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Radiopaedia Pty Ltd (ACN 133 562 722)
Effective Date: 27 August 2015

Thank you for visiting Radiopaedia.org (Site), a collaborative radiology resource, and/or downloading our app, which incorporates Site content (App).

By accessing the Site or any App (collectively any "Platform"), or by submitting the registration information on any Platform (at which point we ask you to agree to these Terms of Use) you create an agreement with us. Under this agreement, you agree to be bound by these terms of use as amended from time to time (Terms of Use). In return, we agree to allow you to access and use the Platforms until such access is terminated in accordance with these Terms of Use.

Please take the time to read these Terms of Use carefully as they contain important information regarding your legal rights remedies and obligations. These include various limitations and exclusions and an important Medical Disclaimer (below). If you do not agree with these Terms of Use, please do not register for, access, or use any Platform.

If you accept these Terms of Use (including the Medical Disclaimer below), you may browse content on any Platform, and may continue to do so for so long as you accept these Terms of Use. Your continued browsing will be deemed to be continued acceptance of these Terms of Use.

If you wish to add, curate, or edit content on a Platform, be able to contact other users, subscribe to services, have a profile page or be entitled to notification of material changes to these Terms of Use (collectively referred to as "Registration Features"), you must register on the site and create an account. Any such account may be terminated in accordance with these Terms of Use.

Overview

The following are terms of a legal agreement between you (User) and Radiopaedia Australia Pty Ltd ACN 133 562 722 (Radiopaedia). By accessing, browsing, or using any Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations.

Radiopaedia may, without notice to you, at any time revise these Terms of Use by updating this posting. It is your responsibility to regularly check the Platforms to determine if there have been changes to these Terms of Use and to review such changes. However, where required by law, and provided you have registered with the site and therefore have an account settings page available at http://radiopaedia.org/users/YOUR_USERNAME/edit (Account Settings Page), we will send you an e-mail notifying you of any material changes to these Terms of Use to the email address recorded on your Account Settings Page, and if you subscribe for email updates (at the end of this document) we will endeavour to notify you (to the email address you subscribe) of all changes. Radiopaedia may also make improvements or changes in the products, services, or programs described on any Platform at any time without notice.

These Terms of Use apply exclusively to your access to and use of the Platforms and do not alter the terms or conditions of any other agreement you may have with Radiopaedia.

Medical Disclaimer

Content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals. It should not be used for self-diagnosis or self-treatment. It is not intended as, nor should it be, a substitute for independent professional medical care. We recommend that you consult your own physician regarding any diagnosis, imaging interpretation or course of treatment.

As content is submitted by individual users, Radiopaedia and its associates (including licensors) (Associates) cannot guarantee its accuracy and assume no legal liability or responsibility for the accuracy, currency or completeness of the information.

Medical practitioners must make their own independent assessment before suggesting a diagnosis or recommending or instituting a course of treatment. The Platforms should not in any way be seen as a replacement for consultation with colleagues or other sources, or as a substitute for conventional training and study.

If you are not medically qualified and are registering as a lay person, you further acknowledge that the content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals. You agree to use the information solely for your own private educational purposes and further agree not to rely on the information in any way.

Ownership and Licences

User contributed image content

All rights in any image content which you contribute to any Platform (i.e. radiology cases, including but not limited to X-rays, CT, MRI, ultrasound, angiography, images, diagrams and photos, but specifically excluding all text content) (Image Content), are unless otherwise agreed by Radiopaedia in writing at the time you contribute same, licensed by you to Radiopaedia under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence (http://creativecommons.org/licenses/by-nc-sa/3.0/) (CC Licence), as such licence is modified in accordance with these Terms of Use (Image Content Licence).

Other than in respect of Image Content contributed by you, Radiopaedia grants to you a sub-licence of the Image Content Licence to the extent necessary, and only to such an extent, for you to access and use the Platforms. Image Content (other than Image Content contributed by you) may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, outside the bounds of the CC licence, without prior written permission from the contributing user, or if the contributing user has delegated such rights to Radiopaedia on their Account Settings Page then from Radiopaedia.

Text content

So that text content you contribute to Radiopaedia can be readily edited by other Radiopaedia users and it is necessary that all rights in any text content which you contribute to any Platform (including but not limited to articles, case descriptions, blog posts, tutorials, image descriptions and all communications you transmit to anyone through any Platform) (Text Content) be the property of Radiopaedia, and immediately vest in Radiopaedia upon creation. Unless otherwise agreed by Radiopaedia in writing, all such content is licensed to you under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence.

You may modify Text Content in good faith and in the legitimate use of a Platform, but Text Content may not otherwise be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, outside the scope of this licence, without prior written permission from Radiopaedia.

Where you contribute any Text Content to any Platform, you assign to Radiopaedia, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights).

Warranty

In respect of all content (including Image Content and Text Content) which you contribute to any Platform (Your Content), you warrant that you have the right to contribute such content to the Platforms and to allow such content to be used in accordance with these Terms of Use, and you further warrant that such content:

  • has been collected by you in a diligent and professional manner and in accordance with the Privacy Act 1988 (Cth);
  • is de-identified such that the identity of each patient to whom Your Content relates is not identifiable or reasonably identifiable;
  • comprises legitimate and original content such as, but not limited to radiographic images (CT, US, MRI, X-rays, DSA etc..), photos, diagrams and illustrations and that these have not been in any way copied from any secondary source; and
  • will not infringe any third party intellectual property rights when used on, or in connection with, any Platform.
Moral rights etc

Despite any provision to the contrary at law or under the CC Licence, you consent to Radiopaedia making, and allowing third parties to make, any use of Your Content which would otherwise infringe any non-assignable personal rights which may subsist in Your Content.

Modifications to CC Licence

You acknowledge that each Platform is a "Collection" as defined in the CC Licence. You further acknowledge that the CC Licence is amended as follows, in respect of Your Content (irrespective of when you posted Your Content). Despite any contrary provision in the CC Licence:

  • Radiopaedia will endeavour to ensure appropriate attribution is made or is not made (as the case may be), but will not be liable in any way for failing to make appropriate attribution or failing to comply with any request to remove any attribution;
  • Radiopaedia may:
    • accept commercial sponsorship;
    • charge Users for registering for, accessing or using any Platform (other than the Web Platform, which will always be freely accessible) and/or for access to certain modules of Image Content and Text Content on any Platform (other than the Web Platform);
    • sub-license its rights under these Terms of Use to Radiopaedia Events Pty Ltd ACN 603 740 030 for use by that company for providing commercial and non-commercial educational and training services and related events;
  • if the CC Licence is terminated for any reason, Radiopaedia will endeavour to comply with any written request from you to remove any content contributed by you, but is under no obligation to do so. You further agree that Radiopaedia's licence under these Terms of Use is perpetual and irrevocable and that damages are your sole remedy for any breach of the licence;
  • the Governing Law, Venue and Jurisdiction provisions set out in these Terms of Use below also apply to the CC Licence; and
  • should Radiopaedia wish to use, or receive a request to use, Your Content outside the bounds of the licence rights granted under these Terms of Use, you will not unreasonably withhold your consent to such use; and further, should Radiopaedia, having used its reasonable efforts to contact you to seek such consent, be unable to contact you, Radiopaedia may make a decision on your behalf at its discretion. Upon you consenting, or being deemed to have consented, to such use, you appoint Radiopaedia to act for and on behalf of you in respect of any dealings with third parties in relation to such use, including doing all such things and executing all such documents (whether in the form of a deed or an agreement or otherwise) to enable such use, and to Radiopaedia retaining any or all funds (at its discretion) received in connection with such use.
Platform Intellectual Property Rights

All rights in all software, designs, arrangements, graphics pertaining to the Platforms belong to Radiopaedia.

All trademarks, product names, and company names and/or logos displayed on the Platforms are either trademarks or registered trademarks of Radiopaedia or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Radiopaedia. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of Radiopaedia or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Radiopaedia.

User Conduct

General

In using any Platform, you agree:

  • to comply with all policies of Radiopaedia or its Associates contained in, or referred to on, the Platform or as otherwise communicated to you by or on behalf of Radiopaedia from time to time;
  • not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, software, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Web sites;
  • not to disrupt or interfere with any other user's enjoyment of the Platforms or affiliated or linked Web sites;
  • not to upload, post, or otherwise transmit through or on the Platform any viruses or other harmful, disruptive or destructive files;
  • not to use or attempt to use another's account, service or system without authorization from Radiopaedia, or create or use a false identity on the Platform;
  • not to transmit through or on the Platform spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  • not to divulge your username and password to others either on or off the Platform;
  • not to attempt to obtain unauthorized access to any aspect of the Platform which is restricted from general access; and
  • not use the Platform to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to any person’s particular condition or situation.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations when using any Platform.

Online Communities and Other Interactive Areas

The Platforms contain areas where you may post and share comments with other persons on a variety of subjects. You agree that you will not post or otherwise disseminate on or through any Platform unlawful, defamatory, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. Radiopaedia reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Radiopaedia and its Associates from all claims from third parties based upon communications made or materials posted by you or upon your abuse of any Platform.

You expressly agree that you will not discuss or refer to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to "off label” uses of medical products, including any uses which have not been approved by the Australian Therapeutic Goods Administration, the U.S. Food and Drug Administration or another applicable regulatory agency.

Notice of Inappropriate Use

If you believe that Your Content has been improperly used on any Platform, or that any other person has engaged in any conduct contrary to these Terms of Use, please Contact Us (http://radiopaedia.org/contact)

Privacy Policy

Our commitment to privacy

Your privacy, and that of your patients is very important to Radiopaedia.org. While the purpose of the Platforms is to facilitate the sharing of information and knowledge (including radiographic images, case notes and other content relating to radiology), we keep your personal information safe and secure, and only use it for the purposes described in this privacy policy. We publish this policy explaining our online information practices and the choices you can make about the way your information is collected and used so that you can make an informed decision about using and/or registering for any Platform, and learn how your use and/or registration may affect your privacy.

This privacy policy applies to information collected through the any Platform. By accessing any Platform, you acknowledge and agree to the uses of information described in this privacy policy

The information we collect about you

User Information

User Information is information that is provided by you to us when you register online for any Platform, including your:

  • Username and password
  • Surname
  • First name
  • Position title (professional)
  • Country
  • Email address

Additional information including, but not limited to, your city, institution and qualifications may be collected by us if you elect to enter that information during the registration process or subsequently by editing your Account Settings Page. Information regarding how you interact with the Platforms may also be collected by us and linked to your account, including, but not limited to, the number of cases uploaded, edited or otherwise contributed by you.

IP Address

Every computer connected to the Internet is associated with a unique numerical identifier, known as an Internet Protocol address (IP Address). When you access our services via any Platform, our servers need to know your IP Address, which is sent automatically when information is requested by you (e.g. web page showing a particular patient case contained on the Radiopaedia.org web site).

When logged in to any Platform, we may associate your IP Address with your login. When you are not logged in, we do log your IP Address, but do not automatically link your IP address to any other information that would enable us to identify you. However, if it becomes necessary to enforce compliance with our Terms of Use, or to protect our Platforms, other users or third parties (e.g. patients), we may attempt to use the logged IP address with other information to attempt to identify you. In addition, we use IP Addresses to determine the approximate geographic location of the device you used to access our Platforms.

Usage Data

Usage Data includes general information about how you interact with the web pages and web sites on the Platforms. This is collected using cookies (or similar technologies) placed by us and others (see ‘Who the information is shared with’ below). Cookies are small pieces of data sent from a website and stored in a web browser, and which may assign an anonymous identifier to the user. Usage Data includes:

  • pages you visited on our web sites
  • how you came to the website (e.g. via our newsletter)
  • which particular buttons or links on the site you clicked
  • whether you have been to the site before

The way we use information

User Information

We use your User Information for communicating with you in relation to the Platforms, including contacting you in relation to your contributions, managing newsletter distributions, directly marketing our products to you and notifying you of administrative matters, such as changes to this privacy policy or alterations to the Terms of Use.

If you are a registered user, we also publish your User Information, excluding your email address, on your profile contained within the Platforms. Other users may contact you via a ‘contact user’ link in your profile. However, when this link is activated and a communication window opens, your email address remains hidden to the user.

We may also use your User Information in the ways described below.

Usage Data

We use Usage Data to understand the online behaviour of our users. In particular, using web analytics services on the Platforms enables us to measure, collect, analyse and report on Usage Data for the purposes of understanding and optimising users’ experiences on the Platforms. It also enables us to focus our marketing activities, which, in turn, help us to develop the Platforms.

Geographical location information contained in the Usage Data enables us to tailor your experience on the Platforms by displaying different content based on your location, such as local advertising offers, and content in your local language.

We also use Usage Data for remarketing (sometimes called retargeting) to better target ads to interested users. Retargeting uses cookies to identify users who visit a website showing a particular brand of goods or services and then targets advertisements of that brand to that user on other websites.

Who we share the information with

Usage Data is also either collected directly by, or disclosed to, certain other providers during the course of a session using any Platform for use by those other providers for a range of purposes, including to:

  • distribute direct marketing materials from Radiopaedia (such as via Mailchimp and Customer.io)
  • connect to social networks (such as via links to Twitter, Facebook, Google+ and other platforms within the Platforms)
  • pay commission to our affiliates
  • target advertising

We share User Information when you have opted in to receive direct marketing material (e.g. via Customer.io) and, if you are a registered user, to other users of the Platforms via your user profile.

Information Transferred or Stored Overseas

Many of those other providers are located overseas and Usage Data disclosed to them may be stored on servers located overseas. Similarly, while we operate out of Australia and may store Usage Information and Usage Data on servers located there, some may be stored on servers located overseas and/or managed by third parties. While we endeavour to ensure that those other providers, and any third party server provider used by us, manage any personal information contained in the Usage Data, and any User Information, in substantially the same way as required by the Australian Privacy Principles, we will not be responsible if they fail to do so, nor will we be obliged to take steps to ensure that those other providers comply with the Australian Privacy Principles. By continuing to use the Platforms, you consent to your information being provided to, and used by, other providers (including any third party server provider) located overseas.

For further information about how each of the other providers referred to above handles personal information (which may include your Usage Data and User Information), we recommend that you visit their respective websites and read their respective privacy policies.

A Note on Affiliate Links

Our Platforms contain various affiliate marketing links, which mean that we may be paid commission on sales of the products and services that are listed on those Platforms. These links do not influence the editorial content posted on the Platforms in any way.

When you click on an affiliate link, a cookie is placed to help optimise the affiliate program. Some Usage Data is sent to our affiliate partners.

Anonymity of cases / images

It is a requirement of the Terms of Use that all patient cases uploaded to any Platform by each user are de-identified such that the identity of each patient to whom the content included in the case relates (e.g. radiographic images and case notes) is not reasonably identifiable. If you become aware of any case from which you feel you (as a patient) or another person is reasonably identifiable, please contact us immediately at privacy@radiopaedia.org.

Information which should NOT appear on any patient cases uploaded to any Platform (based on HIPAA guidelines) includes, but is not limited to:

  • name
  • initials
  • date of birth
  • address, including full or partial postal code
  • telephone or fax numbers or contact information
  • e-mail addresses
  • unique identifying numbers (e.g. UR, MRN, HID etc..)
  • vehicle identifiers
  • medical device identifiers (e.g serial numbers)
  • web or internet protocol addresses containing any link to the patient
  • biometric data
  • facial photograph or comparable image
  • names of relatives
  • date of study

Additionally, if a case is, for one reason or another, unique in such a way that could lead to the identification of an individual from the images alone, then it should not be uploaded. This means that a case which has, for example, been featured in the media or shows particularly rare symptoms is usually inappropriate for upload. Similarly, the textual information accompanying the text should also be devoid of identifying information, and devoid of other unnecessary information which could aid in the identification of a patient.

Note: Our privacy policy does not override the individual policies of institutions, and users should ensure that they are using images within their local guidelines.

We take patient privacy very seriously, and failure to abide by these rules a breach of our privacy policy and Terms of Use. If you upload a case containing patient information, or from which a person is otherwise reasonably identifiable, your case will be deleted from the Platforms immediately upon our becoming aware of its existence and we may take such action against you as permitted under the Terms of Use.

Our commitment to data security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How you can access or correct your information or opt out

Online tracking by Us and Third Parties

Please note that we do not respect the Do Not Track setting available in your web browser and that setting will not prevent us from collecting Usage Data or authorising other providers to do so.

Your say and How to ‘Opt out’

You can contact us to request access to the User Information, and any other personal information, that we may hold. We will respond to your request within a reasonable period and provide you with access, except in certain limited circumstances. You may request us to correct any personal information that is not accurate, up-to-date, complete, and relevant or is misleading, and we will change it where reasonable to do so.

For further information about access and correction, or if you have any complaints or concerns about how we manage your User Information or Usage Data, please contact us at the details provided below.

If you no longer wish us to use your User Information, Usage Data or IP Address Details for certain purposes, you can do any or all of the following:

  • opt out of receiving online communications from us by clicking the ‘unsubscribe’ link at the bottom of the newsletter, advertisement or other communication (as applicable)
  • delete existing cookies from your web browser and/or disable cookies on your computer and/or other devices (as appropriate). Depending on the particular browser you are using (e.g. Google Chrome, Safari, Internet Explorer, Mozilla Firefox), this can usually be done on your computer by accessing your ‘Browsing History’ through the ‘Settings’ or ‘Options’ menu (or equivalent) in your web browser, or if you are using a different device, then in the ‘Settings’ for that device. If you do not disable cookies in your web browser, and you subsequently visit our website, fresh cookies are likely to be placed and you may need to repeat the process of deleting existing cookies
  • alter your ad preference settings in each of Google and Facebook, and on the platforms of other providers, if you have access to do so
  • opt out of the collection of Usage Data via any Platform by third parties who are members of the Digital Advertising Alliance or Network Advertising Initiative by visiting http://www.aboutads.info/choices/ and http://www.aboutads.info/PMC or http://www.networkadvertising.org/choices/#completed (respectively) and following the appropriate prompts

If you do opt out of receiving direct marketing materials from us, we will no longer use your information for those purposes, however we may use your information for the limited purpose of contacting you directly in relation to your use of any Platform, or changes to these Terms of Use.

If you disable cookies in your web browser, delete existing cookies, or take other steps to ‘opt out’, the Platforms may not work properly and your experience with the Platforms will be less personalised and may be less enjoyable. Deleting existing cookies from your web browser may also cause it to lose recorded information for other web sites, such as previously used usernames and passwords.

Your withdrawal of consent for us to use your information for certain purposes may mean that we can no longer provide the Platforms to you.

Contact us

Should you have any questions or concerns about this privacy policy, please contact us (preferably by email) at the following addresses: Radiopaedia Australia Pty Ltd, PO Box 555, Fitzroy VIC 3065, Australia or privacy@radiopaedia.org.

Links and Third Party Content

Links to Other Web Sites

The Platforms may (from time to time) contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship (except in the case of "the sponsor” clearly identified) or recommendation by Radiopaedia of or affiliation or association of Radiopaedia with or responsibility of Radiopaedia for the linked Web sites or any content, Platformss or products available on or through such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Links do not imply that Radiopaedia is, or its Associates are, legally authorized to use any trademark, trade name, product name, company name or logo displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, product name, company name or logo of ours or of any Provider.

Users must not post links to other Web sites, except when in the form of a link to a reference textbook or journal in the reference field of articles. Radiopaedia reserves the right to remove, in its absolute discretion, any and all links from any part of any Platform.

Links from Other Web Sites

Radiopaedia must approve all links to the Site in writing, except that Radiopaedia consents to links in which:

  • the link, when activated by a user, displays the Site full-screen and not within a “frame” on the linked Web site, and
  • the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Radiopaedia or its Associates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Radiopaedia or its Associates.

In any event, you agree that Radiopaedia reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which Radiopaedia's consent has been withdrawn.

Third Party Content

The Platforms may (from time to time) contain material, data or information provided, posted or offered by third parties, including advertisements or postings in online community discussions. You agree, to the maximum extent permitted by law, that neither Radiopaedia nor its Associates shall have any liability whatsoever to you for any such third party material, data or information.

Disclaimers and Limitations of Liability

General Disclaimer

THE PLATFORMS, INCLUDING THE IMAGE AND TEXT CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE TERMS OF USE, INCLUDING THE "MEDICAL DISCLAIMER", AND ANY OTHER CONDITIONS BROUGHT TO YOUR ATTENTION IN THE COURSE OF YOUR ACCESS TO, OR USE OF, ANY PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT:

  1. YOUR USE OF ANY PLATFORM IS AT YOUR SOLE RISK;
  2. EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING, RADIOPAEDIA AND ITS ASSOCIATES EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE USE OF THE PLATFORMS;
  3. WITHOUT LIMITING THE FOREGOING, RADIOPAEDIA AND ITS ASSOCIATES ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTY OR REPRESENTATION:
    • as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of any Platform (including any advice, opinion, statement or other content or any products or services distributed or made available by third parties through any Platform);
    • that confidentiality of information transmitted through any Platform will be maintained;
    • that any Platform will be of merchantable quality, fit for a particular purpose or meet your requirements;
    • that any access to, or use of, any Platform will:
    • not infringe any rights (including intellectual property rights) of any third party; or
    • be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system;
    • be uninterrupted or error free or;
  4. YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE FROM ANY PLATFORM IS FREE OF DEFECTS, VIRUSES OR ANYTHING ELSE (SUCH AS WORMS OR TROJAN HORSES) THAT MAY INTERFERE WITH OR DAMAGE THE OPERATIONS OF A COMPUTER SYSTEM; and
  5. RADIOPAEDIA AND ITS ASSOCIATES ARE NOT LIABLE TO YOU OR ANYONE ELSE IF INTERFERENCE WITH OR DAMAGE TO YOUR COMPUTER SYSTEM OCCURS IN CONNECTION WITH YOUR USE OF ANY PLATFORM

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH YOUR USE OF ANY PLATFORM, OR OTHERWISE FROM RADIOPAEDIA OR ITS ASSOCIATES, CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. YOU ACKNOWLEDGE THAT RADIOPAEDIA DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY PLATFORM.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING SENTENCE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF RADIOPAEDIA AND ITS ASSOCIATES TO YOU IN CONNECTION WITH THESE TERMS OF USE EXCEED AU$500. WHERE ANY LEGISLATION IMPLIES IN THE AGREEMENT ANY TERM, CONDITION OR WARRANTY, AND ALSO RENDERS VOID ANY PROVISION IN A CONTRACT WHICH PURPORTS TO EXCLUDE OR MODIFY THE APPLICATION OR EXERCISE OF, OR LIABILITY UNDER, SUCH TERM, CONDITION OR WARRANTY, SUCH TERM, CONDITION OR WARRANTY WILL BE DEEMED TO BE INCLUDED IN THESE TERMS OF USE. HOWEVER, THE AGGREGATE LIABILITY OF RADIOPAEDIA AND ITS ASSOCIATES FOR ANY BREACH OF SUCH TERM, CONDITION OR WARRANTY WILL BE LIMITED, AT RADIOPAEDIA'S OPTION, TO ANY ONE OR MORE OF THE FOLLOWING:

  1. if the breach relates to goods
    1. the replacement of the goods or supply of equivalent goods;
    2. the repair of such goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired; and
  2. if the breach relates to services:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.

TO THE MAXIMUM EXTENT PERMITTED BY LAW RADIOPAEDIA AND ITS ASSOCIATES EXCLUDE ALL LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE OF ANY KIND (HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE) ARISING FROM OR RELATING IN ANY WAY TO ANY ACCESS TO OR USE OF ANY PLATFORM (INCLUDING LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR COSTS OF REPLACEMENT GOODS, OR OTHERWISE, EVEN IF SAME HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES).

Indemnity

YOU MUST INDEMNIFY AND KEEP INDEMNIFIED RADIOPAEDIA AND ITS ASSOCIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, COSTS, EXPENSES (INCLUDING INVESTIGATIVE COSTS, COURT COSTS, LEGAL FEES, PENALTIES, FINES AND INTEREST) AND DAMAGES OF ANY KIND (INCLUDING THOSE WHICH ARE PROSPECTIVE OR CONTINGENT) WHATSOEVER AND HOWSOEVER, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY PLATFORM, INCLUDING LIABILITY ARISING IN CONNECTION WITH YOUR BREACH OF THESE TERMS.

Termination

Radiopaedia may, as it sees fit, for any reason or no reason at all, without liability to you or any third party, terminate your account or your access to the Web Platform and if you fail to comply with these Terms of Use, Radiopaedia may terminate your account or your access to any App Platform. If we exercise any such termination right we will send an e-mail to the e-mail address recorded on your Account Settings Page and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).

You may terminate your account for any reason at any time by sending an email clearly requesting that your account be terminated to general@radiopaedia.org and we will implement your request promptly.

If your account is terminated, we may, as we see fit, delete any content relating to your use of any Platform on our servers or otherwise in our possession. Immediately upon termination, either by you or us, of your account you will no longer be permitted to use any Registration Features on that Platform. You may continue to browse content on the Web Platform but your continued browsing will be deemed to be continued acceptance of these Terms of Use.

Governing Law; Venue and Jurisdiction
Applicable Law

These Terms of Use shall be governed by the laws of the State of Victoria, Australia.

Competent Jurisdiction

In the absence of mutual agreement, any dispute arising from the interpretation and/or performance of the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent Courts of the State of Victoria, Australia.

Effective Date, Amendment and Severability

These Terms of Use are effective as of 27 August 2015. Radiopaedia may from time to time revise these Terms of Use (including the Privacy Policy) by updating this posting. Where required by law, and provided you have registered with the site, we will send you an e-mail notifying any material changes and if you subscribe for email updates (at the end of this document) we will endeavour to notify you of all changes. Your continued use of any Platform after any such updating means you accept such revisions and any changes to the Privacy Policy will apply both to User Information and Usage Data we already have about you at the time of the change, and any such information created or received after the change takes effect. If you do not agree to any changes, you must not continue to use any Platform.

If any provision of these Terms of Use are held unenforceable, the remaining portions shall remain in full force and effect.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and Radiopaedia regarding the Platforms, and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter.

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