Terms of Use for Users in Hospitals
vCreate Ltd ("vCreate," "we," or "us") offers an online secure video service. By registering for a user account or by using the vCreate Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and vCreate. If you do not wish to be bound by this Agreement, do not use the vCreate Service.
License to Use the vCreate Service
vCreate grants you a limited, non-exclusive license to access and use the vCreate Service for your own personal purposes. This includes the right to view content available on the vCreate Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the vCreate Service for commercial purposes unless permitted in writing by vCreate.
RESTRICTIONS: Except as expressly permitted by vCreate in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the vCreate Service or any source code therein. Nor will you attempt to circumvent any of vCreate's technical measures or take any measures to interfere with or damage the vCreate Service. All rights not expressly granted by vCreate are reserved.
Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
Membership
REGISTRATION: To fully use the vCreate Service, you must register for a user account by providing a valid email address and password. You must provide complete and accurate registration information to vCreate and are responsible for maintaining your own information.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorised or unauthorised users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the vCreate Service. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately.
Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the vCreate Service and continues for as long as you have an account with us.
ACCOUNT REMOVAL: You may request removal of your account at any time. Accounts may be deleted from the vCreate Service if they remain inactive (i.e. the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: vCreate may suspend, disable, or delete your account (or any part thereof) or block or remove any content if vCreate determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage vCreate's reputation and goodwill. If vCreate deletes your account for the foregoing reasons, you may not re-register for the vCreate Service. vCreate may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by vCreate will terminate. In the event of account deletion for any reason, content specific to you may no longer be available. vCreate shall not be responsible for the loss of such content.
Content Restrictions
You may not post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g. trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law
Code of Conduct
In using the vCreate Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others;
vCreate has the right, but not the obligation, to monitor all conduct on and content submitted to the vCreate Service.
Indemnification
You will indemnify, defend, and hold harmless vCreate and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the vCreate Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to vCreate violates any law or infringes any third party right, including any intellectual property or privacy right.
Disclaimers
vCreate reserves the right to modify the vCreate Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the vCreate Service. vCreate has no obligation to screen or monitor any content and does not guarantee that any content available on the vCreate Service complies with this Agreement or is suitable for all users.
vCreate provides the vCreate Service on an "as is" and "as available" basis. You therefore use the vCreate Service at your own risk. vCreate expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, vCreate makes no representations or warranties:
- That the vCreate Service will be permitted in your jurisdiction;
- That the vCreate Service will be uninterrupted or error-free;
- Concerning any content uploaded by System Administrators;
- That any content you submit will be made available on the vCreate Service or will be hosted by vCreate;
- That vCreate will continue to support any particular feature of the vCreate Service; or
- Concerning sites and resources outside of the vCreate Service, even if linked to from the vCreate Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the vCreate Service, and no warranties shall apply after such period.
Limitation of Liability
To the fullest extent permitted by law: (i) vCreate shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) vCreate's total liability to you shall not exceed the amounts paid by you to vCreate over the twelve (12) months preceding your claim(s).
General Provisions
GOVERNING LAW: The Contract shall be governed by English law.
DISPUTES: In the event of any dispute arising under the Contract Both of Us will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed by Both of Us, the mediator will be appointed by CEDR. No party may commence court proceedings in respect of any dispute arising out of the Contract until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by vCreate in exercising any right hereunder will waive any further exercise of that right. vCreate's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without vCreate's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all service-related communications including notices, agreements, disclosures, or other information from vCreate electronically. If you choose to opt-in to receive vCreate news then you further consent to receiving communications from vCreate including news, feature updates and publicity requests. vCreate may provide all such communications by email or by posting them on the vCreate Service. For support-related inquiries, you may contact us via the help website.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by vCreate on the vCreate Service or Website or a written amendment signed by an authorised representative of vCreate. A revised Terms of Service will be effective as of the date it is posted on the vCreate Service or Website.