Welcome to www.iMedix.com, the community oriented health search engine (“iMedix”).
IMEDIX DOES NOT PROVIDE MEDICAL ADVICE OR HEALTHCARE SERVICES
THE CONTENT ON IMEDIX, INCLUDING ANY TEXT, IMAGES AND VIDEO CLIPS (THE “CONTENT”), IS MADE AVAILABLE FOR EDUCATIONAL PURPOSES AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. PROFESSIONAL MEDICAL AND HEALTHCARE CONSULTATION DEPENDS ON THE PRECISE FACTS OF EACH AND EVERY INDIVIDUAL CASE. THE CONTENT ON IMEDIX IS IN NO WAY A SUBSTITUTE FOR ANY SUCH PROFESSIONAL CONSULTATION. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS FOR DIAGNOSTIC AND TREATMENT PURPOSES.
WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, OR RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY PHYSICIANS, PRODUCTS, SERVICES, AND ANY MEDICAL RESEARCHES, REPORTS, THEORIES AND OTHER INFORMATION THAT ARE INCLUDED IN THE CONTENT, OR APPEAR IN SEARCH RESULTS ON IMEDIX.
Acceptable use of iMedix
iMedix is a community oriented health search engine, enabling consumers to easily find, contribute and share health and medical related information with other people.
You agree to abide by all applicable local and international laws, regulations and rules, including any and all laws, rules and regulation pertaining to medical and healthcare Content. You further agree that you are solely responsible for all acts or omissions associated with your access and use of iMedix and the access and use of iMedix by anyone on your behalf.
When using iMedix, You agree to refrain from willfully, or carelessly:
- breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of iMedix;
- interfering with or disrupting the functionality of iMedix;
- circumventing or manipulating the operation, or functionality of the Services and the Search Engine;
- sending automated or machine generated search queries;
- posting false, inaccurate, or misleading Content;
- posting Content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services;
- using robots, crawlers and similar applications to collect and compile Content from iMedix, for the purposes of competing with iMedix, or in such ways that might impair or disrupt iMedix’s functionality;
- displaying iMedix or any part thereof in an exposed or concealed frame, or linking to elements on iMedix, such as images, independently from the web pages on which they originally appear;
- impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- collecting or processing personal information of iMedix users without their explicit consent;
- posting commercial Content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only.
posting, disseminating, transmitting or otherwise communicating through, or to iMedix, or making available any Content on iMedix, or when using iMedix or any of the Services, Content which may reasonably be deemed as:
- Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
- Constituting a violation of a person’s right for privacy or right of publicity;
- Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
User generated Content
We encourage free speech and open discussion on iMedix. However, you may post Content on iMedix only on healthcare related issues and subject to these Terms. we may review posted Content and delete, remove, block access to it, or refuse to post it on iMedix, for any reason that we may consider to be justified in our sole discretion, including:
- preventing misuse of the Services;
- when we deem the Content to be in breach of the Terms, or an infringement of any applicable law;
- when your user account is canceled, either by yourself or by us;
- when pursuant to the Terms, the owner of Content that you have posted wishes it to be removed, whether as result of a person’s complaint, or of our own initiative;
- when the Content that you have posted is unrelated to healthcare issues.
We encourage you to treat Content posted on the internet, including the Content posted by others on iMedix, with caution and discretion. Such Content is not posted on our behalf and we cannot guarantee its accuracy, credibility, authenticity, validity, integrity or legality.
We do not warrant or guarantee that any Content that you wish to post on iMedix will be posted or that we will post it indefinitely.
We may also delete Content after a certain period of time from initial posting. Consequently, you might not find Content that you or any other user previously posted on iMedix.
Registration and User account
iMedix serves all Internet users. However, certain services may be available to registered users only.
By registering you represent and warrant that you are 21 years of age or older.
Registration with iMedix is free of charge. However, we may opt to charge registration fees in the future. We will require such fees only following the posting of prior notice on iMedix, but we are under no obligation to notify you in person of any change in our registration policy. If you do not consent to the terms in the notice, or fail to settle your registration fees to our satisfaction, then your account on iMedix shall be terminated.
When you register with iMedix we will ask you to provide us with certain contact and personal details. Bear in mind that false, incorrect, or out dated information may prevent you from registering and impair our ability to provide you with services and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with iMedix.
To login, you must use your email address and password. Alternatively, we may provide you with a password for accessing your account on iMedix. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on iMedix.
You agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on iMedix as a result of conveying your details to someone else.
You may terminate your account at any time, by using our designated termination form at: http://www.imedix.com/terms. We may require you to verify your termination notice by sending us an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on iMedix will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.
Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing iMedix, remove Content that you have posted on iMedix and take technical and legal steps to keep you off iMedix, if we think that –
- you have abused your rights to use iMedix; or
- you have breached the Terms; or
- you deliberately submitted false information; or,
- you have performed any act or omission that violates any applicable law, rules, or regulations; or,
- you have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users and suppliers of iMedix; or,
- you made use of iMedix’s services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- you conveyed your password to another person; or,
- you are in debt to us or to another person with respect to any transactions made on or through the use of iMedix.
Links to other sites
iMedix contains links to content on other web sites. Specifically, any results generated by the Search Engine consist of links to third party websites and other contents available through the Internet. We do not operate, or monitor these websites and contents. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. We assume no responsibility or liability for such third party websites or contents, or their availability.
iMedix may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers’ practices including their privacy practices, or for the Content of their websites, information, messages or offers.
Requests to remove Content
We respect the intellectual property rights of others. Any requests to remove copyright infringing content from iMedix, or counter requests to repost content, on grounds of mistake or misidentification of the content, shall be made in accordance with iMedix’s Copyright Policy.
After receiving a request to remove or re-post Content on iMedix, we may act as we deem fit, in accordance with the applicable law.
Correction of errors
We put great effort in ensuring the reliability of facts and details that we post on iMedix. However, errors may sometimes occur. If you think that any information or publication that we have posted on iMedix is erroneous, please inform us at info@iMedix.com.
All rights, title and interest in and to iMedix (except for users’ and third parties’ Content), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Content on iMedix, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in the Terms.
- You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos.
- You must avoid any action or omission which may dilute, or tarnish our goodwill.
- You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
We do not claim ownership over Content, such as text and images that you upload to iMedix. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that Content or that you are licensed by the rightful owners to post and use such Content on iMedix, in accordance with the Terms.
By submitting Content, including data, images, sounds, text, ideas, concepts, know-how, or techniques for posting on iMedix, and including any and all communications that you make with other users on or through iMedix, you grant us a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other Content, modify and create derivative works on iMedix, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your Content.
By uploading your ideas to iMedix you allow every user to use these ideas and benefit from them, in any available and legal way.
Notwithstanding the foregoing, The FCKeditor software is subject to the GPL, LGPL and MPL open source licenses. We hereby disclaim all copyright interest in that software.
Changes in iMedix
We may from time to time change iMedix’s layout, design or display, as well as the scope and availability of the Content and Services, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Site and service availability
The availability and functionality of iMedix depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that iMedix will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Termination of operation
We may at all times, in our sole discretion, terminate the operation of iMedix, or any part thereof, temporarily or permanently. We may not give any notice prior to the termination of iMedix. At any time, we may block, remove or delete any Content from iMedix, without maintaining any backup copy.
You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of iMedix’s operations and loss of any data as a result.
Amendments to the Terms
We may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after we have posted an initial notification on iMedix’s homepage or any other relevant web pages on iMedix, with respect to such changes. Other changes will take effect 7 days after their initial posting on iMedix, unless we amend the Terms to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use iMedix or any of the Services shall indicate you acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of iMedix.
We advise you to periodically read the Terms, as they may change from time to time.
DISCLAIMER OF WARRANTY
iMedix IS PROVIDED FOR USE AS IS. WE DISCLAIM ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO iMedix, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT iMedix WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF iMedix IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
WE, INCLUDING OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE iMedix, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF iMedix, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON iMedix, OR FROM ANY COMMUNICATION WITH iMedix, OR WITH OTHER USERS ON OR THROUGH iMedix, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON iMedix. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS.
You agree to indemnify, defend and hold harmless, us and our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on our behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of iMedix, the Content that you post on iMedix, any communications that you convey through iMedix, or your breach of the Terms, or any other terms, rules or regulations applicable to iMedix, or your violation, or infringement of other persons rights.
Governing Law, Jurisdiction
The Terms and your use of iMedix shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York.
You agree to resolve any dispute or claim that you may have against us and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New york.
We may contact you and send you notice via e-mail, regular mail, Short Message Services (‘SMS’), fax messages and postings on iMedix. You may contact our customer relations, by using the ‘contact us’ form on iMedix, or by using our contact details hereunder. We reserve the right to publish in public – including on iMedix – any communications with you, as long as your personal details shall not be revealed without your prior consent. All communications between us shall be deemed as received after one business day.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, shall be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
The United Nations Convention on Contracts for the International Sale of Goods shall not govern the Terms.
Changes in Ownership
We may incorporate iMedix as a separate company or transfer ownerships rights and title in iMedix, to a third party, provided that your rights according to the Terms are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in iMedix and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you shall be null and void without our prior explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms.
“Including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.