TERMS AND CONDITIONS FOR USE AND PARTICIPATION
For the OntoSurgery online platform
As of April 2021
1. Subject of the Terms and Conditions for Use and Participation
1.1. OntoSurgery (hereinafter also referred to as "OntoSurgery") shall as a service provider in compliance with Section 16 of the E-Commerce Act offer the OntoSurgery service (hereinafter also referred to as "OntoSurgery") which provides a platform for workshops, blended learning and scientific exchange within the medical field to duly registered participants.
1.2. The present Terms and Conditions for Use and Participation regulate the provision of OntoSurgery by OntoSurgery as well as the use of these services by duly registered participants.
1.3. OntoSurgery reserves the right to change these Terms and Conditions for Use and Participation at any time and with effect also within the existing contractual relationships. OntoSurgery will notify the participant of such changes at least [30 calendar days] prior to the planned time at which the changes shall enter into force. Should the participant not object to these changes within [30 days of receiving notice] and also continue to make use of the services subsequent to the expiry of the objection period, the changes shall be deemed to have been effectively agreed upon from the expiry of the period. In the notice of change, OntoSurgery shall inform the participant of their right to object, the relevant deadlines for exercising this and the legal consequences for failure to comply with these deadlines.
3. Participant registration, handling of access data, termination of participation
3.1. Each use of OntoSurgery requires the participant to log in. Participation is permitted solely for natural persons from the fields of medicine, healthcare and pharmaceutics who are older than 18 years of age.
3.2. Registration is completed upon entering name and email address as well as specifying an individual user name and password. Alternatively, you can log in via your own account from other online systems (e.g. social media LinkedIn, Facebook, etc.). The contact details and other information requested by OntoSurgery during the registration process must be provided in full and correctly by the participant.
3.3. After the participant has entered all registration data, OntoSurgery will review them for completeness and plausibility. If OntoSurgery believes the information to be correct and OntoSurgery has no other concerns, OntoSurgery shall grant access. Once access has been granted, the participant is entitled to use OntoSurgery within the framework of these Terms and Conditions for Use and Participation until the respective log-out.
3.4. Access data, including the password, must be kept secret and not disclosed to unauthorised third parties.
3.5. It is also the sole responsibility of the participant to ensure that access to OntoSurgery and use of the services available on the platform are carried out exclusively by the participant or by persons authorised by them. Should you be concerned that unauthorised third parties have obtained or will obtain knowledge of participant login details, OntoSurgery must be informed immediately.
3.6. The participant is obliged to keep their data (including contact details) up to date. Should there be a change in the data provided over the course of participation, the participant must immediately notify OntoSurgery accordingly.
4. Services and content on OntoSurgery
4.1. OntoSurgery shall provide the participant on OntoSurgery with services and content for workshops, blended learning and scientific exchange in the medical field. In particular, the participant is able to prepare and model clinical processes (e.g. workflows, processes, guidelines). The participant must adhere to the current state of medical knowledge and the corresponding available international guidelines. The participant is able to create, supplement, rearrange, reduce and expand the models of the clinical processes in OntoSurgery.
• Furthermore, they are able to provide these process models with explanations consisting of texts, learning objectives, exercises, graphics, photos, videos and other illustrations. They are able to insert, upload and change these texts, graphics, photos, videos, etc.
• The data must be edited by the participant and anonymised in advance. All data created in this way can be shared with members of the medical community (who are also registered as participants in OntoSurgery). As soon as the export function for other online or offline systems is available in OntoSurgery, no responsibility can be assumed for the exported data and its use in other systems by OntoSurgery.
4.2. Export of data for use in medical workshops, training and scientific exchange. The content and scope of the services are determined by the respective contractual agreements, or otherwise by the functionalities currently available on OntoSurgery.
4.3. The services available on the platform can also include third-party services (e.g. service providers) to which OntoSurgery merely provides access. For the use of such services – which are indicated as third-party services – provisions which supplement or differ from these Terms and Conditions for Use and Participation may apply, of which OntoSurgery shall inform you.
4.4. The right to use the services available on OntoSurgery exists only within the context of the technical and operational possibilities of OntoSurgery. OntoSurgery is committed to providing its services as seamlessly as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical issues with the data lines).
4.5. OntoSurgery is entitled at any time to change services provided on OntoSurgery, make new services available or cease providing services. In such cases, OntoSurgery will take the legitimate interests of the participants into account.
5. Content protection, responsibility for third party content
5.1. The content available on OntoSurgery is fundamentally protected by copyright or other protective rights and is the property of OntoSurgery, the participants or other third parties who have made the respective content available. The compilation of the content is as such in all cases protected as a database or database work. The participant may only use this content in accordance with these Terms and Conditions for Use and Participation as well as within the context specified on the platform.
5.2. The content available on OntoSurgery comes partly from OntoSurgery and partly from the participants or other third parties. Content from Participants and other third parties is collectively referred to as "third-party content". OntoSurgery does not review the completeness, correctness, legality or timeliness of third-party content. This also applies to the quality of the third-party content and its suitability for a specific purpose.
5.3. Unless expressly permitted in these Terms and Conditions for Use and Participation or on OntoSurgery, or made possible on OntoSurgery by a corresponding functionality,
• the participant is permitted solely to access and display the content available on OntoSurgery online for personal purposes, in particular for medical education, further study and advanced training or scientific use. This right of use is limited to the duration of the contractual participation in OntoSurgery;
• The participant is not permitted to edit, modify, translate, present or showcase, publish, exhibit, reproduce or distribute content available on the portal, either in whole or in part. It is also prohibited to remove or modify copyright notices, logos and other trademarks or protection notices.
5.4. The participant is entitled solely to download and print content if there is a function for downloading or printing respectively on OntoSurgery.
6. Extent of use, monitoring of use activities
6.1. The participant's right of use is limited to access to OntoSurgery and the use of the services available on OntoSurgery within the context of the provisions of these Terms and Conditions for Use and Participation.
6.2. The Participant is responsible for creating the necessary technical conditions in the participant's area of responsibility for the contractual use of the services. OntoSurgery is not required to offer any advice in this regard.
6.3. OntoSurgery points out that the use activities of the participant can be monitored to the extent that is legally permissible. This includes the logging of IP connection data and conversation histories, as well as their evaluation in the event of a concrete suspicion of a violation of the present Terms and Conditions for Use and Participation and/or a concrete suspicion of the existence of any illegal act or offence.
7. Participants posting their own content
7.1. Insofar as functionality is available on OntoSurgery, the participant may post content (especially videos, but also photos, texts, or the like) on OntoSurgery in compliance with the following provisions and thus make it available to third parties.
7.2. The participant bears full responsibility for the content posted by them. OntoSurgery does not engage in review of the content for completeness, accuracy, legality, timeliness, quality and suitability for a specific purpose.
7.3. The participant therefore declares and assures OntoSurgery that the participant is the sole owner of all rights to the content which they have posted on OntoSurgery, or is in any case entitled (e.g. through an effective permission of the rights holder) to post the content on OntoSurgery in accordance with these Terms and Conditions for Use and Participation and that it does not violate any third-party personal rights.
7.4. OntoSurgery reserves the right to reject the posting of content and/or edit, suspend or remove content already posted without prior notice, provided that the posting of the content by the participant or the content posted itself violate these Terms and Conditions for Use and Participation or there are concrete indications that these Terms and Conditions for Use and Participation may be violated. In such cases, OntoSurgery will, however, take the legitimate interests of the participant into account and choose the least stringent means to avert the violation.
7.5. By posting content, the participant grants OntoSurgery a non-exclusive, time and location unlimited, free and transferable right to use the respective content with regard to all currently known and future types of use, in particular
• saving the content on a server and publishing it, in particular making it publicly available (e.g. by displaying the content on OntoSurgery) to third parties as well, and
• for prints, photos, videos in online and offline media (e.g. for scientific purposes, education and further study as well as PR and advertising activities)
and in this context waives unconditionally and irrevocably, within the limits of what is legally permissible, all copyright and comparable rights.
7.6. OntoSurgery is expressly entitled to further license this right of use as granted in point 7.5. to third parties.
7.7. Provided that the participant removes the content posted by them from OntoSurgery, the right of use and exploitation granted to OntoSurgery in particular expires and takes effect as of the removal. However, OntoSurgery reserves the right to retain copies produced for security, verification and/or scientific or training purposes in compliance with the services mentioned above or to display them in the system.
8. Prohibited activities
8.1. The participant is prohibited from any activity on or in connection with OntoSurgery which violates applicable law or the rights of third parties. The following actions in particular are prohibited to the participant:
• the posting, distribution, offering and advertising of content, services and/or products which are deceptive and/or violate data protection law and/or any other law;
• the use of content which offends or slanders other participants or third parties or otherwise violates their rights;
• the use, provision and distribution of content, services and/or products which are protected by law or burdened with third-party rights (e.g. copyright, personal rights, data protection rights) without explicit authorisation.
8.2. Furthermore, regardless of a possible violation of the law when posting their own content on OntoSurgery and communicating with other participants, the participant is prohibited from engaging in the following activities:
• dissemination of viruses, trojans and other harmful files;
• sending junk or spam mail as well as chain letters;
• harassment of other participants, e.g. through repeated personal contact without or against the reaction of the other participant, as well as respective promotion and supporting of such harassment;
• requesting that other participants disclose their passwords or personal information for commercial or unlawful purposes;
• dissemination and/or public reproduction of content available on OntoSurgery, provided this is not expressly permitted by the respective author or functionality is expressly made available on OntoSurgery;
• dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication respectively as well as any such content or communication respectively which promote or support racism, bigotry, hatred, physical violence or illegal acts either explicitly or implicitly.
8.3. The participant is also prohibited from taking any action that is likely to impair the smooth operation of OntoSurgery, in particular placing undue load on the service provider's systems.
8.4. Should the participant become aware of an illegal, abusive, non-contractual or otherwise unauthorised use of OntoSurgery, they are to contact firstname.lastname@example.org. OntoSurgery will then review the process and, if necessary, take appropriate steps at its own discretion.
8.5. If there is suspicion of illegal or punishable acts respectively, OntoSurgery is both entitled and, if necessary, obliged to review the activities of the participant and, if necessary, to take appropriate legal steps. This may include referring the situation to the public prosecutor's office.
9. Suspension of access
9.1. OntoSurgery is able to suspend the participant's access to OntoSurgery temporarily or permanently if there are specific indications that the participant is violating or has violated these terms and conditions of use and/or applicable law, or if OntoSurgery has another legitimate interest for the suspension. When making a decision on suspension, OntoSurgery will take due consideration of the legitimate interests of the participant.
9.2. In the event of a temporary or permanent suspension respectively, OntoSurgery suspends the access authorisation and notifies the participant of this by email.
9.3. In the event of a temporary suspension, OntoSurgery reactivates the access authorisation upon expiry of the suspension period and notifies the customer of this by email. Permanently suspended access authorisation cannot be recovered. Permanently suspended individuals are excluded from participating in OntoSurgery permanently.
10.1. Should the participant suffer harm through the use of the services made available on OntoSurgery, OntoSurgery is only liable insofar as the participant's harm was caused by the contractual use of the content and/or services, and only in the event of intent or gross negligence on the part of OntoSurgery.
10.2. In cases of slightly negligent violation of only insignificant contractual obligations, OntoSurgery is not liable. Furthermore, the Service Provider's liability for damages caused by the slight negligence is limited to those damages such as are typically associated and foreseeable with contractual relationships of this kind (contract-typical, foreseeable damages). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of the OntoSurgery respectively.
11. Concluding provisions
11.1. Unless otherwise expressly indicated in these Terms and Conditions for Use and Participation, all statements that are made with regard to participation in OntoSurgery must be submitted in written form or by email. OntoSurgery' email address is email@example.com. The postal address of OntoSurgery is Salzachtalstraße 1, 5400 Hallein. Contact information is subject to change. In the event of such a change, OntoSurgery will inform the participant of this.
11.2. Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The Parties shall agree to replace the invalid provision with a valid provision that most closely fulfils the economic intentions of both Parties.
11.3. These Terms and Conditions for Use and Participation are governed by the laws of the Republic of Austria, excluding the UN Sales Convention (Convention of Contracts for the International Sale of Goods, CISG).
11.4. The exclusive place of jurisdiction for any disputes arising from or in connection with these Terms and Conditions for Use and Participation, insofar as such an agreement on the place of jurisdiction is permissible, is the registered office of OntoSurgery.
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