By creating an account for Thieme's Spaced Repetition Flaschards (the “Product”), you acknowledge that you have read this License Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is a complete and exclusive statement of the agreement between you the Authorized User, and the Licensor, which supersedes any proposed or prior agreement, oral or written, and any other communication between you and the Licensor relative to the subject matter of the License Agreement.
Agreement made by and between Thieme Medical Publishers, Inc. the (“Licensor”), 333 Seventh Avenue, New York, NY10001, and the Authorized User.
A. "Authorized User" means the person who legally acquires the right to access certain portions of The Product as stipulated in the documentation accompanying the product purchase.
B. "The Product" denotes the content, images, software, files and accompanying material produced and distributed by the Licensor and its authorized distributors.
The Licensor hereby grants to the Authorized User a license with a non-exclusive, non-assignable, and non-transferable right to access and use The Product according to the Terms of Use.
The content and structure of The Product is protected by International and US Copyright Law. All rights are reserved. The usage of its material is restricted to the Authorized User and is subject to the following Terms of Use and limitations.
3.1 The Authorized User may request and display images, tables, or other contents from the website for personal use only.
3.2 This right of usage for the content on the Product is limited to personal study and educational purposes by the Authorized user.
3.3 Any use that exceeds or differs from the terms listed above requires the express written consent of the Licensor. To request permission to use the images or content in anyway other than that provided above, please contact the Licensor at permissions@thieme.com or Thieme Publishers,333 Seventh Avenue, New York, NY 10001, USA.
The usage of the material from The Product is restricted to the Authorized User and is subject to the following limitations.
4.1 The Authorized User may not post or sell any of the content or images on a public website without the express written permission of the Licensor.
4.2 The Authorized User may not copy for resale or other commercial use, or offer for sale or reproduction any part of the Product or the Product in its entirety on any bulletin boards, web sites, discussion forums, Internet domains, or online chat rooms or social media apps or platforms.
4.3 The Authorized User may not change, adapt, transform, dismantle, or translate the content on the website or create derived works on the basis of the provided content.
4.4 The Authorized User may not include the content, individually or as a part of a presentation or document, on a CD/DVD or any other electronic media, including, but not limited to diskette, FTP, or email. The cases and/or image shall not be sublicensed or made available for use or distribution as prints, negatives, positives, mats, engravings, animations, art for reproduction, any form of stock design, etc, without the express written permission of the Licensor.
4.5 The Authorized User will not translate, disassemble, or otherwise reduce the program code of The Product into any other perceptible form. The Authorized User will not modify, rent, lease, loan, distribute, or create derivative works based upon the website in whole or in part. The Authorized User shall take all necessary precautions to prevent any unauthorized use or dissemination of the website content. Rights assigned to the Authorized User in this agreement are not transferable. The Authorized User may not use the website in whole or in part for any commercial applications.
4.6 Any illegal, indecent, pornographic, defamatory, libelous, or otherwise unlawful use of the images is prohibited.
4.7 The Authorized User may not include any images or content in any publication, such as a book, journal article, website, posters, trial exhibits, or any other commercial or non-commercial application not expressly granted herein without the express written permission of the Publisher. The Licensor reserves the right to investigate cases of suspected unauthorized use or other contract violations and to take appropriate actions against, or prohibit the usage of this service by, infringers. The Licensor also reserves the right to make any claims for compensation or damages if the terms of this License Agreement are violated. To request permissions to use the content in The Product in a matter not permitted by this Agreement, please write to permissions@thieme.com or Thieme Publishers, 333 Seventh Avenue, New York, NY 10001, USA.
The Authorized User acknowledges and agrees that The Product, in whole or in part, and all other licensed products used, developed, or provided by the Licensor under or in connection with this Agreement are property of the Licensor and shall remain in the sole and exclusive possession of the Licensor.
The Authorized User acknowledges and agrees that the The Product is the exclusive property of the Licensor and that The Product is licensed to the Authorized User only for the term of this Agreement and strictly under the terms hereof. The Product is a publication of the Licensor that is protected by copyright and contains copyrighted information. Except for the limited rights given to Authorized User herein, all rights to the software are reserved by the Licensor.
If the Authorized User should fail to perform in the manner required in this Agreement, the Licensor may terminate this Agreement or exercise any other rights it may have. Upon termination, the Authorized User must immediately cease using the The Product and login access to The Product will be immediately terminated for the Authorized User. All aforementioned provisions with regard to the protection of the proprietary rights of the Licensor shall continue in force after such determination.
THE PRODUCT AND ALL DIGITAL CONTENT, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE PRODUCT OR THE SERVICES, DIGITAL CONTENT, FUNCTIONS OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE PRODUCT WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIEME ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF USER ACCESS TO, USE OF, OR BROWSING IN THE SITE OR USER DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF USER IS DISSATISFIED WITH THE SITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED IN THE PRODUCT.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THIEME, ANY EMPLOYEE OF THE THIEME GROUP, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AUTHORS, EDITORS, OR THEIR ESTATES, PROGRAMMERS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, USER PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY DIGITAL CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR USER USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY USER TO THIEME OR ITS AGENTS FOR THE USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
Medical knowledge is ever-changing. As new research and clinical experience broaden our knowledge, changes in treatment and drug therapy may be required. The authors and editors of the Digital Content herein have consulted sources believed to be reliable in their efforts to provide information that is complete and in accord with the standards accepted at the time of publication. However, in view of the possibility of human error by the authors and editors of the Digital Content, or changes in medical knowledge, none of the Protected Entities or any other party who has been involved in the preparation of this Digital Content, warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from use of such information. Users are encouraged to confirm the information contained herein with other sources. For example, Users are advised to check the product information sheet included in the package of each drug they plan to administer to be certain that the information contained in this Digital Content is accurate and that changes have not been made in the recommended dose or in the contraindications for administration. This recommendation is of particular importance in connection with new or infrequently used drugs.
Some of the product names, patents, and registered designs referred to in the Digital Content are in fact registered trademarks or proprietary names even though specific reference to this fact is not always made in the text. Therefore, the appearance of a name without designation as proprietary is not to be construed as a representation by Thieme that it is in the public domain.
This Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the State of New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.