Please read the following Terms of Use (the “Terms”) carefully before accessing Quiz Anatomy as they govern your use of Quiz Anatomy and the services and Content accessible therein (together hereinafter referred to as the “Services”) and set out important information regarding 3D4 and your obligations.
- Agreement to Terms of Use
- By downloading, installing or using the Services, you indicate that you understand these Terms and accept all the Terms contained herein and agree to be bound by such Terms. If you do not accept all the terms of this agreement (the “Agreement”), then you may not use the Services. 3D4 may modify the Terms at any time, at its sole discretion. If 3D4 does so, 3D4 will let you know by either posting the modified Terms on www.3d4medical.com, in the Services or through other communications. It is important that you review the Terms whenever they are modified as if you continue to use the Services after 3D4 has posted modified Terms, you are indicating that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. As the Services will always be evolving, 3D4 may change or discontinue all or any parts, features, components or functions of the Services, including the introduction of paid features at any time, without notice and at its sole discretion.
- Registration & Creating an Account
- In order to access and begin to use the Services, you will be required to register your details and create an account (an “Account”). By creating an Account, you represent that you are 13 years or older and are not prohibited from using the Services under the relevant laws. You will be required to provide some basic personally identifiable information (PII), the safeguarding and data processing of which is set out in our Privacy Policy . You can create an Account in the application or Website, or you may be able to do so through your account with certain third party services such as Facebook, Twitter or Google (each an “SNS Account”). If you choose the SNS Account option, 3D4 will create your Account by extracting certain personal information from your SNS Account, such as your name and email address and other personal information that your privacy settings on the SNS Account permit 3D4 to access. It is important that you provide 3D4 with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.
- You will also be required to create a username and password. You are responsible for maintaining the confidentiality of your Account and password and agree to notify 3D4 if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are, at all times, responsible for the activities carried out under your Account, whether or not you know about them.
- 3D4 reserves the right to suspend or terminate your Account if any information provided during the registration process, or thereafter, proves to be false, inaccurate or misleading or is provided in an effort to use a username that violates these Terms.
- When creating an Account, do not:
- use a username that is the name of another person with the intent to impersonate that person;
- use a username that is offensive, vulgar, obscene or otherwise in bad taste;
- use a username that is subject to the rights of another person without the proper authorization;
- register more than one account with the purpose of creating a ‘dummy account’. 3D4 reserves the right to decide if an account is a dummy account and to take appropriate action;
- create an Account for another person without their permission.
- Feedback
- 3D4 welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit such feedback by emailing 3D4 at [email protected]. You hereby grant to 3D4 a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Services, without attribution of any kind, any suggestions, enhancements requests, recommendations, proposals, corrections or other feedback or information provided by you in relation to the App.
- Privacy / Personal Information
- For information about how and what information we collect, use, store and disclose regarding our users, please refer to our Privacy Policy, accessible at www.3d4medical.com/privacy-policy (or such other URL as specified by 3D4), as may be updated by 3D4 from time to time
- Content
- “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. 3D4 exclusively owns all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark and other appropriate laws of the United States and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice incorporated or accompanying the Services.
- The Content has not been verified or authenticated by 3D4, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge that you take sole responsibility for and assume all risk arising from your use of or reliance on the Services.
- License Granted
- Subject to your compliance with these Terms, 3D4M grants you a limited, non-exclusive, non-transferable, non-subicensable, revocable license to access, view and interact with the Services solely in connection with your permitted use of the Services and solely for your personal non-commercial use.
- Rights & Restrictions
Subject to your compliance with these Terms, you have the right to download and install a copy of Quiz Anatomy on your device and to access and use the Services, for your own personal non-commercial use. You will not attempt to:
- interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Services);
- copy, modify or distribute the Services for any purpose;
- transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
- decompile, reverse-engineer, disassemble, or create derivative works of the Services;
- probe, scan or test the vulnerability of any 3D4 system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 3D4 or any of 3D4’s providers or any other third party (including another user) to protect the Services;
- use any meta tags or other hidden text or metadata utilizing a 3D4Medical trademark, logo, URL or product name without 3D4’s express written consent;
- access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 3D4;
- make the functionality of the Services available to multiple users through any means;
- use the Services, or any portion thereof, for any professional or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms, where professional or commercial purposes include the display, broadcast or transmission of the Services or Content to two or more users in an instructional or educational capacity or any environment on a more than a ‘once-off’ basis;
- collect or store any personally identifiable information of other users of the Services without their express permission;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
- encourage or enable any other individual to do any of the foregoing.
- Trial Period
- Trial Period means the trial period, during which your use of the Services are provided without registration.
- Your Image
- Your Image means your name, picture, avatar and likeness. Your Image may be used in connection with providing the Services and for marketing and promotional purposes in connection with the business of 3D4 and its affiliates. Other than those rights specifically granted to 3D4 herein, all right, title and interest in and to Your Image are expressly reserved by you.
- Monitoring
- You acknowledge and agree that 3D4 is not obliged to police or monitor access to or use of the Services, but that it has the right to do so for the purposes of operating the Services, ensuring compliance with these Terms, and in order to comply with applicable law or other legal requirements. You will use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. 3D4 reserves the right, but is not obliged, to remove or disable access to any Content, at any time and without notice. 3D4 has the right to investigate violations of these Terms or conduct that affects the Services. 3D4 may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Copyright Policy
- 3D4 respects copyright law and expect its users to do the same. It is 3D4’s policy to terminate, in appropriate circumstances and in its sole discretion, the Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Availability of Services
- 3D4 will use commercially reasonable efforts to make the Services available to you without interruption as much as reasonably possible, subject to any downtime for system maintenance, upgrades, or any unforeseen circumstances.
- Unauthorized Disclosure
- If either party believes that there has been a disclosure of Account Information in a manner that is not authorized under these Terms, they will promptly notify the other. Additionally, each party will reasonably assist the other party in remediating or mitigating any potential damage, including any notification that should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
- Changes to Services
- If 3D4 makes any material changes to the Services, you will be notified within the. Notwithstanding the above, 3D4 has no obligation to update or enhance the Services or to produce or release new versions of same.
- User-Eligibility
- You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
- Support
- As part of the Services, and although not obliged to do so, 3D4 may provide 3D4’s standard support services as set out at www.3d4medical.com/category/support, or such other URL as specified by 3D4, and as may be updated by 3D4 from time to time.
- Enforcement
- You will promptly notify 3D4 of any suspected or alleged breach of these Terms and will cooperate with 3D4 with respect to: (i) any investigation by 3D4 of any suspected or alleged breach of these Terms; or (ii) any action by 3D4 to enforce these Terms.
- Telecommunications and Internet Services
- You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. 3D4Medical will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
- Warranty Disclaimers
- THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE PROVIDED AS “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, 3D4 EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. 3D4 MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 3D4 MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL OR ANATOMICAL ACCURACY), TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3D4, OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 3D4 DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES OR AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE.
- Indemnity
- Subject to any conditions set out in this section with regard to indemnification, 3D4 will defend any suit or action brought against you to the extent that it is based upon a third party claim that the Services, as provided to you by 3D4 pursuant to these Terms, infringe any patent or copyright or misappropriate any trade secret, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are awarded in final judgment against or paid in settlement by you.
- To the extent permitted by applicable law, you will defend 3D4 Indemnitees, from and against any action or suit brought against a 3D4 Indemnitee by a third party in connection with, arising out of, resulting from or caused by: (i) your negligence or intentional misconduct; (ii) your provision of medical care; (iii) your use of the Services (other than any claim for which 3D4 is responsible under this section); (iv) a claim that serious health event or bodily injury resulted from your use of the Services; (v) your violation of any term or your breach of any warranty herein, or your misrepresentation under these Terms, including without limitation, the User Representations; (vi) your violation of any third party right, including without limitation any copyright, property or privacy right; and will pay any costs, damages and reasonable attorneys’ fees attributable to or awarded with respect to such claim. This defence and indemnification obligation will survive these Terms and your use of the Services.
- Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 3D4 OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3D4 HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT IT WAS FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3D4 AND YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3D4’S TOTAL AGGREGATE LIABILITY ARISING UNDER THESE TERMS, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF $100 OR TOTAL FEES PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT, IF ANY, DURING THE 12 (TWELVE) MONTHS PRIOR TO THE DATE OF 3D4’S ACT OR OMISSION GIVING RISE TO ANY LIABILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. WHERE THEY DO APPLY, THE LIMITATIONS OF LIABILITY AS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS AND THE BASIS OF THE BARGAIN BETWEEN YOU AND 3D4.
- Termination
- The term of this Agreement begins when you download the Services and ends when either: (a) you cancel your Account by sending an email to [email protected] at any time and requesting the cancellation of your Account; or (b) 3D4 may terminate your access to and use of the Services, at its sole discretion and without notice to you.
- Upon termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms, which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
- Governing Law
- This Agreement and action related thereto will be governed by and construed in accordance with the laws of the State of California, without regard to or application of its conflict of laws rules or principles.
- General
- Entire Agreement – These Terms constitute the entire and exclusive understanding and agreement between you and 3D4 regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 3D4 and you regarding the Services. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. If any provision of these Terms and/or the Privacy Policy is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and/or the Privacy Policy will remain in full force and effect.
- Assignment – You may not assign, delegate or transfer this Agreement or any rights granted hereunder, in whole or in part, by operation of law or otherwise, without 3D4’s prior written consent, and any attempt by you to do so, without such consent, will be null and void. 3D4 may freely assign or transfer this Agreement, in whole or in part, without restriction, by operation of law or otherwise. Subject to the foregoing, these Terms will inure to the benefit of the parties, their successors and permitted assigns.
- Remedies – Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
- Waiver & Severability – The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
- Force Majeure – Neither party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a reasonable period of time equal to the time lost due to any delay so caused.
- Relationship of the Parties – The parties to this Agreement are independent contractors and this Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
- Questions & Contact information
- If you have any questions regarding this Agreement, please contact 3D4 at [email protected].