Terms and conditions

Welcome to www.medtechengine.com, a website and online service of medeuronet SAS created under the trademark Medtech Engine™ (“Medtech Engine,” “we,” or “us”). Medeuronet SAS (VAT number FR40504880709) is registered before the French business register of Strasbourg under number 504 880 709 and has its office and main trading address at 4, rue de Sarrelouis, 67000, Strasbourg.

This page contains and explains the Terms and Conditions (“T&C”) by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing, continuing to browse or using the Service, you agree to comply with and be bound by the following Terms and Conditions of Use Agreement (“ the Agreement”), which together with Medtech Engine privacy policy govern Medtech Engine relationship with you (“the User”) in relation to the Service, whether you are or not a registered user of our Service. The T&C  apply to all visitors, users, members, contributors and others who access the Service (“Users”). If you disagree with any part of these T&C, please do not use the Service,

We reserve the right to amend at any time the contents of these T&C, you should check this page from time to time to ensure that you are aware of any changes,

1. Use of our service

Our service in brief: Medtech Engine provides a platform where Medtech stakeholders can access editorial content, curated online learning content, competitive intelligence and online tools and databases of contacts – including Detect by MedTech Engine.

Eligibility: You may use the Service only if you can form a binding agreement  with Medtech Engine. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Terms and Conditions Use Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering in full into this Agreement.

License to use the Medtech Engine Service: Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service, as permitted by the features of the Service. Medtech Engine reserves all rights not expressly granted herein in the Service. Medtech Engine may terminate this license at any time for any reason or no reason. Additional terms may apply for any content that you download from or upload to the Service. Any such additional terms will be made available to you before initiating any applicable uploads or downloads.

2. Medtech Engine Accounts

Your Medtech Engine account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Medtech Engine account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Medtech Engine with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and must keep your account password secure. We encourage you to use “strong” passwords (those with a combination of upper and lower-case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Medtech Engine immediately of any breach of security or unauthorised use of your account. Medtech Engine will not be liable for any losses caused by any unauthorised use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Medtech Engine with your email address you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You can also opt-in for us to use your email address to send you other messages, such as changes to Service features, our newsletter and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

The Service offered is currently free of charge. At a later date and from time to time, we will add additional features to the Service  and variable costs may apply subject to use.

3. Service Rules

You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”;
(ii) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Medtech Engine servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorised by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
(xiii) using any Medtech Engine Content (as defined below), including any Medtech Engine trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Medtech Engine Content;
(xiv) using any Medtech Engine trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data;
(xv) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Medtech Engine trademarks;
(xvi) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Medtech Engine.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Medtech Engine Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorisation from Medtech Engine before establishing another account. If you attempt to establish another account without obtaining such authorisation, Medtech Engine may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Medtech Engine in each instance.

You are solely responsible for your interactions with other Medtech Engine Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Medtech Engine shall have no liability for your interactions with other Users, or for any User’s action or inaction.

4. User Content

General

Some areas of the Service allow Users to submit and publish content such as personal or company profile information, comments, questions, photographs, articles, blog post, and resources, for example, reports, articles, photographs, diagrams, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service without compensation “User Content”). You retain ownership of your User Content and are entirely responsible for all such User Content.

4.1 Uploading User Content to Medtech Engine

You agree not to submit User Content that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Medtech Engine reserves the right, but is not obligated, to reject and/or remove any User Content that Medtech Engine believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the any Copyright Office, or any other rights organisation.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:
(i) Your User Content and Medtech Engine’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights;
(ii) Medtech Engine may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise;
(iii) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder;
(iv) Your User Content is neither obscene nor defamatory, or otherwise objectionable.
(v) To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate;
(vi) You will not transmit unsolicited emails or engage in spamming to publicise or promote your relationship with Medtech Engine;
(vii) You will not engage in pay per click advertising using keywords which compete with Medtech Engine’s own campaigns to promote your relationship with Medtech Engine, nor will you use or engage a third party on your behalf to use Medtech Engine in any domain name.

Medtech Engine takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Medtech Engine shall not be liable for any damages you allege to incur as a result of User Content.

You must not reveal any personal information about yourself or anyone else (for example, a telephone number or home address). If you add a comment to a blog or article, be aware that your email and IP addresses will be traceable, and your user name and/or other images displayed on other sites such as Facebook may be displayed if, for example, your User Content has been sent from your account on another social networking site.

You agree to the Company, at its sole discretion, publishing rewording or categorising User Content, whether by means of ranking them according to their popularity or by any other criteria.

Any abusive comment should be reported to engineroom@medtechengine.com

5. User Content License Grant

By publishing any designs containing User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Medtech Engine a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Medtech Engine’s (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For the avoidance of doubt, User Content does not include freelance commissions. Freelance commissions are licensed to Medtech Engine in accordance with the terms of the Medtech Engine Commissioning Agreement.

6. Our Property Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, databases, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyright and/or author rights, photographs, audio, videos, music, User Content belonging to other Users, (“Medtech Engine Content”) and all Intellectual Property Rights related thereto, are the exclusive property of Medtech Engine, its licensors and its content suppliers (including other Users who post User Content (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Medtech Engine Content. Use of the Medtech Engine Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

The compilation of all content included in, or made available through the Service is the exclusive property of Medtech Engine. You may not extract and/or re-use parts of the content of any Medtech Engine Service without our prior express written consent. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-use any substantial parts of the content of the Service, without our prior express written consent. You may also not create and/or publish your own database that features substantial parts of the Service without our prior express written consent.

Any defect in the execution of the license to use, or any total or partial breach thereof by the User, causes the automatic termination without notice of this contract by Medtech Engine, without prejudice to damages resulting from a lawsuit.

7. Feedback

The User may choose to, or Medtech Engine may invite the User to, submit comments or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Ideas”). By submitting any Idea, the User agrees that their disclosure is gratuitous, unsolicited and without restriction, and will not place Medtech Engine under any fiduciary or other obligation, and that Medtech Engine is free to use the Idea without any additional compensation to the User, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. The User further acknowledges that, by acceptance of their submission, Medtech Engine does not waive any rights to use similar or related ideas previously known to Medtech Engine, or developed by its employees, or obtained from sources other than the User.

 8. Privacy

Medtech Engine cares about the privacy of our Users. By using the Services, the User consents to the collection, use and disclosure of their personally identifiable information and aggregate data as set out in our Privacy Policy and to having their personal information collected, used, transferred to and processed in the European Union.

9. Security

Medtech Engine cares about the integrity and security of the User’s personal information. However, it cannot guarantee that unauthorised third parties will never be able to defeat its security measures or use the User’s personal information for improper purposes. The User must acknowledge that they provide their personal information at their own risk.

10. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Medtech Engine, Medtech Engine does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If the User accesses a third-party website from the Service, they do so at their own risk, and understand that this Agreement and Medtech Engine’s Privacy Policy do not apply to their use of such sites. The User expressly relieves Medtech Engine from any and all liability arising from their use of any third-party website, service, or content.

11. Indemnity

The User agrees to defend, indemnify and hold harmless Medtech Engine and its subsidiaries, agents, licensors, managers, and other affiliated companies, and its employees, contractors, agents, officers and directors, 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) the use of and access to the Service, including any data or content transmitted or received by the User;
(ii) the violation of any term of this Agreement, including, without limitation, the User’s breach of any of the representations and warranties above;
(iii) the violation of any third-party right, including, without limitation, any right of privacy, publicity, or Intellectual Property Rights;
(iv) the violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any content the User uploads, or any content that is submitted via the User’s account;
(vi) any other party’s access and use of the Service with the User’s unique username, password, or other appropriate security code.

12. No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Medtech Engine, its subsidiaries, and its licensors do not warrant that the content, is accurate, reliable or correct; that the service will meet the User’s requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and they will be solely responsible for any damage to their computer system or mobile device, or loss of data, that results from such downloads or their use of the service.

Medtech Engine does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Medtech Engine service or any hyperlinked website or service, and Medtech Engine will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Medtech Engine, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including, without limitation, your submission of User Content. Under no circumstances will Medtech Engine be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorised access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Medtech Engine assumes no liability or responsibility for:
(i) any errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service;
(iii) any unautised access to, or use of, our secure servers and/or any and all personal information stored therein;
(iv) any interruption horror cessation of transmission to or from the service;
(v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party;
(vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service;
(vii) user content or the defamatory, offensive, or illegal conduct of any third party.

Every effort is made to keep the Service up running smoothly, However Medtech Engine takes no responsibility for; and will not be liable for the Service being temporarily unavailable due to technical issues beyond our control,

14. Termination

Breach of these Terms and conditions of use can lead Medtech Engine to terminate  the User‘s account.

The User can terminate its subscription to the Medtech Engine services at any time, by sending an email to engineroom@medtechengine.com.

15. Divisibility

The nullity of any provision of these Terms and conditions of use shall not imply the nullity of the remaining provisions, which remain in effect.

16. Applicable Law

These Terms and conditions of use (together with the documents expressly referred to on it) are governed by French law. Both the Company and the User agree to abide by the exclusive jurisdiction of the courts of Strasbourg.

 

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