Condiciones de Uso Caselink
TERMS OF USE
Welcome to CaseLink App. CaseLink is an online community designed by Boston Scientific Corporation (“we” or “us”, or “BSC”, or “Boston Scientific”) to facilitate peer-to-peer interaction and information exchange between physicians (“Users” or “you”) through the sharing of clinical cases, articles, and data in the field of Medicine (the “App” or “Caselink”). Please carefully review these Terms of Use (“Terms”). Your use of this App constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the App. We may make changes to these Terms, which will not apply retroactively. They will be posted to this page and will become effective immediately upon our notice to you that new terms are available and applicable. If you do not agree with an updated provision you must immediately cease the use of the App and deregister.
1. Users
This App is solely intended for use in a professional context and contains information intended only for medical professionals. It is expressly not intended for the use by consumers. Accordingly, we reserve the right to limit access to the App or certain areas of the App to medical professionals who register and meet the qualifications defined by us. We reserve the right to refuse access at our own discretion if we have doubts about your professional status or the qualifications. To register, a medical professional must provide us with certain personal information, including his or her name, profession, email address, title and clinical affiliation, clinical or medical identifier as it may be applicable. If you do not qualify, please do not attempt to register with us. The information you provide must be accurate and complete, and it is your responsibility to update your profile with the most accurate information. We reserve the right to discontinue access to any restricted area of the App at any time, without notice to you, for any reason. If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify us. The personal information provided by you is subject to our Privacy Policy.
2. License
If you accept these Terms, we grant you a worldwide, royalty-free, non-assignable and nonexclusive license to use the App solely for the purpose as stated in, and in the manner expressly permitted by, these Terms. The App and its content are protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the Boston Scientific name or any of its trademarks or logos. All right, title, and interest in and to the App including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the App and/or in commercially produced information presented to you through the App by BSC, its affiliates, its subsidiaries and/or BSC's third party licensors (excluding your, and other User’s content) is protected by copyright, patents or other proprietary agreements and laws, and you are only permitted to use this content as expressly authorized by BSC, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the App or the Content (other than yours and other User’s content) to you.
You may download, view, copy and print App Content other than Yours, subject to the following:
(a) solely for personal, informational, or internal business purposes;
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
(c) Content may not be modified or altered in any way; and
(d) no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics or distribute any App content or information from the App in whole or in part without the express permission of BSC or the applicable User or owner as applicable. Any rights not expressly granted herein are reserved. Please be advised that BSC enforces its intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for companies other than BSC may be mentioned in the App for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where BSC is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
3. Content
You are responsible for your use of the App and for any information, material or content you display, submit or upload, including its compliance with applicable laws and regulations. You warrant that you have all rights, licenses and consents required to submit your content in the context of your use of the App and as required by these Terms. You must ensure that the content will not contain material subject to any withstanding copyright or other proprietary rights. We reserve the right to monitor in any way we deem appropriate any content and remove at our own discretion content that we consider inappropriate, inadequate unlawful or otherwise objectionable, or violating a provision of these Terms or the right of any third party.This includes, but is not limited to, content that is abusive, threatening, offensive, defamatory, sexist, racist or obscene, fraudulent, deceptive, or misleading, in violation of a copyright, trademark or other intellectual property rights of another, or otherwise unacceptable to BSC in its sole discretion.
Harassment in any manner or form and impersonation of others on the App, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the App any content which may constitute or is intended to promote or encourage a criminal offense or violence.
4. Rights pertaining to Content
You fully retain your rights to any content that you upload, submit or otherwise display in the App. But by uploading, submitting or otherwise displaying content on or through the App, you grant us a worldwide, non-exclusive, royalty-free license to display, use, copy, reproduce, process, modify and distribute the content in any and all media or distribution methods (now known or later developed). The purpose of this App is to facilitate interaction and information exchange, therefore we will make your content available to others on the App and grant third parties the right to do the same, including distribution, or publication on other media and services, subject to the restrictions set forth above in Section 2. The App integrates sharing options for content with other social media Apps. In this context, you expressly grant us and others the right to redistribute your content or parts thereof on or through third-party applications and Apps (e.g. social media like Twitter, Facebook, LinkedIn or others). Except to the extent required by applicable law, we are not responsible for these other Apps and apps and the terms and conditions pertaining to the relevant App or application will apply to the content.
5. Modifications to App
We reserve the right to modify or discontinue the App (or any portion of the App), temporarily or permanently, with or without notice to you, and we are not obliged to support or update the App. We are not liable to you or any third party if we exercise our right to modify or discontinue the App (or any portion of the App). Unless explicitly stated otherwise, any new features that augment or enhance the current App will be subject to these Terms.
6. No Medical Advice
We disclaim expressly any responsibility for any content submitted by the App’s Users or the accuracy or correctness of the information contained in the content. The information on this App is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice or training. If you consider to undertake a procedure, do not rely on information on the App for any treatment of patients and only attempt a treatment or procedure if you are sufficiently experienced and/or informed through independent resources or training. If we include certain information, reference guides and databases on the App intended for use by licensed medical professionals, these elements are equally not intended to give professional medical advice. You must always exercise your own clinical judgment for any given situation.
7. No Advertisement
You must not directly or indirectly use the App for the purpose of advertising or sale of any products or services or otherwise use the App to engage in any form of commercial advertising. Specifically, you may not display brands or trademarks or distribute marketing material on products or services or solicit customers for these products or services.
8. No Endorsement
If any User submitted content should contain recognizable branded products or services, we do not endorse any such product, brand or statement related to products. The content and any related statements are the User’s exclusive opinion and responsibility.
9. User Feedback
We are pleased to hear from visitors and welcome your comments regarding the App. Please be advised, however, that we do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to us. If, despite this request, you still send us your ideas and materials, please understand that you assign us, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information you submit.
10. Warranty Disclaimer
THE APP AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOFITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY. WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS AND THE APP WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
THE USE OF ANY CONTENT MATERIAL OR INFORMATION OBTAINED THROUGH THE APP IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY. WE HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BSC OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USAGE OF THIS APP MEANS THAT YOU AGREE WITH THESE TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE, THEN DO NOT USE THIS APP.
11. Limitation of Liability
WE DO NOT ACCEPT, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND LOSSES, INCLUDING THE LOSS OF PROFIT, REVENUE, CONTENT OR DATA, OR THE INTERRUPTION OF YOUR USE OF THE APP, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE APP, EVEN IF BSC WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
12. No Resale of the App
Your right to use the App is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the App or any Content, without our express written consent.
13. Privacy Policy
We will treat any personally identifiable information submitted to the App, in accordance with the terms of our Privacy Policy
14. Indemnity
You agree to indemnify, defend and hold us, our parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the App, the material, content or information you upload or your violation of these Terms.
15. Off-label content
The sharing of off-label uses of Boston Scientific or third-party products or therapies is not endorsed or promoted by us.
16. Protected Health Information
You must not share any protected health information or any information or material relating directly or indirectly to an identifiable third-party individual, including patients, within the community.
17. Disclosure
We could compensated select Users in a given timeframe, for their time spent sharing case presentations and facilitating discussions within CaseLink.
18. General
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Our failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches. We may assign our rights and duties under these Terms without notice to you. You may not assign these Terms without our prior written consent. We are entitled to use third parties to host, maintain, develop and monitor the App and the use of the App by its Users.
These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by us on the App, and any modifications to the foregoing, constitute the entire agreement between you and us with regard to the subject matter here of and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
20. Acknowledgment
By accessing this App or registering with CaseLink, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
21. Contact Information
If you have any questions or complaints regarding these Terms or the App, please contact BSC at admin@CaselinkApp.com
22. CODE OF CONDUCT
As a condition of your access to CaseLink, you agree, to strictly observe the following rules:
You are committed to the following:
· Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, any other applicable regulations, ethical requirements, diagnostic-therapeutic and medical-legal requirements
· Review our notices and adhere to our requests related to your use of the App;
· Use the services in an ethical and professional manner;
· Use your real name on your profile and post accurate, current, appropriate and complete information in the designated fields on the profile form.
You will not do the following:
· Act dishonestly or in an unprofessional or publishing inappropriate, insulting, inaccurate, illegal, defamatory, abusive, obscene, discriminatory or otherwise questionable content on CaseLink;
· Create a Member profile for anyone other than a natural person;
· Use or attempt to use someone else's account or create a false identity on CaseLink;
· Share your account with others;
· Misrepresent your identity, including but not limited to using a pseudonym, or misrepresent your current or former roles and qualifications or your affiliations with a certain person or entity, past or present;
· Upload, post, email, transmit or otherwise make available or initiate any content that:
·
o Includes information that you do not have the right to disclose such as patient information, inside information, or confidential information learned or disclosed in the course of any employment relationship, statutory legal confidentiality obligation or under any confidentiality agreement;
o infringes any third party’s patent, trademark, trade secret, copyright or other proprietary rights;
o contains viruses, worms or any other computer code, files or programs that interrupt, damage or limit the functionality of any Mobile software or hardware or telecommunications equipment of CaseLink or any CaseLink User;
o falsifies headers or otherwise manoeuvres identities to disguise the origin of any communication transmitted with the Services;
· Duplicate, authorize, sublicense, publish, disseminate, transmit, distribute, perform, display, sell, mark or otherwise transfer information found on CaseLink (except content submitted by you) except as permitted in this Terms or as expressly authorized by CaseLink or the Users as it may be applicable;
· Use the information, content or any data that you view or obtain from CaseLink to provide any service that competes with CaseLink;
· Rent, lend, market, sell or resell, access to CaseLink or any information or equivalent therein, in whole or in part;
· Conduct any form of direct or indirect advertising or marketing of products or services on CaseLink;
· Collect, use or transfer any information, including but not limited to personal information obtained from CaseLink unless expressly permitted in these Terms or to the extent the owner of such information expressly permits;
· Use bots or other automated methods to upload or download contacts, transmit or redirect messages or other permitted activities except for CaseLink-approved tools.
· Engage in any action that directly or indirectly interferes with the proper functioning or places an unreasonable burden on our infrastructure, including but not limited to unsolicited communications to other Members or CaseLink personnel, attempts to gain unauthorized access or the transmission or activation of viruses.
Your and our Role and responsibility in the interaction
By providing information and contributions to CaseLink, you warrant and represent that you are authorized to submit such information and that it is accurate, non-confidential and not in violation of any law, limitation or other right of any third party. In particular, we remind you not to enter data that may violate any patient’s rights. It is your responsibility to publish correct, truthful and up-to-date information.
You will attain all necessary permissions to share a patient’s case and de-identify all information that could reveal the identity of that patient.
You are personally responsible for interactions with other CaseLink Members.
You, in the exercise of your functions, remain solely responsible for what you have stated in CaseLink, in relation to the health of your patients and the prescription of diagnostic tests and therapeutic treatments
You are fully responsible for the clinical suggestions (proposed diets, advice on preparation for specific diagnostic tests, etc.) that you share with the App Users and Caselink community. These suggestions, if not adequately referenced, reflect your experience/opinion as an individual doctor.
Boston Scientific provides the platform as a tool. Under no circumstances will Boston Scientific replace your role as a physician, responsible for the management of your patients, and under no circumstances is Boston Scientific responsible for the statements you publish in CaseLink.
We reserve the right to limit your use of the App, including number of contacts and your ability to contact other Users. We further reserve the right to ban any User from our App without prior written notice or consent for violations of these Terms including our community guidelines set forth herein.
Off-label
Boston Scientific does not promote or endorse the off-label use of products or drugs.
Adverse events/pharmacovigilance
This site is not intended for the communication of adverse events to the competent authorities. For this purpose, it is necessary to comply with processes implemented by the governing body for your country of residence) and forward it to the competent authority.
If we find information about an adverse event in any Content, we will forward and treat it in accordance with the law.
© 2022 Boston Scientific Corporation or its affiliates. All rights reserved.
