TERMS AND CONDITIONS

1. Introduction

1.1. Welcome to Beemed! Beemed (“we” or “us”) is an online global learning platform whose mission is to create a learning community around the world to collect and develop physicians and other individuals’ knowledge and to disseminate it effectively and globally. Our essential infrastructure and organizational framework serve this mission.

1.2. We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of Beemed, and we encourage you to join the Beemed community. Before you participate, however, we kindly ask you to read and agree to the following Terms and Conditions (“Terms”). These Terms govern the use of all websites (“Sites”) and related Services (as defined below) owned, operated and provided by Beemed SA. Your use of the Sites and Services is conditional on you complying with these Terms.

1.3. Please be aware that you are legally responsible for all of your contributions, edits, and re-use of any Beemed content under the laws of Switzerland and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only and does not substitute the expert advice from a qualified professional for a particular question.

1.4. Under this Terms you agree to indemnify, defend and hold us, our officers and employees harmless from and against all claims, losses, expenses, damages and costs including legal fees resulting from any violation of this Terms by you.

1.5. We also include other important notices and disclaimers, so please read these Terms in their entirety.

1.6. An application for registration by you to us (where relevant) will constitute an offer by you to become a Registered User or a Subscriber on these Terms and any other terms applicable to the specific registration or subscription (including, without limitation, terms relating to the Creative Commons licenses, the applicable charges and period of any subscription). You will not become a Registered User or a Subscriber nor be entitled to access or receive Sites, Content or Services relating to the relevant registration unless and until we notify you of our acceptance of such offer, by providing you with a user name and password or otherwise (in accordance with the registration process on that Site).

2. Definitions

2.1. “Content” means all content, information, services and software provided on or through this Site.

2.2. “You / Your” means (as appropriate) the Visitor, Registered User and/or Subscriber accessing a Site or using a Service.

2.3. “We/us/our” means Beemed SA.

2.4. “Postings” means any ideas, expression of ideas or text, graphic, messages, links, data, video, information or other materials you submit to the Site.

2.5. “Registered User” means the user of certain Sites and/or Services who has registered with us in order to access such Sites and/or Services under clause 4.1(a).

2.6. “Subscriber” means a user of our sites and or services who has registered for our subscription services under clause 4.1(b).

2.7. “Services” means

(a) the supply of on-line or electronic information, publications and data products (including, without limitation, the delivery of the same over the internet, or via mobile phone apps or other digital services);

(b) the supply of hard-copy publications and other materials; and

(c) other services relating to a Site (including, without limitation, any interactive areas.)

2.8. “Visitor” means a user who accesses our Sites without registration or subscription.

3. Limitation of Liability

3.1. In particular, we disclaim all liabilities in connection with the following:

3.1.1. incompatibility of the Site with any of your equipment, software or telecommunications links;

3.1.2. technical problems including errors or interruptions of the Site;

3.1.3. unsuitability, unreliability or inaccuracy of the Site; and

3.1.4. inadequacy of the Site to meet your requirements.

3.2. Content provided on the Site is not intended to and does not constitute medical advice. Postings to the Site are not confidential. We do not warrant or guarantee the accuracy, adequacy of the Content. Your use of the Content of the Site or materials linked to the Site is at your own risk.

3.3. We do not guarantee delivery of any news briefing.

4. Registration and Subscriptions

4.1. In order to access certain Sites (or specific Content within certain Sites), and/or to receive certain Services, you must register with us as either a Registered User or a Subscriber, as follows:

(a) certain Sites, Content and or Services are available free of charge once you register with us, in which case you may access or receive them on these terms as a Registered User; or

(b) charges are payable for receipt of certain Services (which may include access to Sites and Content), in which case you may receive such Services on these terms as a Subscriber who has paid the relevant charges for a specified time period, and either a specified number of licensed users or a site license. IP authentication can be set up for automatic login to the Site. The Subscriber must only submit IP addresses specific to the Subscribing office(s) and provide notifications of any changes.

4.2. When you register, you will be given one or more user names and passwords, as appropriate for your registration or Subscription to the relevant Site or Service.

4.3. Except to the extent that a user name and password is intended for more than one licensed user as agreed by us in writing, the following are not permitted:

(a) any Registered User, Subscriber or licensed user under any subscription sharing their user name and password with any other person or entity, including with any agent of such user; nor

(b) access through a single user name and password being made available to multiple users on a network.

4.4. Notwithstanding the restrictions in clause 4.3 above, you are responsible for all access and use of any Site or Service by you or anyone else using any of your user names and passwords and for preventing unauthorized use of any of your usernames and passwords. You must notify us of any breach of security (such as disclosure, theft or unauthorized use of any user name, password or any payment information).

5. Submitting text for publication on the Sites

5.1. Users of the Site may submit Postings in various areas of the site, including our encyclopedia, e-courses and news.

5.2. We accept no liability in respect of any Postings published by us and we are not responsible for its content and accuracy.

5.3. If You want to submit material to us for publication on the Sites, You may do so on the following terms and conditions:

5.3.1. Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text, graphics, photos, etc. prior to publication, or to refuse publication.

5.3.2. You warrant that the Postings is not obscene, offensive, defamatory of any person or otherwise illegal.

5.3.3. You agree not to post material which is deliberately intended to upset other users.

5.3.4. We reserve the right to remove your access to individual services completely if we believe you are abusing the services in any way.

5.4. Licensing of Postings: you are welcome to join as a contributor, editor, or author, but you shall follow the policies that govern Beemed Sites. To grow the commons of knowledge and culture, all users contributing to the content hosted by Beemed are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. You agree to the following licensing requirements:

5.4.1. Text to which you hold the copyright: when you submit a publication to which you hold the copyright, you agree to license it under Creative Commons Attribution-ShareAlike 4.0 license (“CC BY-SA”). The only exception is if the Posting edition or feature requires a different license. In that case, you agree to license any text you contribute under that particular license. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.

5.4.2. Attribution: Attribution is an important part of these licenses. We consider it giving credit where credit is due – to authors like yourself. When you contribute a publication, you agree to be attributed in any of the following fashions:

(a) Through hyperlink (where possible) or URL to the article to which you contributed (since each article has a history page that lists all authors);

(b) Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Postings website; or

(c) Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).

5.4.3. Importing text: You may import text that you have found elsewhere or that you have co-authored with others, but in such case you warrant that the text is available under terms that are compatible with the CC BY-SA 4.0 license (or, as explained above, another license when exceptionally required by the Postings edition or feature)("CC BY-SA"). You agree that, if you import text under a CC BY-SA license that requires attribution, you must credit the author(s) in a reasonable fashion. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where we decide that imported text cannot be used for that reason.

5.4.4. Non-text media: Non-text media on the Postings are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. When you contribute non-text media, you agree to comply with the requirements for such licenses as described under these Terms, and also comply with the requirements of the specific Postings edition or feature to which you are contributing.

5.4.5. No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms for text content or non-text media contributed to Beemed, the Beemed Postings or features, even if you terminate use of our services.

5.4.6. Public domain content: Beemed accepts content that is in the public domain. However, it is important that you confirm the public domain status of the content under the laws of Switzerland as well as any other applicable laws. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.

5.4.7. Re-use: Re-use of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under copyright law. Any re-use must comply with the underlying license(s). When you re-use or re-distribute a text page developed by the Beemed community, you agree to attribute the authors in any of the following fashions:

(a) Through hyperlink (where possible) or URL to the page or pages that you are re-using (since each page has a history page that lists all authors and editors);

(b) Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Postings website; or

(c) Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).

If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license. In that case, you agree to comply with the compatible CC BY-SA license. In addition, please be aware that text that originated from external sources and was imported into a Beemed Sites may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Posting, such requirements may appear for example in a banner or other notation pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them. For any non-text media, you agree to comply with whatever license under which the work has been made available. When re-using any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses.

5.4.8. Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from a Beemed Sites, you agree to license the modified or added content under CC BY-SA 4.0 (or, as explained above, another license when exceptionally required by the specific Posting edition or feature). When modifying or making additions to any non-text media that you have obtained from a Beemed Site, you agree to license the modified or added content in accordance with whatever license under which the work has been made available. With both text content and non-text media, you agree to clearly indicate that the original work has been modified. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself.

6. Use of Website

6.1. You may only use the Site for lawful purposes. In particular you may not:

6.1.1. transmit any content that is disruptive, uncivil, abusive, vulgar, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, which would encourage the commission of a criminal offence or which discloses private or personal matters concerning any person;

6.1.2. transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary obligations (as in nondisclosure agreements);

6.1.3. transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer or our systems;

6.1.4. Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of the Site;

6.2. You acknowledge that we accept no liability for any services or other material provided to you through the Site where such services and/or material is provided by third parties who provide content to the service or whose services and/or materials are hypertext linked from and to the Site.

6.3. You agree to indemnify, defend and hold us, our officers and employees harmless from and against all claims, losses, expenses, damages and costs including reasonable legal fees, resulting from any violation of these Terms by you or arising from or related to any Postings uploaded or submitted by you.

6.4. For the avoidance of doubt, we reserve the right at our discretion to refuse to provide access to the Site and or suspend access to the site if a Subscriber/Registered User is found to be misusing Content in certain areas of the Sites.

6.5. You are responsible for your own actions: You are legally responsible for your edits and contributions, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws.

7. Privacy Policy

7.1. We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, please also be aware that Beemed is compliant with the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

7.2. Personal information that we collect will be stored and processed in Spain or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

[SEE OUR PRIVACY POLICY]

8. Disclaimers

8.1. We do our best to provide educational and informational content, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

8.2. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms.

8.3. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

9. Refraining from Certain Activities

9.1. We encourage you to be civil and polite in your interactions with others in the Beemed community, to act in good faith, and to make edits and contributions aimed at furthering the mission and services of Beemed.

9.2. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites.

10. Subscription Charges and Payments

10.1. Subscribers must pay certain charges in order to receive the relevant subscription Service. All payments including applicable taxes must be made in any currency that we may specify. For the avoidance of doubt, if any tax is withheld the Subscriber must pay an additional sum to cover the shortfall. If we do not receive payment for any charges due, we may immediately suspend your rights in relation to the relevant Service (including any relevant Site and/or Content)

10.2. Payment must be made by the Subscriber immediately upon receipt of an invoice. If any surplus payment is made by the Subscriber, we will request clarification. If no response to the request for clarification is received within six months, we will be entitled to retain such funds.

10.3. The Subscription cannot be cancelled once it has started for the contracted subscription period. At the end of the Subscription period the online access will expire. A renewal process for the Subscription Service will commence upon written agreement between You and Us.

10.4. In the event of a breach of any of these terms we may choose to cancel access to and any use of the Sites and Content.

11. Password Security

You are responsible for safeguarding your own user and password and should never disclose it to any third party.

12. Trademarks

Although you have considerable freedoms for re-use of the content on Beemed, it is important that we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Beemed trademarks belong to Beemed SA, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms.

13. Third-party Websites and Resources

You are solely responsible for your use of any third-party websites or resources. Although the Postings contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

14. Other Terms

14.1. These Terms do not create an employment, agency, partnership, or joint venture relationship between you and us. If you have not signed a separate agreement with us, these Terms are the entire agreement between you and us. If there is any conflict between these Terms and a signed written agreement between you and us, the signed agreement will control.

14.2. You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Project websites.

14.3. You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us.

14.4. We should not be liable to you and you should not be liable to us, for any loss or damage which may be suffered by the other party due to any cause beyond your or our reasonable control, including without limitation any power failure and the actions of internet service providers and users.

15. No Waiver

Any failure by us to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

16. Variation of these Terms

We reserve the right to vary these terms from time to time.

17. Bribery

We warrant that we do not engage in bribery, do not direct, authorize or knowingly permit any person who acts on our behalf or provide services to us to engage in bribery and we will not at any time engage in or direct, authorize or knowingly permit a person on our behalf or providing services to us to engage in bribery.

18. Law

These Terms shall be construed in accordance with, and the provision of the service on the Site shall be governed by, Swiss law.

19. Miscellaneous

19.1. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

19.2. We will respect your personal information and comply with all applicable laws relating to data protection, the processing of personal data and privacy, including:

19.2.1. Federal Act on Data Protection of 19 June 1992; and

19.2.2. (with effect from 25 May 2018) the General Data Protection Regulation (EU) 2016/679;

19.3. The sites beemed.com and encyclopedie.beemed.com are owned by Beemed SA a company registered in Switzerland whose registered office is at rue du Général-Dufour 5, c/o Gonet Conseils Finances SA, 1204 Geneva, Switzerland.

19.4. The sites beemed.com and encyclopedie.beemed.com are operated by Originfood Sàrl, rue du Liseron 7, 1006 Lausanne, Switzerland.

[SEE OUR PRIVACY POLICY].