The following Terms of Use shall apply to the use of the web-based applications, portals, modules and platforms (hereinafter "Portals") and their contents, which are made available by Georg Thieme Verlag KG, Oswald-Hesse-Straße 50, 70469 Stuttgart, Germany (hereinafter "Thieme"), to the Licensee and the employees authorized by the Licensee to use them (hereinafter “User” or collectively "Users") on the basis of a contract of use (hereinafter "Contract of Use").
They also apply to the test provision of access to the Portals; for the purposes of these Terms of Use, this provision is to be regarded as a Contract of Use.
I. General Terms
1. Rights of the User
Thieme grants the User a limited, non-transferable, non-exclusive right to use the Portals, including the additional information developed by Thieme and transmitted by e-mail, on the basis of these Terms and Conditions and the provisions of the Contract of Use for the term of the Contract of Use.
The use of the Portals is restricted to a User group or an authorized User as specified in the Contract of Use. If the Contract of Use provides for an individual license, only the licensee as the individual User is entitled to use the Portal; in the case of a multi-user license, the group of authorised Users includes all persons who are in a service, employment, training or comparable legal relationship with the licensee at the locations specified by the licensee.
Users may view Content of the licensed Portal in the form of read-only access; in addition, they may save or print out a reasonable number of individual articles/pages and other content for individual use. Any further transmission, recording or storage by means of electronic, mechanical, photographic or other processes - also of parts - is excluded, unless otherwise permitted by law. The use of automated IT applications is prohibited; in particular, any use of artificial intelligence techniques that only simulate the use of the services by a natural person is prohibited.
2. Archiving Right
Upon termination of the Contract of Use, the right to use the Portals and the provided content shall expire. If and insofar as the User from the User group of a multi-user license has used content in documents in accordance with these terms and conditions during the term of the contract, Thieme grants the right to archive said content; the documents containing the content may be stored in unchanged form in an (electronic) archive. After the end of the Contract of Use, the User is not permitted to use the Contents or any part thereof in teaching or instructional events, in lecture and seminar materials, in intranet information systems, or for other purposes, unless a right of use is otherwise provided by law or contractual provisions.
3. Protection of Copyrights
The Content made available by Thieme is protected by copyright. The removal, alteration, or obliteration of copyright notices and other notices of use, as well as the technical circumvention of download restrictions, constitutes an infringement of copyright and may result in legal action.
The images, videos and other media contained on the Portals may not be reproduced or downloaded except within the legal limits of copyright law, unless the individual illustrations, images, videos or other media are expressly offered for download or further use.
The separate use of content copyrighted by a third-party provider (e.g. the 3D software content for anatomy in video) outside of Thieme portals (e.g. outside of via medici) is not permitted.
Thieme reserves the right to reproduce the Content for the purpose of text and data mining in accordance with § 44b (1) German Copyright Act (GCC); the restrictions of § 60d GCC (scientific research) remain unaffected.
4. Security Measures
The access data must be kept strictly confidential by the User and may not be disclosed to third parties. The User is obligated to take reasonable measures to prevent unauthorized persons from using the Portal. The User shall inform Thieme immediately if he has positive knowledge of any misuse of the access data.
Thieme may deny a User access to the Portal if there are substantial indications that the User's access is being misused by third parties or if the technology used by the User is likely to impair the functionality or security of Thieme's Portals, products or services. Sentence 1 shall apply mutatis mutandis if the technology used makes it difficult for Thieme to verify the authorization of use with regard to its content or scope, in particular if browser software is used to completely anonymize the User.
The Users shall be solely responsible to create and maintain the technical requirements for access to the Portal. This applies to the provision of suitable hardware, a compatible operating system and an up-to-date browser. The Users are also obliged to take the necessary measures with regard to IT security, in particular to make the necessary security settings for the browsers used by the Users and to provide adequate protection against malware.
5. Own Content and Data Protection
Some Portals may offer Users the possibility, in particular when participating in forums and blogs, to upload, store or make publicly accessible their own content (e.g. image files, texts). The User is responsible for the lawfulness of the content and its use. Thieme reserves the right to block or permanently delete content if there is suspicion of a violation of the rights of third parties or a violation of criminal law. However, Thieme is not obliged to check the content posted by the User for such infringements or in any other way.
Where the Portals offer the possibility of publishing content created by the User, the User will be informed prior to publication in the Portal about the possible publication of the content by Thieme. The User must take particular care to ensure that the content created does not contain any personal data, in particular patient data, or any other content that could be related to natural persons.
If and insofar as the Portals offer lecturers and teachers (hereinafter Lecturers) the opportunity to upload their own content or links to third-party applications or websites for use in their capacity as lecturers, the following conditions apply: User access is restricted to the Lecturer. The User who uploads the content or links is responsible for the technical correctness, lawfulness, and technical security of the link and the linked content. Thieme does not adopt the linked content as its own and accepts no liability for it. Thieme may review the linked content for support purposes.
Insofar as Users can retrieve statistics from a Portal to see what training courses have been completed at their institution, the following conditions apply: Where the Portal offers an optional automatic forwarding function for the relevant training, the User is informed before completing a training course or test that the individual training results will be forwarded to the institution once the course or test is successfully completed. If a course is not passed or automatic forwarding is not enabled, the course data output can be retrieved in anonymised form.
Further information on data protection at Thieme can be found at https://www.thieme.com/en-us/data-privacy-statement/georg-thieme-verlag-kg
6. Important Notes
Medicine is an ever-changing science undergoing continual development. Research and clinical experience are continually expanding our knowledge, in particular, our knowledge of proper treatment and drug therapy. Insofar as any dosage or application are mentioned on the Portals, Users may rest assured that the authors, editors, and publishers have made every effort to ensure that such references are in accordance with the state of knowledge at the time of completion of the respective content. However, Thieme cannot assume any liability for information on dosage instructions and forms of application. Every User is requested to examine carefully the manufacturers’ leaflets accompanying each drug and to check, if necessary, in consultation with a physician or specialist, whether the dosage schedules mentioned therein or the contraindications stated by the manufacturers differ from the statements made on the Portal. Such examination is particularly important with drugs that are either rarely used or have been newly released in the market. Every dosage schedule or every form of application used is entirely at the user’s own risk and responsibility. The Content made available on the Portals contains subtitles, some of which were generated with AI support. Inaccuracies, errors and omissions may be present and the information provided in the subtitles is therefore not designed for direct clinical use. Thieme does not guarantee that the subtitles correspond to the original content. Please always refer to the original content.
Every User is requested to inform Thieme of any inaccuracies that become apparent. All texts have been carefully checked and are constantly updated.
However, no guarantee can be given for completeness, correctness, and up-to-dateness. All links to external sites were carefully checked at the time of creation. Possible legal violations were not apparent at the time of linking. However, Thieme has no influence on the content of linked pages; the respective service provider is responsible for such content. Should illegal sites be accessible via the hyperlinks, please inform us.
II. Specific Terms
With regard to the Portals and applications listed in detail below, the following additional terms apply:
1. ergoLink, physioLink and Physiofortbildung
The right of use in these Portals is limited to the purpose of using medical and other content for the User's own training or further education. The sharing of Content with third parties, as well as editing, duplication or reproduction, distribution, publication or making available to the public, whether in digital or analogue form, is not permitted. Furthermore, the use for these purposes is limited to the eBooks made available on the Portal; in particular, such use of contents from journals is excluded. The exact source (© author, title, Georg Thieme Verlag, year of publication) must be given each time the content is used.
Notwithstanding the foregoing, the User is entitled to the rights under § 60a UrhG (German Copyright Act) in connection with teaching and learning. The rights granted also apply to the User group indicated as authorised users in the Contract, i.e. to all persons who are in a service, employment, training or comparable legal relationship with the User at the locations specified by the User.
As part of the physioLink Portal, content from Physiotec, an offer from Tamanilla GmbH, is available as an add-on for authorized Users. Use of the add-on is also subject to Tamanilla GmbH's terms of use and any system requirements specified by Tamanilla GmbH.
2. Prüfungstrainer
Participation in the course tests is subject to the respective conditions of participation, which are made available as part of the respective tests. Participants may not disclose any questions and/or answers of the course tests to third parties; third parties in this sense include other persons from the participant's User group.
Each time a User accesses a quiz, one ticket will be forfeited from the quota available under the license, regardless of whether the quiz questions have been answered completely and/or correctly. In the event of abuse, Thieme may temporarily or permanently exclude individual Users from the training tests. Thieme will only issue further education point certificates for personal, correct and successful participation.
3. via medici
The IMPP Exam Questions are copyrighted by the Institute for Medical and Pharmaceutical Examination Questions (IMPP), Mainz, Germany. Without the consent of the IMPP, any use of the questions outside the narrow limits of copyright law is not permitted. Accordingly, the IMPP examination questions may not be used outside the application. Use is only permitted within the application or by passing on the session link that leads to the created instructor session.
The adaptive learning courses are provided as an add-on to the Area9 Rhapsode learning platform. This application is under the sole control and responsibility of Area9 Lyceum, Inc.