnify and hold MPL harmless from and against any and all claims, demands, losses, liabilities, including reasonable legal fees, which arise out of any User’s violation of this Agreement or any use of any information contained or displayed within the Web site in a manner inconsistent with the provisions of the sections entitled "Copyright" and “Disclaimers of Warranty”. In no event shall MPL be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this service, or sites accessed through this service, and/or content or information provided herein. A user's sole and exclusive remedy for dissatisfaction with the service is to stop using the service. The liability of MPL shall in no event be greater than the subscription fee paid by the User in either in a capacity of a member or corporate member.

COPYRIGHT

The rights to registered trade and service marks owned by other companies are hereby acknowledged. All material published by Corporate Members on the Site is owned by them.

Unless otherwise stated, copyright or similar rights in all material presented on the Site, including graphical images, is owned by MPL .

MPL is automatically granted the right to edit and publish, both in printed and in electronic form, any of the material uploaded to the Site by any User, with appropriate acknowledgement. Users may print or download extracts from the information on the Site for their personal use only. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without MPL prior written permission. Requests to republish material from the Site should be addressed to cns@thesynapse.net. Explicit written permission from MPL is required for re-publication of any material or collection of material from the Site.

The rights to the look and feel of the Site are owned by MPL, including but not limited to, the hierarchical organisation of services and all aspects of the user interface.

COST OF MEMBERSHIP

Membership in MPL is free for eligible registered health professionals. Eligibility is limited to doctors, pharmacists and dentists and registered students in these professions.

OTHER CONDITIONS

MPL reserves the rights:
· to extend Membership without notice;
· to reduce eligibility for Membership with a notice period of three months;
· to introduce a charge for any or all services with a notice period of one month;
· to change or even suspend all services on MPL without notice.

MPL shall have no liability to the Users for any interruption or delay in access to the Site irrespective of the cause.

MPL shall have no liability to the Users for any error in the operation of the Site. User Support For non-paying Users, is limited to whatever may be available online and may take the form of help pages or a user support forum. Fee-paying Users are entitled to the user support that is explicitly stated in their signed Agreement. In particular, all Users are responsible for acquiring and commissioning hardware, software and connections that will allow them to access the services offered on the Site.

INAPPROPRIATE USE OF THE SITE

Inappropriate use of the Site carries the penalty of immediate cancellation of membership and may entail, but not be limited to, removal of any or all access privileges, erasure of all material published by the User and erasure of all mail pending to or from the User. Inappropriate use of the Site includes, but is not limited to: · any User allowing any other person to share his/her Username and Password;
· any User divulging their Username and Password to third parties;
· any User failing to immediately notify MPL that their Username and Password has been accidentally or maliciously acquired by third parties;
· any User allowing a single Username and Password to be used by multiple users on a network;
· breaking the copyright conditions in this Agreement;
· any User publishing material on the Site that is illegal, breaks copyright laws or that would be regarded as offensive or pornographic by the average User;
· any use of the Site for solicitation, advertising or commercial purposes other than by Corporate Members within the limits of their signed agreement.

MPL has sole discretion on the decision whether to suspend user access because of violation of any part of this Agreement.

ADVERTISING MATERIAL

Part of the Site will contain advertising material submitted to MPL by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with International and National law. MPL will not be responsible for any error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Non-paying Members of the Site agree to receive circular mail from Corporate Members of MPL. They also agree to have their use of this mail automatically generate an acknowledgement to the originator of the mail.

CHANGES TO THIS AGREEMENT

MPL reserves the right to add to or to change the terms of this Agreement. The applicability of the most recent version will be from the date and time appearing at the top of this Agreement. Users are responsible for ensuring they have read and agreed with the most recent version of the Agreement every time they access the Site.

The most recent online version of the Agreement will govern all use of the site, even for those users who have signed an older printed version of the Agreement. This Agreement is covered by Maltese Law. Maltese courts will have exclusive jurisdiction over any disputes arising under this Agreement.

If any provision or part thereof contained in this agreement shall be deemed illegal or unenforceable under any enactment or rule of law, such provision or part thereof shall not form part of this agreement but the remainder thereof shall continue in full force and effect. For the avoidance of all doubt, it is hereby provided that the “privacy policy” form an integral part of this agreement.

This agreement shall be governed by the laws of the Republic of Malta and its Dependencies and any dispute which may arise shall be referred to Re Courts of the Republic of Malta and its Boundaries, which Courts shall have exclusive jurisdiction to hear and determine the dispute.

Questions regarding the privacy policy should be directed to cns@thesynapse.net.

Last Modified: 08/09/2010 09:54:19

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