TERMS AND CONDITIONS
Effective Date: [29.5.2014]
1.1 This website is owned and operated by The Ultrasound Site Ltd. You can find further information is at the end of this document.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.These terms and conditions are available in the English language only.
1.3 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Advertisers. In the event of any conflict, the Addendum takes priority.
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) “Advertisements” - all promotions on our Service of any kind such as listings, banners, skyscrapers, MPU’s and sponsorships.
b) “Advertiser” - a User who places an Advertisement on our Service.
c) “Consumer” - an individual acting for purposes which are wholly or mainly that person’s trade, business, craft or profession.
d) “Content” - all information of whatever kind (including posts, comments, blogs, images, photos, audio, video, Advertisements, messages, Reviews etc.), published, stored or sent on or in connection with our Service.
e) “Review” - any review, comment or rating.
f) “Service” – our website, the services we offer by means of our website and any related software and services.
g) “User” - a person who uses our Service (whether or not registered with us) including Advertisers.
3.0 Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4.0 Use of our Service
4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.
4.2 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
4.3 You agree that you will not in connection with the Service:
a) breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
i) is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, misleading, abusive or deceptive;
ii) infringes any intellectual property or other rights of others;
iii) involves phishing or scamming or similar; or
iv) we otherwise consider to be inappropriate;
c) publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
d) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
e) sell access to the Service;
f) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorised by us;
g) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
h) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
i) do anything which may negatively affect other Users’ enjoyment of the Service;
j) gain unauthorised access to any part of the Service or equipment used to provide the Service;
k) use any automated means to interact with our systems excluding public search engines; or
l) attempt, encourage or assist any of the above.
4.4 You must comply with any guidelines or requirements on our website.
4.5 You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.6 We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
4.7 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
4.8 If you are not an Advertiser, we are entitled at any time to suspend or cancel this agreement by email notice without cause.
5.0 Your Content
5.1 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
5.2 If you post a Review, you promise that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the Review and that the Review is your independent, honest, genuine opinion.
5.3 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
5.4 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.5 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.6 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
5.7 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
5.8 We reserve the right without notice to irretrievably delete your Content at any time.
6.0 Content of other Users
6.1 We accept no legal responsibility for the accuracy of, or otherwise in relation to, case studies or other Content of other Users. You rely on such information at your own risk. We are not responsible for any dealings between Users.
6.2 You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by email at email@example.com. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received or to advise you of any action we do decide to take. All complaints must clearly explain the reason for complaint.
6.3 We do not verify Advertisements. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or related enquiry.
6.4 If you respond to any Advertisement, please note that any consequent contract for sale or other transaction is between you and the Advertiser concerned. We may provide tools to facilitate a transaction but we are not a party to that contract. You acknowledge that any legal recourse in connection with such transactions is against the Advertiser and not us. Please direct any queries or complaints to the Advertiser.
7.0 Third party websites / services
7.1 We may link to third party websites which may be of interest to you and/or make available third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.
8.0 Content posted by us
8.1 Any information which we ourselves make available on our Service (including case studies written or edited by us( is intended for general education and guidance. We cannot guarantee that such information is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
9.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
10. Functioning of our Service
10.1 We do not guarantee that the Service will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
10.3 We are entitled to make changes to the Service.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 Very important: If you are a Consumer,we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement;or
d) such loss or damage relates to a business.
11.4 Very important: If you are a Consumer,you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
11.5 The following clauses apply only if you are not a Consumer:
a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
b) If you are an Advertiser, our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
c) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
ii) loss of goodwill or reputation;
iii) special, indirect or consequential losses; or
iv) damage to or loss of data
(even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
12.0 Intellectual property rights
12.1 All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our Advertisers or other Users. For the purposes of your personal use and non-commercial use only, you may view such material on your screen and print a single copy and in such case you must include an attribution to us as author and to any contributors specified. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.
12.3 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service.You also grant each User a licence to use your Content in accordance with these terms and conditions.
12.4 For the avoidance of doubt: We are entitled to edit your case studies and other Content as we see fit and we own the intellectual property rights in any amendments that we make to your Content.
12.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service ("Submissions") which you provide us are non-confidential. We are entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
14.0 Events outside our control
14.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
15.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
16.0 English law
16.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of courts of England and Wales.
17.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
18.1 If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.
19.0 Information about us
19.2 Other contact information, please email firstname.lastname@example.org
19.3 VAT number:217393602