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Terms of Use

By using and/or visiting this WEBSITE (which collectively includes www.theMDTV.org,  "MDTV",  www.clinicaltrialresults.org, www.perfuse.org or www.timi.org , The Opensource Journal of Medicine and its affiliated family of Open Source Journals which are all hereafter collectively referred to as the “WEBSITE” or ‘’website’’), you signify your agreement to these terms and conditions (hereafter referred to as the "Terms of Service").  If you do not agree to any of these terms, please do not use the WEBSITE. The WEBSITE may or may not attempt to notify you if and when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the terms of use. The WEBSITE may, at its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications.  Throughout the terms of use, the word “Media” includes but is not limited to slides, still or moving pictures/images, software, animation, video, television, flash files, audio files, banners, text, and documents. 
THE WEBSITE MAKES NO GUARANTEE OF VALIDITY.
THE WEBSITE IS NOT A LICENSED HEALTH CARE PROVIDER, NOR IS IT A SUITABLE REPLACEMENT FOR A LICENSED HEALTHCARE PROVIDER. SEE YOUR DOCTOR.
THE WEBSITE IS INTENDED TO BE AN EDUCATIONAL TOOL, NOT A TOOL FOR ANY FORM OF HEALTHCARE DELIVERY.
THE WEBSITE DOES NOT SUPPORT OFF LABEL USE OF PHARMACEUTICALS OR DEVICES. PLEASE REFER TO THE INSTRUCTIONS FOR USE OR PRODUCT LABEL FOR PRESCRIBING INFORMATION.
DO NOT SUBMIT COPYRIGHTED MATERIALS. IF YOU SUBMIT A GRAPH, MAKE SURE IT IS ORIGINAL AND NOT A .JPG OR .GIF CUT AND PASTE FROM AN ARTICLE.
DO NOT COMMITT A HIPAA VIOLATION! MAKE SURE ALL IDENTIFYING INFORMATION IS STRIPPED FROM ANY MEDIA!

1.Overview of Terms of Use

You can view the media on the site. As an individual, you can also download the media and present the information contained in the media. Stated simply, you can use the slides and video here to give a talk.  In doing so, you agree to the following terms of use.

While the WEBSITE strives to have the most up to date and accurate data, you agree to consult published medical literature or the package insert for official trial results, dosing information or instructions for use of drugs and devices. Off label use of drugs and devices is not encouraged.  These media present data to support the rationale for the use of a variety of pharmacologic agents and devices in both approved and non-approved indications.  Actual prescribing information is by intent minimal or completely lacking. These media have been prepared for scientific educational purposes, and cannot be considered an inducement to use any drug or device in non-registered indications. The site does not recommend the use of any drug or device in any manner inconsistent with that described in the full prescribing information.

You assume sole responsibility for the accuracy of the information and its utilization.  You agree to hold the WEBSITE free of responsibility and/or liability for potential damages or injury to persons or property as a matter of products liability, defamation, negligence or otherwise from any use or operation of any methods, products, instructions or ideas contained in the material herein.

The views expressed in the media are those of the individuals who contributed the materials and do not necessarily reflect the views of the editorial staff or organization.  Inclusion of materials in media does not constitute a guarantee or endorsement of the organization of the quality or the value of the product or the claim made by any manufacturer.  Statements contained in the media are those of the authors.

The WEBSITE is a free educational service to the healthcare community. All media on this server are made public by the author(s) who created the media. The media are in the public domain and may be downloaded and used freely for personal, research, scientific, and / or information purposes only.

Copying or reproduction of the media to any other server or location for further reproduction or redistribution, other than for personal, research, scientific, and/or information purposes only, is expressly prohibited. If you would like to distribute materials on an alternate WEBSITE, please contact us. 
Media from this WEBSITE are for informational and non-commercial or personal use only and cannot be copied or posted on any network computer or broadcast in any media. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

THESE MEDIA ARE NOT TO BE PLACED IN COMMERCIAL PHARMACEUTICAL / DEVICE COMPANY SLIDESETS WITHOUT THE EXPRESS PERMISSION OF THE WEBSITE. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW.

Components of the WEBSITE are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, media, sound or image may be copied or retransmitted unless expressly permitted by the WEBSITE.

2. WARRANTY and LIMITATIONS: 
2.1. You understand and agree that the WEBSITE is provided on an "AS IS" and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose. 
2.2. The use of information on the WEBSITE is at your own risk. 
2.3. Access to the WEBSITE may be interrupted and may not be error free. 
2.4. Neither the WEBSITE, nor anyone else involved in creating, producing or delivering the WEBSITE or the materials contained therein, shall be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use or inability to use the WEBSITE. You understand and agree that any material or data obtained through use of the WEBSITE is at your own discretion and risk and that you will be solely responsible for any resulting damage to your computer system or loss of data.

3. INDEMNIFICATION: 
A. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBSITE, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

B. As the end user, YOU SPECIFICALLY ACKNOWLEDGE THAT WEBSITE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU and not with the WEBSITE.

C. IN NO EVENT SHALL WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

D. YOU  AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE BY YOU MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

4. DISCLAIMER: 
In view of the possibility of human error by the authors, editors, or publishers of the works contained in the WEBSITE, neither the WEBSITE, nor any other party involved in the preparation of this work, warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such. Readers are encouraged to confirm the information contained herein with other sources. Patients and consumers reading articles posted on the WEBSITE should review the information carefully with their professional healthcare provider. The information is not intended to replace medical advice offered by physicians. The WEBSITE makes no representations or warranties with respect to any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the WEBSITE. The WEBSITE is not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising there from. 
 The sponsors and advertisers who purchase Banner Links on the WEBSITE have no influence on editorial content or presentation. Moreover, the posting of particular Banner Link does not imply endorsement by the WEBSITE or its Editors.

5. NOTICE:
While care has been taken to confirm the accuracy of the information presented and to describe generally accepted practices, the Editors and their agents, and the contributors to the WEBSITE are not responsible for errors or omissions or for any consequences from application of the information herein and make no warranty, expressed or implied, with respect to the currency, completeness, or accuracy of the contents of the publication or any of the Services. Application of this information in a particular situation remains the professional responsibility of the practitioner.
Some information on drugs and medical devices presented in this WEBSITE may be investigational and/or approved for limited use. It is the responsibility of health care providers to ascertain the status of each drug or device planned for use in their clinical practice.

6. SUPPORT:
 Neither the Editors and their agents, nor the contributors to the WEBSITE shall have any obligation to provide you with any maintenance or support relating the WEBSITE.

7. POPRIETARY RIGHTS TO CONTENT: 
You acknowledge and agree that the WEBSITE and any necessary software used in connection with the WEBSITE, including, without limitation, text, software, sound, photographs, video, graphics or other material contained in or presented to you as part of the WEBSITE ("Content"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, reproduce, distribute or create derivative works based on the WEBSITE or the Content, in whole or in part. MDTV and Clinical Trial Results are protected by both copyright laws and trademark laws.

8. LINKING TO THE WEBSITE: 
You may have a simple link from your WEBSITE to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You acknowledge and agree not to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.

9. INFORMATION THAT YOU PUT ON THE WEB SITE 
When you place materials or information on the WEBSITE that are available publicly, you give the WEBSITE an irrevocable, perpetual license to use that information. This right may be transferred to any successor to the WEBSITE, and this clause has right of survival with respect to a successor. For example, we have the right to display a comment that you post on one of our discussion boards for as long as we want. We will consider requests to remove information that you make publicly available on our Web sites on an individual basis. 
You are prohibited from posting any media with misleading, false, or inappropriate language or statements. We reserve the right to remove any offensive or fraudulent content at any time without your consent. We reserve the right to not post content for any reason at any time.

10. GOVERNING LAW; JURISDICTION; STATUTE OF LIMITATIONS:
This agreement shall be governed by the laws of the state of Massachusetts applicable to agreements wholly made and performed in Massachusetts. In the event that you believe you have been irreparably harmed by any cause of action relating to the WEBSITE, you agree to inform the WEBSITE in writing and grant the WEBSITE thirty (30) days to cure the harm before initiating any action. Any legal action, suit or proceeding arising out of or relating to this agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Boston MA, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within 6 months after the claim or cause of action has arisen or be barred. The WEBSITE is owned and managed by PIXCELLA  LLC.  All correspondence should be addressed to PIXCELLA LLC, One Carter Drive, Natick MA 01760.

11. COMMERCIAL SUPPORT POLICY
The WEBSITE has adapted the following modified E-Commerce Principles that have been approved by the American College of Cardiology on its WEBSITE (www.cardiosource.com, not affiliated with the WEBSITE, but an independent site that the WEBSITE has engaged in collaborative activities with in the past) to ensure adherence to the highest ethical standards of advertising and to determine the eligibility of products and services for commercial support on the WEBSITE. The WEBSITE will accept commercial support from industry in the form of advertising and grants as described in these Commercial Partnership Principles.
Definition of terms:
Advertising refers to the purchase of advertisements and/or name placement and/or logo placement on individual pages or entire sections of the WEBSITE.  These advertisements, names, and/or logos are linked to the supporter’s corporate, product, or educational sites as allowed by the Advertising Guidelines (see below). 
Grant Support refers to unrestricted financial support from third party commercial organizations for the WEBSITE where recognition is provided site-wide or to fund unique projects.  The supporter’s logo may be used, and the supporter’s corporate or educational site may be linked to from the WEBSITE as allowed by the Grant Support Guidelines (see below). 
To maintain the integrity of the WEBSITE, commercial acknowledgements do not influence editorial decisions or editorial content. The WEBSITE will sell advertising space and acknowledge supporters on its site when the inclusion of advertising does not interfere with the mission or objectives of the WEBSITE. The appearance of any commercial advertising or support on the WEBSITE is neither a guarantee nor an endorsement by the WEBSITE of the product, service, or company or the claims made for the product. The fact that an advertisement for a product, service, or company has appeared on the WEBSITE shall not be referred to in collateral promotions on the part of the sponsor.  The WEBSITE will make every effort to publish advertisements or grant support from a wide number and variety of companies. Advertising and support copy and placement shall be reviewed by the Managing Editor for adherence to the guidelines listed below.  Final authority for approval of advertising and support shall reside with the Editor in Chief of the WEBSITE.
The WEBSITE may negotiate with a third-party vendor to sell and manage advertising, name and logo placements, and/or to sell and manage grant support.  The WEBSITE, however, shall have sole discretion for determining the types of commercial arrangements and acknowledgements that will be accepted and displayed. The WEBSITE reserves all rights to reject or discontinue advertisements or sponsorships of any kind.
Advertising Guidelines
Guidelines specific to advertising on The WEBSITE follow:
1. The WEBSITE will have sole discretion for determining the types of advertising that will be accepted and displayed.
2. Advertisements may appear as fixed banners, sound or as rotating advertisements.
3. Advertisements will be distinguishable from editorial content.  
4. There will be no advertising of any type within the educational content of CME activities on the site.
5. The WEBSITE, in its sole discretion, retains the right to decline any submitted advertisement or to discontinue posting of any advertisement previously accepted.
6. The WEBSITE will not accept advertisements that, in the sole opinion of the WEBSITE, make unsubstantiated claims of therapeutic benefit for a particular product(s).  The WEBSITE may require an advertiser to provide valid, reliable scientific data to support any claims made in the advertisement.  In addition, the WEBSITE will not accept advertising in any form for any products or services known to be harmful to health (e.g., tobacco products).
7. The WEBSITE reserves the right to reject advertising for products considered to be in direct competition to the WEBSITE.
8. The WEBSITE reserves the right to not link to or to remove links to other Web sites.
9. Advertisements on The WEBSITE may link off-site to a commercial Web site. The WEBSITE does not vouch for or assume responsibility for any material contained on the Web site to which it links.  A buffer page may be inserted which may display language such as the following statement:
       “You are leaving The WEBSITE. If you wish to link to a Web site maintained by [company name], please click below. If you do not wish to leave the WEBSITE, please click the ‘back’ button of your browser to return to the site. The WEBSITE does not assume responsibility for content of other Web sites.”
Grant Support Guidelines
Guidelines specific to grants for the WEBSITE follow:
1.   All financial or material support for electronic collections of articles, the WEBSITE content, and other types of online products will be acknowledged and clearly indicated on designated screens or via a link from the designated screen(s).
2.   Acknowledgment of support may appear on the the WEBSITE home page, on any packaging and derivative material included (e.g., CD-ROM case and companion print insert), and on any print or electronic materials used to publicize the online product.  Content accessed through the site that does not reside on the site (e.g., abstract or articles from another site) will not include sponsorship information.  These acknowledgments will not make any claim for any supporting company product(s). The WEBSITE will determine the final wording and positioning of the acknowledgment.
3.   The acknowledgment of companies and products may be linked to an on-site "About [Company]" page or may link to the company's Web site. The "About [Company]" page may be linked to other on-site pages provided by the supporting company. These pages will be readily distinguishable from editorial content and must be clearly labeled as provided by the supporting company. Other disclosures may be required, as deemed necessary by the WEBSITE.
4.   Acknowledgement of support may link off-site to a commercial Web site. The WEBSITE does not vouch for or assume responsibility for any material contained on the Web site to which it links. A buffer page may display a statement similar to the following:
      “You are leaving The WEBSITE. If you wish to link to a Web site maintained by [company name], please click below. If you do not wish to leave The WEBSITE, please click the ‘back’ button of your browser to return to the site. The WEBSITE does not assume responsibility for content of other Web sites.”
5.   The WEBSITE and logos of journals and other products accessible through the WEBSITE may not appear on the sponsoring company Web site as a logo or in any other form without prior written approval of the WEBSITE or by the individuals responsible for the particular service line on the WEBSITE.		
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2.LINKS TO THIRD PARTY SITES: 
 The Editors and their agents, and the contributors to the WEBSITE may provide, or third parties may provide, links to other World Wide Web sites or resources. The Editors and their agents, and the contributors to the WEBSITE do not endorse and are not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that they shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.

12. WEBSITE ACCOUNTS 
A. In order to access some features of the WEBSITE, you may at times be requested to create a WEBSITE account. You may never use another's account without permission. When creating your account, you must provide both accurate as well as complete information. You alone are responsible for the activity that occurs on behalf of your account. In agreeing to the terms of use, you agree to keep your account password secure. You are required to notify the WEBSITE immediately of any breach of security or unauthorized use of your account. This is for your protection as well as the protection of the WEBSITE.
B. The WEBSITE will not be liable for your losses caused by any unauthorized use of your account
C. However you will be liable for the losses of WEBSITE or others due to unauthorized use of your account.

13. RESTRICTIONS REGARDING UTILIZATION OF THE WEBSITE’S TECHNOLOGY
Language in this section describes legal protections and remedies regarding our proprietary embedded medical media player technology.

A. IN USING OR VIEWING THE WEBSITE, YOU AGREE NOT TO ALTER OR MODIFY THE WEBSITE'S PROPRIETARY EMBEDDABLE MEDICAL MEDIA PLAYER OR ANY OF ITS RELATED TECHNOLOGIES.
B. You agree to use the embedded video player that is provided and you agree not to access User Submissions (defined below) or WEBSITE Content through any technology or means other than the video playback pages of the WEBSITE itself, the WEBSITE Embeddable Player, or other explicitly authorized means WEBSITE may designate. 
C. You agree not to use the WEBSITE for commercial use.  This policy extends to the use of the WEBSITE Embeddable Player. If you would like to license our technology or media, please contact us for written authorization of the WEBSITE. 
D. The WEBSITE supports a free and open access to medical information. Consistent with our support of a free and open source policy, it is not the intent of the WEBSITE to provide free content to those who restrict access to and profit from medical education content.  Examples of entities that restrict free access to content and profit from medical education content include subscription journals and professional societies.
A list of prohibited commercial activities include but are not limited to the following actions taken without WEBSITE's express approval:
• Selling access to this WEBSITE
• Selling access to enter your website so that people can access media on this WEBSITE. An example would include requiring someone purchase a membership or dues to receive a journal or be a member of a professional society so that they in turn can access our site or receive media content distributed from our WEBSITE.
• Selling media content from the WEBSITE on another internet site
• Selling the PROPRIETARY EMBEDDABLE MEDICAL PLAYER
• You cannot use of this WEBSITE, its media or its PROPRIETARY MEDICAL MEDIA PLAYER for the primary purpose of gaining advertising, membership or subscription revenue
 • If you are an entity that sells advertising, sells memberships, sells subscriptions or in any way profits from medical or healthcare educational content, you are prohibited from putting our free content on your site.
• Any other use of the WEBSITE’s media or its PROPRIETARY EMBEDDABLE MEDICAL MEDIA PLAYER that WEBSITE finds at its sole discretion as competing with or displacing the market for WEBSITE content shall be considered a commercial use.
• If you are unsure of whether your use of our WEBSITE constitutes commercial use, please contact us.

D. If you request and are permitted to use the WEBSITE’s PROPRIETARY MEDICAL MEDIA PLAYER on your site, you must include a prominent link back to the WEBSITE on the pages containing the PROPRIETARY MEDICAL MEDIA PLAYER . You may not modify, build upon, rename, alter, mask, conceal or block any portion of the PROPRIETARY MEDICAL MEDIA PLAYER. 
E. If you use the WEBSITE Uploader, you understand and agree that it may automatically download and install updates from time to time from our WEBSITE. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functionality, and new software releases. As an end user, you agree to receive and install such updates (and allow our WEBSITE to provide these to you) as part of your use of the Uploader.

14.  Terms Governing Your Use of Content on the Site
A. The software and media content on the WEBSITE, including without limitation, the text, software, scripts, graphics, photos, sounds, music, slides, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WEBSITE, subject to copyright and other intellectual property rights under the law.
You may access User Submissions solely for your information and personal use and not for redistribution
B. User Comments are displayed "as is" and are the responsibility of the User who provided them. User Comments may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or downloaded. They can be quoted with attribution to our WEBSITE.
C. You agree to not engage in the use, copying, or distribution of any of the media or software contents other than in the fashion permitted in the terms of use, including distribution of User Submissions to other sites for any commercial purposes. 
D. You agree not to disable, circumvent, or interfere with security features of the WEBSITE or features that prevent or restrict use or copying of any Content.
E. The WEBSITE is not responsible for the validity (accuracy, safety, or intellectual property rights) of User Submissions. 
F. You understand and agree to the fact that you may be exposed to User Submissions that are unbalanced, potentially unsafe, inaccurate, defamatory, offensive, indecent, or objectionable. You agree to waive any legal remedies against the WEBSITE, and you agree to indemnify and hold WEBSITE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. USE OF BOTS. So as to prevent the site from sustaining a “denial of service attack”, you agree not to utilize any automated system, including without limitation, “BOTS”, "robots," "spiders," or "offline readers," that rapidly and repeatedly accesses the WEBSITE in a manner that sends more requests to the WEBSITE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  However, notwithstanding the above, the WEBSITE grants public search engines permission to use “bots” and “spiders” to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the media. Caches and archives of the media are not permitted. The WEBSITE at its sole discretion at any time reserves the right to revoke the indexing of the site either in general or in specific cases. 
H. YOU AGREE NOT TO COLLECT PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING ACCOUNT NAMES, FROM THE WEBSITE
I. YOU AGREE NOT TO USE THE WEBSITE (E.G. COMMENTS, EMAIL) TO ENGAGE IN ANY COMMERCIAL SOLICITATION.

15. TERMS GOVERNING YOUR “USER SUBMISSIONS” TO THE WEBSITE
A. Any WEBSITE account holder may submit media. “User Media” (e.g. video, slides etc.) and “User Comments” are together  referred to as "User Submissions." 
B. WEBSITE makes no guarantee of anonymity or confidentiality with respect to any User Submissions (people know who submitted media and comments).
C. You are solely responsible for your own User Submissions and the consequences of posting them. 
D. IN MAKING YOUR USER SUBMISSIONS, YOU ARE ATTEST TO THE FACT THAT YOU EITHER OWN OR HAVE THE NECESSARY 1) LICENSES, 2) RIGHTS, 3) CONSENTS, AND 4) PERMISSIONS TO USE AND AUTHORIZE WEBSITE TO USE ALL PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS. YOU AFFIRM THAT YOU ARE NOT COMMITTING A COPYRIGHT VIOLATION. 
E. YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. HOWEVER, BY SUBMITTING MEDIA TO THE WEBSITE, YOU HEREBY GRANT WEBSITE A WORLDWIDE, IRREVOCABLE (INCLUDING RIGHT OF SURVIVAL) NON-EXCLUSIVE, ROYALTY-FREE, SUBLICENSEABLE AND TRANSFERABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS IN CONNECTION WITH THE WEBSITE AND WEBSITE'S (AND ITS SUCCESSORS' AND AFFILIATES') BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE WEBSITE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. YOU ALSO HEREBY GRANT EACH USER OF THE WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSIONS THROUGH THE WEBSITE, AND TO USE, REPRODUCE, DISTRIBUTE, DISPLAY AND PERFORM SUCH USER SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITE AND UNDER THESE TERMS OF SERVICE. 
F. Any opinion, recommendation, or advice appearing on the WEBSITE is that of the User Submitter and not the WEBSITE.  The WEBSITE has no liability in connection with User Submissions. 
G. The WEBSITE does not promote copyright infringement or infringement of intellectual property rights on its WEBSITE. The WEBSITE cannot independently verify the copyright status of submission. The WEBSITE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights and if this claim can be verified. WEBSITE reserves the right to remove Content and User Submissions without prior notice and without their permission, at any time for any reason. 
H. Journal of the American Medical Association (JAMA) does not support the open source dissemination of material from its site, and does not permit redistribution of slides or figures from its Journal.

16. ACCOUNT TERMINATION POLICY
A. WEBSITE may at its sole discretion choose to exclude any end user or group of end users from participating in the site at any time for any reason without prior notice.
B. WEBSITE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement (which WEBSITE cannot police), such as, but not limited to, pornography, obscene or defamatory material, promotion of patently dangerous remedies or procedures, excessive or patently false commercial claims, or excessive length.

17. DIGITAL MILLENNIUM COPYRIGHT ACT
The WEBSITE supports the standards set forth in the Digital Millennium copyright act, the standard language of which is found below:
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
WEBSITE's designated Copyright Agent to receive notifications of claimed infringement is: 
Susan J. Marble, 1 Carter Drive Natick MA, 01760.
Email: copyright@clinicaltrialresults.org
Phone: 508-816-1498
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: 
• Your physical or electronic signature; 
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston Massachussetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 
If a counter-notice is received by the Copyright Agent, the WEBSITE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WEBSITE's sole discretion.

18. ABILITY TO ACCEPT TERMS OF SERVICE
In agreeing to these terms of use, you are indicating that you are either: 1) more than 18 years of age, or 2) an emancipated minor, or 3) possess legal parental or guardian consent, and are 4) legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. The WEBSITE is not intended for use by children under age 13.

19. ASSIGNMENT OF TERMS OF USE
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you. These terms may however be assigned by WEBSITE to another entity without restriction.

20. TERMINATION OF SITE FUNCTIONS
WEBSITE reserves the right to discontinue any aspect of the WEBSITE at any time for any reason at its sole discretion.

21. ENTIRE AGREEMENT
The content contained herein and legal notices published by WEBSITE on the WEBSITE, shall constitute the entire agreement between you and WEBSITE concerning the WEBSITE. Should any single provision of these Terms of Service be deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. If you are provided a waiver regarding any single term, this  shall not be construed as a waiver regarding any other term. WEBSITE reserves the right to amend these Terms of Service at its sole discretion at any time and without notice. It is the end users responsibility to review these Terms of Service for any changes. Your use of the WEBSITE following any amendment of these Terms of Service will signify your acceptance of its revised terms.

October 28, 2007

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