Terms and conditions of use of the dimed site

 

1. acceptance of the site use conditions.

This regulation (hereinafter, the "Regulation") defines the methods and conditions of access and use of the www.dimed.com website (hereinafter the "Site"), as well as the conditions of service supply (hereinafter, the "Services") offered through the Site.

Accessing and consulting this site, however, imply the express and unconditioned acceptance of the Regulations, as well as of the current standards with regard to visitors, who, by accessing the site, declare that they are not minors.

Digitally pressing the "ACCEPT" button shown in bold on the registration page indicates confirmation and unconditional acceptance in full by any user (hereinafter, the "User") of all the conditions reported below.

Dimed Informatica s.r.l. reserves the right to revise and update the terms and conditions below. Since the terms, conditions and their revisions are binding on a visitor to the site, the latter is responsible for consulting them periodically so that he is aware of the updates.

 

2. intellectual property.

The www.dimed.com website (hereinafter, the “Site”) belongs to and is managed by Dimed Informatica s.r.l. (hereinafter, “DIMED”) with registered offices in Naples, at via Tommaso Caravita 25, with tax and company registration number 05325430964. The company may be contacted, other than through the site, by e-mail at info@dimed.com or by ordinary post at the registered offices or by the following telephone number 0039-081 5528030.

The Site, all the data and illustration contained therein including the “DIMED” brand name and logos, the other commercial brands quoted, as well as the domain name, are – if not otherwise indicated – the sole property of Dimed Informatica s.r.l. or those assigning Dimed Informatica s.r.l. the right to use them.

 In accordance with current standards in terms of copyright, no third party may make use of the present contents of this Site without the prior consent, in writing, of the relevant owners. Expressly prohibited is any use, even electronic, of the contents, as well as any operations of modification, publications, translation, transmission, distribution or uploading, in whole or in part. The sole authorised copies are those designed solely for private and personal use, with the express exclusion of commercial use.

The following notice must appear on all partial or total copies of the Site contents: “Dimed Informatica s.r.l. (VAT No: 05325430964) © 2007. All rights reserved”.

 Dimed Informatica s.r.l. reserves the right to take legal action against any contravention of its intellectual property rights or of those legitimately granted usage thereof.

 

3. description of the service.

In this site, the user will find medical articles and discussions relating to ultrasound and prenatal diagnosis. The site aims to improve knowledge of obstetric ultrasound examinations and to make freely available to the scientific community the experiences of doctors who collaborate with Dimed so that anyone may, by looking at, assessing and analysing the site, expand their knowledge of obstetric ultrasounds, by comparing their experience with that of others.

The medical and non-medical professional can contribute their own written submissions to the debates and/or forums that are instigated within the site on individual issues, by writing to the Scientific Committee, which reserves the right, at all times and in their own unchallengeable judgement, to publish or refuse contributions sent in.

It is possible that such opinions or the opinions of experts are published relating to a specific area with regard to the Site contents, or that extracts from articles that appear in the Press are published. Such information only represents the opinions expressed by the doctors or experts and do not necessarily represent those of Dimed, who is not responsible for the accuracy or completeness of the information and opinions expressed in such contributions and articles, which reflect the personal point of view of the author and may, in no way, be considered as the opinion and responsibility of Dimed.

The Company expressly declares, and the user is aware, that the information contained herein cannot, in any way, replace a doctor’s opinion and must not be used to diagnose or treat pathologies and/or clinical cases, or to prescribe or use drugs, even those that may be mentioned in the site, without a qualified doctor being consulted. The Company, therefore, always recommends consulting a qualified doctor if there are any doubts relating to the diagnosis and/or medical problems with regard to the user or discussed on the site.

The user is, therefore, expressly alerted to the fact that, by consulting the site, he/she accepts the risk that the information and documents contained therein may be inexact, incomplete and/or, however, not suited to specific requirements and, therefore, he/she is solely liable for any risks connected to their use. The Company, in fact, expressly states that the contents of the site are the result of personal experience and studies and may not, as with anything connected to personal subjectivity, have the character of infallibility or be free of errors. The company, therefore, assumes no liability of any kind for any information, program, software or any other material inserted into these pages or for any incorrect use or erroneous interpretation of the same.

The Company expressly informs the user that total access to the services provided (e.g. ultrasound images) is only available to doctors, although partial access, namely to textual content only, is also allowed to non-medical persons who are not minors. At all times, Dimed expressly alerts the user to the fact that such images and/or information may be disturbing to him/her. In particular, Dimed notes that some of the images and/or information contained in the site relating to pathologies malformations and/or specific clinical cases could influence, disturb, agitate or perhaps discourage sensitive persons or those unused to receive this kind of information. The use is, therefore, expressly informed that he is solely liable for the risks linked to the viewing of such images and documents.

 

4. obligation of registration.

Doctors using the site:

1) declare that they have graduated in medicine and surgery and that they are in possession of all the necessary requirements to be able to exercise their medical profession legally in their country of residence;

2) undertake to provide personal data ("registered data"), guarantee that these are complete and true and undertake to ensure that they are always updated. If any information is incorrect, inaccurate or incomplete, Dimed Informatica s.r.l. reserves the right, in its unchallengeable judgement, to disconnect the user’s account and prevent said use from any subsequent use of the site.

Dimed will not communicate to third parties any personal data that any visitors communicate by e-mail, except for registered visitors to the Site, and/or those who have provided the proper consent for the processing of personal data and their communication to third parties. The personal data of visitors (e.g. e-mail addresses) not registered with the Site and who have supplied their consent to the data being processed will be processed for the sole purpose of being able to deal with their requests as soon as possible and subsequently cancelled.

Visitors who access the reserved sections of the Site will find the relevant information on the collection and processing of personal data in accordance with art. 13 of Legislative Decree 196/03 (Code relating to the protection of personal data). Data need to be conferred for registration purposes and consequent access reserved for registered users.

If a visitor to the Site provides information, which includes comments, proposal, ideas or other elements, Dimed shall consider this information not to be confidential or reserved. Dimed will not have any obligation or responsibility of any type with regard to this information and will be free to reproduce, dispose of and distribute said information to other visitors to the Site, as well as to use the ideas, concepts, expertise or techniques contained in this information.

 

5. account, password and confidentiality.

For the purpose of registering for the Service, the user will receive an account password and name and will be solely liable for ensuring that both the account and the password are kept confidential. The user, therefore, will be solely and exclusively responsible for an activity initiated through using the password or the account.

The User is obliged to:

- inform the Company immediately of any unauthorised use of his/her password or account, as well as any violation of the rules of confidentiality, of which he is made aware;

- log out of his/her account at the end of every session.

The Company may not, in any way, be deemed to be liable for any damages deriving from any omission, with regard to this article.

 

6. user’s rules of conduct and prohibition on exploiting the site for commercial purposes.

The User undertakes not to reproduce, duplicate, copy, sell, resell and, in any way, exploit, directly or indirectly and for commercial purposes, the Site or any part thereof, the Dimed services and any other property of the company.

Any User, who intends to use part of the material for didactic purposes or extract copies thereof to print or distribute them, may only do so according to the following conditions:

- the document may be used solely for didactic purposes and for no monetary gain, either directly or indirectly;

- the use of parts of the site (images, text, video, etc.) must always be accompanied by the afore-mentioned declaration of copyright and must bear the author’s name.

 

7. special notice regarding international use.

Given the global nature of the Internet, the User undertakes to respect – in addition to this Regulation – not only the Italian and European standards relating to online behaviour, as well as all the applicable laws relating to the transmission of data and content that are current in the country, in which they are resident.

 

8.– contract duration and termination.

The user recognises and agrees that the company may, at its sole and exclusive discretion, at any time, disconnect the user’s password and account or interrupt use of the site or part of it or the services, as well as removing or refusing the dissemination of content within the service. merely by way of example, the company may exercise such a right if the user has not used the site or the services for a certain period of time or if it is considered that the user has violated the regulations or objectives of the site, or acted in a way that is incompatible or contrary to the spirit or letter thereof.

The user recognises and agrees that any suspension or interruption of his/her access to the service as stated in these regulations will be implemented with no prior notice and recognises and accepts that the company may immediately deactivate or cancel the user’s account and all the data and files present in his/her account and/or deny any further access to such files or the service. in addition, the user expressly agrees that the company may not in any way be held responsible with regard to the user or any other person for the interruption of their access to the service.

 

9. links and relations with advertisers.

The Site contains links to other sites of third parties, considered of interest to the visitor. By clicking on a link to such sites, the User voluntarily exits this Site and accesses a Site owned by third parties. The information contained in such sites may not be in accordance with the provisions of Legislative Decree 219/06, which regulates the advertising of medicines for human use and are, in addition, completely independent and out of the control of Dimed, which does not assume any liability in connection therewith.

In any case, Dimed does not assume any liability and will provide no guarantee with regard to the accessibility, nature and content of any page or website of third parties connected to this Site through links. All visitors, therefore, confirm that they use links to other sites at their own risk, even with reference to the responsibility of taking all the necessary precautions to prevent contamination by any virus.

External websites and those not owned by Dimed may not publish links to this Site without the express and prior consent of Dimed in writing.

The relations or participation of the User in advertisers’ promotions to be found on the Site or through links, includes the instruction of or payment for goods and services, as well as any other condition, guarantee or relationship, inherent to or even if only occasioned by such relationships or promotions, constitute an exclusive relationship between the User and the advertiser, to which Dimed remains absolutely extraneous. The User recognises and agrees, however, that the Company may not in any way be deemed liable for any inconvenience or damage of any kind or that may derive from the User due to such matters or because of the advertisements distributed within Service or by means of the links.

 

10.  use of dimed software – rights of intellectual and/or industrial property.

The User recognises that the Site and all its required software used in connection with the Site and with the services rendered by means of it ("software") contain reserved information and are protected by laws in relation to intellectual and/or industrial property. The User also agrees and concurs that the contents reported in the advertising materials or the information presented to the User by the service or by the advertisers are protected by the standards relating to copyright, brands, patents or other rights of intellectual and/or industrial ownership. Except where expressly authorised by the Company or advertisers, the User undertakes not to modify or dispose of in any way (either free of charge or for financial gain) and not to distribute, disseminate or create works based, in whole or in part, on the Service or its software.

The Company grants the User a personal, transferable and non-exclusive licence for the use of the code for the software required for the use of the Service on an individual computer, it being agreed that, in all cases, the User may not – directly or indirectly - copy, modify or create works derived from the software and may not violate it or access or try to access any source code. Similarly, the User is expressly prohibited from selling, ceding, sublicensing or transferring in any way to third parties – directly or indirectly – any right whatsoever to the software or knowledge relative thereto.

The User undertakes not to modify the software in any way and not to use any modified version of the software, particularly when this ensures unauthorised access to the Service.

The User undertakes not to access the Service by means of an interface that is not one supplied by the Company.

 

11. site availability, interruptions and modifications of the service. exoneration of liability for dimed

By using the Site, the visitor declares that he is aware that:

- it is technically impossible for the Site to operate with no defects;

- Dimed does not assume any liability for any technical problems;

- there could be periods when the Site (or parts thereof) are unavailable;

- the Site’s operation could be compromised by events and conditions outside the control of Dimed, such as, for example, the availability of the Internet connection.

Dimed may, at any time, temporarily or permanently, modify or make unavailable to Site or part thereof, for the purpose of carrying out maintenance work or improving/modifying it. Dimed is in no way responsible for the modifications to the Site or for its temporary or permanent unavailability.

The User, furthermore, expressly recognises and declares that:

- the use of the Site and the connected services is at his/her sole and exclusive discretion. The Service is provided "AS IT IS" and "AS AND WHEN AVAILABLE";

- any guarantee whatsoever by Dimed, whether explicit and/or implicit, is expressly excluded, including, merely by way of information, any guarantee of marketability, suitability for specific purposes or quality of service.

The Company does not guarantee that:

- the Service will meet the User’s requirements;

- the Service will be provided with no interruptions, punctually, securely and free of errors;

- the User’s expectation that the results obtained from the use of the Service are truthful and reliable;

- the quality of the products, services, information or other materials acquired or obtained by means of the Service may satisfy the User’s needs, nor that any software errors are corrected;

Any content downloaded or otherwise obtained by or through the Service is obtained at the sole and exclusive discretion of the user, which is solely and exclusively responsible for any damage to his/her computer or for the loss of data resulting from downloading such materials or having used the Service.

Any information, advice or counsel, both written and verbal, supplied to the User by the Company or obtained by or through the Service, will comprise no guarantee other than that expressly contemplated by this regulation.

Dimed may not, in any way, be considered responsible for lack of accuracy, completeness, suitability and timing of the data contained on the Site as well as for any damage or virus that may affect the computer equipment or other property of the visitor consequent on the access, use or navigation of the Site.

 

12. restrictions on dimed’s liability.

The User recognises and agrees that the Company will not in any way be responsible for any damage of any type or kind, even with regard to loss of profits, commercial revenue or data, even if the Company has been informed of the possibility of such damage for the users, resulting from:

- the use or omitted or incorrect use of the Site or the Services;

- the cost of provision of the goods and/or services acquired with respect to the goods and/or services acquired or obtained through the Service;

- unauthorised access or an alteration to the User’s transmissions or data;

- declarations or behaviour by any other persons;

None of the contents of this contract will have the effect of restricting or limiting the Company’s liability in the case of damages resulting from malice or serious fault.

 

13. copyright and licence-holders.

The Company respects the rights of intellectual and/or industrial property of others and asks that its own users do likewise. Where the user considers that one of its works gas been copied or “processed” by third parties in order to integrate a violation of the standards of copyright, the user is asked to provide the Company with the following information:

- an electronic or physical copy of the signature of the person authorised to act on behalf of the copyright holder;

- a description of the work protected by copyright, which the user deems to have been violated;

- an indication of the place within the site where the work that the user deems to have been copied is located;

- the user’s address, telephone number and e-mail address;

- a declaration by the user that affirms, in good faith, that the use of what is processed is authorised by the holder of the copyright, by its licence-holder and by the law;

- a declaration, in which the user declares and guarantees that the information supplied with his/her communication corresponds to the truth and that he/she is the legitimate holder of the right or that he/she is legitimately authorised to act on the holder’s behalf.

Any communications with regard to the above may be sent:

By ordinary post to the Company registered offices, at Via Tommaso Caravita 25. – 80133, Naples (Italy) or by e-mail to info@dimed.com.

 

14. applicable law and competent court.

The standards of this regulation and the relationships between the Company and the User are regulated by the laws of the Italian Republic. For any dispute inherent to, deriving from or in any way connected to these General Conditions or the use of the Services, the Court of Naples will be the sole competent court.

 

15. miscellaneous for realising legal actions and losses.

This Regulation represents the sole and exclusive contract between the User and the Company and grants use of the Site and Services thereto.

The User shall also abide by any General Conditions relating to the use of connected or complementary services provided by third parties, such as the rules governing the use of third parties’ software.

Should the company fail to exercise any of its own rights as imposed by the law or these Regulations in no way constitutes a renunciation of said right. Should one or more provisions of this Regulation be declared as invalid by the competent legal authority, the parties agree that the judge shall, in every case, try to maintain the effectiveness of the remainder of the agreements relating to agreements between the parties as defined in this agreement.

The user expressly accepts that, even in derogation of any standard provisions that state otherwise, any legal action relating to the Service or the Regulation relating to him/her shall be initiated within one year of the grounds thereof being discovered. In any case, by accessing the Site, he knowingly and expressly renounces availing himself of any action with regard to the company at the end of said term of one year from the moment the reason for the claim emerged.

 

16. violations.

The user shall inform the Company of any violation of these regulations.