ESIR ONLINE TERMS AND CONDITIONS
These terms and conditions (the "ESIR online Terms and Conditions") govern, and shall form the legal agreement between you and CIRSE Cardiovascular and Interventional Radiological Society of Europe ("CIRSE") relating to, your use of ESIR online (the "ESIR online Service") provided by CIRSE.
- THE ESIR ONLINE SERVICE
CIRSE is the provider of the ESIR online Service, which permits you to purchase or acquire free of charge, as applicable with respect to a particular ESIR online Service, a license for downloads or streaming of video recordings and other digital content (the "Products") from the ESIR database (the "ESIR Database") under these ESIR online Terms and Conditions.
- USER ACCOUNT, ACCESS
2.1 In order to being able to purchase Products you will be required to maintain a personal user account (the "User Account"). Your User Account is established by CIRSE upon your registration as member of CIRSE or upon your registration for an event organized by CIRSE, an entity affiliated with CIRSE or the CIRSE Foundation, such as for example the CIRSE annual meeting (each a "CIRSE Event"). You are solely responsible for maintaining the confidentiality and security of your User Account and for all activities that occur on or through your User Account, and you agree to immediately notify CIRSE of any security breach of your User Account. CIRSE shall not be responsible for any losses arising out of the unauthorized use of your User Account.
2.2 You agree that CIRSE may store and use such information and data you provide in the course of your registration as member of CIRSE or upon your registration for a CIRSE Event for purpose of maintaining your User Account and administration of your purchase of Products.
2.3 You acknowledge and agree that your access to the ESIR online Service and/or the ESIR Database may be limited with respect to time and access area.
- PAYMENTS, PRICE AND TAXES
3.1 CIRSE does only accept payment of Products through payment by credit card. You agree that CIRSE may charge your credit card for any Products purchased (including any taxes). You are responsible for providing CIRSE with a valid credit card. The purchase price and applicable taxes will be billed to the credit card you designate during the payment process.
3.2 The total price for your purchased Products will include the price of the Product plus any applicable VAT (in effect on the day of download). Until a purchase is made, CIRSE reserves the right to change prices for Products offered for purchase through the ESIR online Service at any time, and CIRSE does not grant any price protection or refunds in case of a subsequent price reduction.
You have the right to withdraw from your purchase without charge and without giving any reason until delivery of the product has started. You do not have the right to withdraw from a purchase once delivery of the product has started at which point your purchase is final. Delivery of the purchased Products commences immediately when you begin to download or stream a Product from the ESIR Database and you will not have a right to cancel your contract once the download or stream commences.
- REQUIREMENTS FOR USE OF THE ESIR ONLINE SERVICE
Use of the ESIR online Service requires or may require compatible devices, Internet access, certain software, periodic updates and may be affected by the performance of these factors. High-speed Internet access may be recommendable in particular in case of regular use and for e-Learning / CME related products. You agree that these requirements, which may change from time to time, are your responsibility.
Except as otherwise stated in these ESIR online Terms and Conditions, the ESIR online Service is subject to the CIRSE Privacy Rules.
- CME (CONTINUING MEDICAL EDUCATION) ACCREDITED PRODUCTS, CME CREDITS
Certain Products have been accredited by the European Accreditation Council for Continuing Medical Education (EACCME) (the "Accredited Products"; such Accredited Products shall also be comprised by the definition of "Products"). You may acquire CME credits with respect to the Accredited Products if you successfully pass the exam as provided for by and in accordance with the guidelines and regulations set by the European Accreditation Council for Continuing Medical Education (EACCME).
- CONTENT AVAILABILITY, VALIDITY OF ACCREDITATION
8.1 CIRSE reserves the right to change content of the ESIR online Service at any time and without notice.
8.2 You acknowledge and agree that Accredited Products are accredited and valid for a certain period only. Upon expiry of that period, you will no longer be able to acquire CME credits even if such Accredited Products should still be available for purchase through the ESIR online Service.
- USE OF PRODUCTS
You acknowledge and agree that the Products are provided to you by way of a personal, non-transferable, non-exclusive and timely limited license only. You represent, warrant and agree that you will use the ESIR online Service and the Products only for your personal, non-commercial, learning and educational use and not for any redistribution of the Products or other use restricted in this section. You agree not to infringe the rights of the Product's copyright owners and to comply with all applicable laws in your use of the ESIR online Service and the Products. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Products. You are not granted any synchronization, public performance, promotional use, commercial sale, resale and reproduction or distribution rights for the Products. You acknowledge that the Products embody the intellectual property of third parties and are protected by law.
- THIRD-PARTY MATERIALS, LINKS
Certain content and Products available via the ESIR online Service may include materials from third parties. CIRSE may provide links to third-party websites as a convenience to you. You acknowledge and agree that CIRSE is not responsible for examining or evaluating the content or accuracy and CIRSE does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
- OBJECTIONABLE MATERIAL
You understand that by using the ESIR online Service, you may encounter material that you may deem to be offensive, indecent, or objectionable. You acknowledge and agree to use the ESIR online Service at your sole risk and CIRSE shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
- INTELLECTUAL PROPERTY
12.1 You acknowledge and agree that the ESIR online Service, including but not limited to Products, graphics, user interface, editorial content, and the scripts and software used to implement the ESIR online Service, contains proprietary information and material that is owned by CIRSE and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You acknowledge and agree that you will not use such proprietary information or materials in any way whatsoever except for use of the ESIR online Service in compliance with these ESIR online Terms and Conditions. No portion of the ESIR online Service may be reproduced in any form or by any means, except as expressly permitted in these ESIR online Terms and Conditions. You agree not to modify, rent, lease, sell, distribute, or create derivative works based on the ESIR online Service in any manner, and you shall not exploit the ESIR online Service in any unauthorized way whatsoever.
12.2 Notwithstanding any other provision of these ESIR online Terms and Conditions, CIRSE and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials that are offered by the ESIR online Service without notice. In no event will CIRSE be liable for making these changes. CIRSE may also impose limits on the use of or access to certain features or portions of the ESIR online Service, in any case and without notice or liability.
12.3 CIRSE and/or its licensors own the copyright in the ESIR online Service and the Products, including the compilation of content, links to other Internet resources, and descriptions of those resources. The use of any part of the ESIR online Service, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to penalties, including possible monetary damages, for copyright infringement.
- TERMINATION OF USER ACCOUNT, DISCONTINUATION OF SERVICE
13.1 If you fail, or CIRSE has strong grounds to believe that you have failed, to comply with any of the provisions of these ESIR online Terms and Conditions, CIRSE, at its sole discretion, without notice to you may terminate your User Account and/or preclude access to the ESIR online Service.
13.2 You acknowledge and agree that your User Account may be terminated by CIRSE (a) upon expiry of your membership with CIRSE, or (b) after expiry of the respective applicable period after the CIRSE Event was held in case your User Account was established as a result of and upon your registration of such CIRSE Event.
13.3 CIRSE reserves the right to modify, suspend, or discontinue the ESIR online Service (or any part or content thereof) at any time and CIRSE will not be liable to you or to any third party should it exercise such rights. To the extent possible, CIRSE will warn you in advance of any modification, suspension or discontinuance of the ESIR online Service.
- LIMITATION OF LIABILITY
14.1 CIRSE will provide the ESIR online Service with reasonable care and skill. CIRSE does not make any warranties about the ESIR online Service and in particular does not warrant that (i) your use of the ESIR online Service will be uninterrupted or error-free; and (ii) the ESIR online Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and CIRSE disclaims any liability relating thereto. You agree that from time to time CIRSE may remove the ESIR online Service for indefinite periods of time, or cancel the ESIR online Service at any time for technical or operational reasons.
14.2 CIRSE shall in no event be liable for any direct, indirect, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with your use of the ESIR online Service.
14.3 If you breach these ESIR online Terms and Conditions, you will be liable to CIRSE for any claim arising out of your breach.
CIRSE reserves the right at any time to modify these ESIR online Terms and Conditions and to impose new or additional terms or conditions on your use of the ESIR online Service.
16.1 You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
16.2 If any part of these ESIR online Terms and Conditions is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts shall remain in full force and effect.
16.3 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the ESIR online Service. These ESIR online Terms and Conditions and the use of the ESIR online Service shall be governed by Austrian law.
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