Terms of Use

Last updated: March 22nd, 2024.


TERMS OF USE GENERAL

a) This site is part of the network of websites created and operated by MAG / Medical Advisor's Group
Home (“MAG”), which are collectively referred to herein as the “Site.” When you choose to use the web service(s) provided on the Site (the “Services”), you are agreeing to all of the terms and conditions of this Agreement between you and MAG.
b) MAG shall have the right, at its discretion, to change, modify, add or remove terms of this Agreement at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
c) The Services are not intended for users under the age of 13, and MAG does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Site’s public areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
d) YOUR CONTINUED USE OF THE SITE AND THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE, WILL INDICATE YOUR ACCEPTANCE THEREOF.
e) MAG may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. MAG may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.

CONTENT; COPYRIGHTS; TRADEMARKS


a) All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, and all other matters related to the Site, and including the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”), are protected by U.S. and international copyright laws. All rights reserved.
b) All Content is protected by copyright, and owned or controlled by MAG or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. If you have any questions about whether your Content is protected by copyright and the steps to take to secure a registration of a copyright in your Content, you should consult with an attorney. To the extent that copyright protection exists in your Content, you will retain ownership on such copyright when you submit Content to our site, subject to certain licenses granted to us and/or parties who wish to use your Content, as more particularly described herein.
c) The Content made available on the Site or in connection with the Services is intended for your personal, noncommercial use. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Other than as expressly provided in this Agreement, no other use is permitted.
d) You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from MAG.
e) In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
f) The Content includes logotypes, trademarks and service marks owned by MAG and by other information providers and third parties. None of which may be used in any manner unless approved, in advance and in writing, by MAG.
g) Requests to use the Content for any purpose other than as permitted in this Section 2 should be directed to the appropriate MAG publisher; if you are unsure, please contact yakov@mdwrt.com.

COPYRIGHT COMPLAINTS:


If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • Identification of the copyrighted work and the location on the Site of the allegedly infringing work;
  • A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
  • Your name and contact information, including telephone number and e-mail address;
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for MAG’s DMCA Agent for notice of claims of copyright infringement is: yakov@mdwrt.com


SUBMISSIONS AND USER-CREATED CONTENT

a) You are solely responsible for the Content you submit to the Site.
b) You represent, warrant, and covenant that all Content you submit to the Site (i) is owned or otherwise controlled by you, (ii) is accurate, (iii) does not violate these Terms of Use, (iv) will not cause injury to any person or entity, (v) will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (vi) does not contain libelous or otherwise unlawful material.
c) You acknowledge that any Content you submit may be edited, removed, modified, published, transmitted, and displayed by MAG, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights (as that term is understood in copyright law) you may have in having the Content altered or changed in a manner not agreeable to you.
d) By submitting Content to the Site, you hereby grant to MAG, its affiliates, and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, and display all such Content in any form, media, software, or technology of any kind now existing or developed in the future. You further grant MAG the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
e) Anything in this Section 3 to the contrary notwithstanding, all such uses of the Content shall be attributable to you, unless you indicate in writing at the time of posting the Content that you do not wish attribution. You understand and agree that we shall not be liable in any way whatsoever for the inadvertent failure to attribute Content to you or the failure of any of our members to attribute Content to you.
f) You understand and agree that others may use your Content and therefore license all of our present and future site visitors and hereby grant to such site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in the paragraph g) below.
g) The Content posted by others on our websites is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content except as specified below. In this regard, you may only make (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of the pages on the websites. You acknowledge and agree that all other copying, whether in electronic, hard copy, or other formats, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or make available to any person, or create derivative works of such material, or use it for commercial purposes. All other rights are reserved.
h) Apart from those designated sections of our websites that provide for user submissions of Content, MAG, its affiliates, and related entities do not accept unsolicited materials or ideas for use or publication. MAG, its affiliates, and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.


INTERACTIVE AREAS; POSTING RULES

a) The Site may contain bulletin boards and other interactive areas, provided to offer users an engaging forum to express their opinions and share ideas and information. Considering the nature of the Site and the volume of messages and postings, it's not feasible for us to monitor all material posted or transmitted by users and third-party information providers. To safeguard your safety, please exercise your best judgment when using these forums. Divulging personal phone numbers, addresses, or other information that can be used to identify or locate you is particularly discouraged.
b) We reserve the right, but not the obligation, to monitor postings and to remove or alter any Content which, in our sole discretion, constitutes a misuse of these and may restrict, suspend, or terminate your use of the Services or our Site where we believe there has been such a misuse. Due to the global nature of the Internet, you agree to comply with all applicable rules regarding the export of data from any country. This right is not limited, and we have provided guidelines for posting content on our Site below. Violation of these posting rules may lead to law enforcement action. When using the Site, please refrain from posting material that:
i) Contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial, or religious nature, or expressions of bigotry, racism, discrimination, or hate.
ii) Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business, or entity.
iii) Violates any right of MAG or any third party.
iv) Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
v) Violates any municipal, state, or federal law, rule, regulation, or ordinance, or attempts to encourage such an evasion or violation.
vi) Unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site.
vii) Advertises, promotes, or offers to trade any goods or services, except in areas specifically designated for such purpose.
viii) Uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material.
ix) Uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of Use.
x) Includes images, photos, articles, or other content that constitutes, promotes, or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national, or international law, rule, guideline, or regulation, or otherwise creates liability.
xi) Uploads or transmits viruses or other harmful, disruptive, or destructive files.
xii) Disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliated or linked sites.
xiii) “Flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
c) Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. We are not liable for the use or misuse of any information or data, including personal information, that is included in your posted Content.
d) We are not responsible for maintaining your posted Content and may delete or destroy it at any time in our absolute and sole discretion with no liability or obligation to you of any sort.


USE OF REGISTRATION DATA

a) Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or features, or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, to register for MAG events, subscribe to MAG publications, or to enter into sweepstakes or promotions. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current, and complete information.
b) If you use or visit the Site, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name in whole or in part. MAG reserves the right to terminate your use of, and deny access to, the Site to any person who violates this Terms of Use.
c) You agree that any registration data you provide may be shared by MAG with select third-party business partners, consistent with our current Privacy Policy. MAG shall inform its partners if you state a preference not to be contacted. However, MAG shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloses your registration data to any third party.
d) You agree that MAG, its business partners, or their designees may disclose registration data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: (i) you have registered to receive any third-party products or services, or have otherwise authorized such disclosure; or (ii) such disclosure is required by law or legal process.
e) This Agreement includes the terms and conditions of the MAG Privacy Statement, which is hereby incorporated by reference. In the event of any inconsistency between this Agreement and the Privacy Statement, the terms and conditions of the Privacy Statement shall take precedence.

USERNAME AND PASSWORD

In accessing and using various Site features, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify MAG of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. MAG cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at MAG's sole discretion, and MAG may refer you to appropriate law enforcement agencies.

a) The Site may contain links to other related Internet sites, resources, and sponsors. Your dealings or communications through the Site with any party other than MAG are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, resources, or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Complaints, concerns, or questions regarding any external link should be directed to such site's administrator or webmaster.
b) If you operate a web site and wish to link to the Site, you may do so provided you agree to cease such link upon request from MAG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or MAG's name or trademarks without the express written consent of MAG.

REPRESENTATIONS AND WARRANTIES

a) You expressly agree that your use of the Site and the Services is at your own risk. Neither MAG nor any of its affiliates, employees, agents, content providers, or licensors make any representations or warranties of any kind regarding the Site, the Services, the Content, or the results that may be obtained from use of the Site.
b) Neither MAG, its affiliates, employees, agents, content providers, nor licensors shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of—or the inability to use—the Site or its content, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if they have been advised of the possibility of such damages.
c) MAG acts as a distributor (and not a publisher) of content supplied by third parties and users of the Site. Accordingly, MAG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content made available by third parties, including information providers and Site users, are those of the respective author(s) or distributor(s) and not of MAG. MAG does not endorse nor is it responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site.

FEES AND PAYMENTS

MAG reserves the right at any time to charge fees for access to portions of the Site or the Services provided. If MAG decides to charge fees, such charges will be disclosed clearly on the Site, and it will be required to agree to the fees before you can be charged. All new fees, if any, will be posted prominently on the Site and in other appropriate locations. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Site by MAG or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment.

SOFTWARE LICENSES

You have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access or use the Site and the Services. You may not sublicense, assign, or transfer any licenses granted by MAG, and any attempt at such sublicense, assignment, or transfer is void. You may make one copy of such software for archival purposes only. Except as expressly authorized by MAG, you may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

INTERNATIONAL USERS

The Site is controlled, operated, and administered by MAG from its offices within the United States. MAG makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

INDEMNITY/LIMITATION OF LIABILITY

a) You agree to indemnify, defend, and hold harmless MAG, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
b) The provisions of this section are for the benefit of MAG and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION

MAG reserves the right to terminate your access to the Site or any of its Services at any time without notice for any reason whatsoever. Upon termination, the terms of this Agreement shall continue to apply.

MISCELLANEOUS

This Agreement constitutes the entire agreement between MAG and you with respect to your use of the Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Any rights not expressly granted herein are reserved.

SARL MAG
5 Impasse de la biche
40530 Labenne France


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