Terms of Use and Disclaimer

Applicable Terms of Use and Disclaimer

Welcome to the website (“Website”) of the Fisch International Microsurgery Foundation (“FIMF”).

Please read these Terms of Use before accessing the Website. These Terms of Use govern your access as User (“User”) to and use of the Website and its content. Entering the Website indicates your acceptance of these Terms of Use, and you agree to be bound by them.

These Terms of Use may be amended, modified or replaced by other terms and conditions. By accessing or using the Website you accept these Terms of Use in their then current version.

The Website contains general information as well as specific information and related documentation, for viewing or downloading (“FIMF Documentation”) by registered users (“Registered User”).

FIMF may stop the operation of the Website in full or in part at any time.

Registration

In order to access the FIMF Documentation as Registered User, you must complete the registration process and obtain your personal E-Mail/Username and Password. In connection with your registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, FIMF has the right to suspend or terminate your account and refuse any and all current and future use of and access to the FIMF Documentation.

In addition, FIMF reserves the right to deny registration to any User it deems inappropriate to use the FIMF Documentation. You may not register for the access to the FIMF documentation, if you are under 18 years of age. By registering for the Application, you represent to FIMF that you are 18 years of age or older and hereby agree to be legally bound by these Terms of Use.

You are solely responsible for maintaining the strict confidentiality of your E-Mail/Username and Password and for any charges, costs, expenses, damages, liabilities and losses, you or FIMF may suffer as a result of your failure to do so. Furthermore, you are entirely responsible for any and all activities that occur under your Email/Username and Password, including any charges for additional user licenses, etc., or other charges associated with your account, and for ensuring that use of your account complies fully with these Terms of Use. You agree to immediately notify FIMF of any unauthorized use of your account or any other breach of security. You may not use anyone else's account, at any time, without the permission of the account holder.

Payment and Renewal of Access

To the extent applicable, all payments shall be made in Swiss Francs by credit card and are non-refundable. Payments are due upon account activation and future purchases of temporary access to the FIMF Documentation. Your access will not be activated until payment is received. The renewal of the access rights for any renewal period will not be provided unless and until FIMF has received payment for such renewal period.

Rights to Use to Information and Documentation

The use of any information and documentation made available on or via this Website is restricted and subject to these Terms of Use and especially the following:

General information

FIMF grants the User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information and documentation made available the User for free only to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by FIMF in making same available.

FIMF Documentation

Upon registration FIMF grants you as the Registered User a non-exclusive and non-transferable license, which may not be sublicensed, to temporary use the FIMF Documentation made available to the Registered User for a consideration and solely for your own internal purposes for a limited period of time.

Copyright and other rights

The information and documentation – e.g. texts, images, audio- and video-content – of this Website are protected by copyright laws, international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any part, marks or copyright notices neither from the information nor documentation, or any copies thereof. Any use thereof beyond the scope of copyright law without the explicit prior written consent of FIMF is prohibited.

FIMF, or the according third party owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property and other rights) in, to and out of all content (including all text, data, graphics, logos, trademarks, brands, product labels and company names) on this Website and any such content must not be changed, copied, reproduced, transmitted, distributed, displayed, performed, replicated, sold, rented, licensed, utilized, supplemented or otherwise used in any other way without the prior written permission of FIMF.

Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User of the Website and/or the Registered User of the information and documentation made available on or via this Website. FIMF has no obligation whatsoever to grant any kind of rights.

Responsibilities of the Users

By accessing or using the Website you shall not

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use; violate any intellectual property right or any other proprietary rights;
  • upload any contents containing a virus, e.g. so-called Trojan Horses, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or,
  • distribute advertising or unsolicited e-mails (so-called “spam mail”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

FIMF may deny access to the Website at any time, in particular if the User breaches any obligation arising from these Terms of Use.

The use by third parties of all published contact details for the purpose of advertising is expressly excluded. FIMF reserves the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.

External Links

This Website may contain links to the websites of third parties (“external links”). As the content of these websites is not under the control of FIMF, FIMF cannot and will not assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognizable to FIMF. As soon as an infringement of the law becomes known to FIMF, it will immediately remove the link in question.

Exclusion of Liability

The information and documentation contained in this Website is for information purposes only. The information and documentation is provided by FIMF and while FIMF endeavors to keep the information and documentation up to date and correct, it makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the information and documentation contained or made available on the Website for any purpose.

In no event will FIMF be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.

Every effort is made to keep the Website up and running smoothly. However, FIMF takes no responsibility for, and will not be liable for, the Website being temporarily unavailable.

Data Privacy

For collection, use and processing of personally identifiable data of the User of the Website FIMF shall comply with applicable laws on data privacy protection and the FIMF Privacy Policy, which is available per hyperlink on the Website.

FIMF would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. FIMF cannot assume any liability for damages arising as a result of such security vulnerabilities.

Cookies

By using the Website, you are consenting to our use of cookies. If you do not agree to the use of cookies, you should set your browser settings accordingly. If you disable the cookies, this may impact your User experience while on this Website and you may not be able to use the full functionality of this Website.

Applicable Laws; Exclusive Jurisdiction

FIMF provides access to information and documentation in Switzerland. FIMF makes no representation that any content on or accessed through the Website is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of the information and documentation provided and any dispute arising therefrom shall be governed, construed, interpreted, and enforced in accordance with the material LAWS OF SWITZERLAND, without regard to principles of conflict of laws. ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE INFORMATION AND DOCUMENTATION SHALL BE INSTITUTED ONLY IN THE COMMERCIAL COURT OF THE CANTON OF ZURICH LOCATED IN ZURICH, SWITZERLAND AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT.

Entire Agreement

These Terms of Use, together with the FIMF PRIVACY POLICY constitute the entire agreement between you and FIMF governing your use of the information and documentation and supersede any prior and contemporaneous agreements between you and FIMF with respect to the subject matter hereof.

Consent to Electronic Delivery of Notices

You consent to receive communications from FIMF electronically, including without limitation by e-mail or by posting notices on the Website or via your account. You agree that all agreements, notices, disclosures and other communications that FIMF provides to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of the information and documentation.

Miscellaneous

If there is a determination that any provision of these Terms of Use is invalid or unenforceable under applicable law, that determination will not affect the rest of the Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of FIMF to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Fisch International Microsurgery Foundation, Switzerland

Last updated: June 2016