SciStat.com terms of service ("Agreement") describe the rules and principles that make up the basis of the SciStat.com services provided to you ("Client" or "You") by MedCalc Software Ltd ("us" or "our company"). By registering with SciStat.com or using its services the Client agrees to be bound by the terms of the given Agreement.
1. SciStat.com services
SciStat.com offers its services to the Client on condition that the latter agrees to be bound by the Agreement in full. Within the boundaries of the Agreement:
- "Client" (or "you") means an individual or a company including its staff and agents, using or intending to use the Service.
- SciStat.com "Service" means electronic and interactive services provided by SciStat.com. We reserve the right to alter or terminate any of the Services.
2. The right to use SciStat.com service
The Service is only provided to individuals or corporate organizations (companies) that possess a legal status allowing them to enter into binding legal contracts according to corresponding laws. This is to certify that the Client has authority to be involved in business activity in accordance with the corresponding legislation (within the terms of the Agreement), does not appear to be of business competition to SciStat.com and is of legal age (18 years old or senior) to be able to sign binding contracts as a Client.
You acknowledge that all the materials (except for the ones uploaded to the Service) presented on this web page including but not limited to information, documentation, products, product logos, graphics, sounds, GUI, software and services ("Materials") provided by SciStat.com belong to SciStat.com. Web page elements are protected by law and may not be copied or displayed in full or in part. SciStat.com, SciStat.com logo and other products mentioned in the Agreement are an official SciStat.com trademark and may not be registered within some jurisdictions.
4. Client information
The Client hereby states that s/he will provide accurate, complete and current registration information to SciStat.com. The Client concedes to update the information if necessary and keep it full and accurate as required. In cases when the Client provides inaccurate, untruthful and incomplete information, SciStat.com reserves the right to freeze or terminate the registration and the Agreement.
5. Client's account
5.1 Access responsibilities
The Client is fully responsible for all and any attempts at accessing the Service or using the Service (including all the actions and transactions).
5.2 Responsibility for user identification and passwords.
The Client holds full responsibility for keeping the account information safe and confidential (as well as authorized user's account information). The Client is also entirely responsible for all the actions carried out via his/her account.
5.3 Unauthorized use report
The Client hereby states that s/he will immediately report any circumstances that point at the fact that the account or account information have been accessed on an unauthorized basis. This includes:
- Getting a confirmation of an order (orders) placed via the Client's account that the Client had no intention of placing; any other controversial information.
- The Client discovers that an unauthorized access to his/her account has taken place.
6. Client's data
The Client is solely and fully responsible for the information uploaded to the SciStat.com servers. The Client is in charge of controlling the uploaded information via the link generated by the Service. SciStat.com insists that Clients archive data on a regular basis. The Client takes full responsibility for archiving data and lost or irreplaceable data. The Client agrees to store the data in compliance with the law and his/her responsibilities dictated by law. SciStat.com removes data after the Agreement becomes invalid. SciStat.com is not to be held responsible for the data in question.
7. Limited use
You agree not to use SciStat.com Services with the following purposes: uploading, placing, emailing, sharing or other way of publishing information that does not comply with legislation, patent, copyright or trademark laws, discloses trade secrets or interferes with any other property rights.
7.1 Access and intervention
Intervention or attempts at breaking into the information system as well as attempts at influencing SciStat.com's ability to provide services are strictly prohibited and are subject to criminal or civil liability. Examples of such intervention include, but are not limited to:
- Unauthorized access to SciStat.com Service, including attempts at checking and scanning the system for accessibility and security or trying to break through the information security system without the consent of SciStat.com Service.
- Interference with the process of providing services to any Client or to a group of Clients including but not limited to flooding or intentional attempts at overloading the system.
- Use of devices, software or code with the purposes of interfering with SciStat.com Service provision.
- Any action that is targeted at destroying the SciStat.com infrastructure.
The Client has no right to decompile, assort, decrypt, isolate, redesign or in any other way try to deduce the initial code of the program (including utilities, methods, processes and infrastructure) that makes the core part of the SciStat.com software.
7.2 System resources abuse
The client hereby states that s/he will not make attempts at abusing the system resources of SciStat.com service including, but not limited to use of information taking excessive CPU memory or influencing the system's throughput; resale of access to the information placed on SciStat.com servers.
7.3 Proprietary rights and trademark legislation
SciStat.com Service can be used with lawful purposes only. Transfer, distribution or storage of any materials breaking laws or lawful acts, including laws on export regulation, are forbidden. This includes materials protected by patents, laws on copyright, trademarks, service marks, trade secrets and other intellectual property rights. The client is obliged to receive the preliminary consent of the author in cases when such materials are to be used. By using the Service, you declare and guarantee that you are the author and owner of copyright and/or the owner of due licenses for the represented information. You also declare and guarantee that your information does not break trademark laws and other rights of the third parties. SciStat.com reserves the right to suspend or terminate the transaction that breaks or is thought to be breaking the Agreement or any of the laws described above.
7.4 Other activities
Lawfully or not, SciStat.com reserves the right to decide which of the actions appear to be harmful to our Client's reputation or activities, including activities preventing users from utilizing the Service or the Internet.
Please pay attention that in cases when we find that an account or the information attached to the account breaks one of the rules described above, SciStat.com reserves the right to terminate the account. It is also possible that SciStat.com will forward complaints and report to legal authorities if necessary.
8. Disclaimer of warranties
You acknowledge and agree that:
- You use the Service at your sole risk. SciStat.com services are provided on an "as is" and "as available" basis. SciStat.com and its representatives expressly disclaim all warranties including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SciStat.com and its representatives do not guarantee accuracy, safety and completeness as well as timely provision of services, software and information.
- SciStat.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the reliability or accuracy of the results obtained from the Service, (iv) the quality of any products, services, information or other material obtained from the Service will meet your expectations, and (v) any errors in the software will be corrected.
- No advice or information, whether oral or written, obtained by you from the Service shall create any warranty not expressly stated in the given Agreement.
9. Availability of website and services
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
You agree to compensate the damages, including reasonably necessary legal services' fees, and not to hold SciStat.com and its affiliates and branches, management, employees and agents responsible for any claims and requirements based on your use of the Service; or infringement of the present Agreement by you or other policies, decisions and conditions by SciStat.com.
11. Limitations of liability
You use SciStat.com Service at your sole risk. If you are by any reason not satisfied with any of the aspects of the Service or the given Agreement, as well as other rules, you are free to terminate the Agreement and stop using SciStat.com Service. You agree that SciStat.com shall not be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses ( even if SciStat.com has been warned and advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered using the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct od any third party on the Service; or (v) any other mater relating to the Service.
12. Modifications to the Service and Rules
We reserve the right at any time to modify or discontinue the work of the Service with or without notice, temporarily or permanently. You agree that SciStat.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You expressly acknowledge that we can establish general practices and restrictions upon the use of the Service, including the maximum size of the Client's disk space on SciStat.com servers as well as the number of references (and their duration) to the Service for a certain period of time. You also realize that SciStat.com has the right to change Service fees without prior notice. The change of the tariff takes place as soon as the previous Agreement needs to be renewed to remain valid.
13. Termination of Service
SciStat.com in its sole discretion may file a warning, terminate (permanently or temporarily) or block access to the Service or discontinue the Service and stop providing services to the Client, or remove the Client's account record, as well as refuse providing services to the Client in the future in the following cases:
- SciStat.com has reasons to believe the Client has not been keeping to the rules and regulations described in the Agreement and expressly stated in other instructions.
- The Clients stops payments or owes funds to the Service.
- SciStat.com is not capable of checking if the information provided by the Client is correct and accurate.
- SciStat.com has reasons to believe that the Client's activities may eventually lead to legal responsibility of the Client, as well as other Clients.
SciStat.com reserves the right in its sole discretion to stop providing services or any of its features with or without prior notice. You agree that any termination of your access to the Service may be carried out without prior notice, and acknowledge and agree that SciStat.com may immediately deactivate or delete your account and all related information and files in your account and/or block further access to such files or the Service. Furthermore, you agree that SciStat.com shall not be responsible to you or any third-party for the termination of your access to the Service.
The termination of the Agreement between the Client and SciStat.com nullifies the privileges granted to the Client by the Agreement and cancels the responsibilities of SciStat.com before the Client.
14. General information
If any item of the Agreement is canceled, the court should execute the intentions of the parties reflected in the item, while other items of the Agreement continue to operate in full. Headings for items in the Agreement serve for convenience only and do not define, limit, interpret, or describe any item of the Agreement. The inability of SciStat.com to undertake measures concerning infringements accomplished by a separate Client or other individuals, does not deprive SciStat.com of the right to undertake measures concerning subsequent or similar infringements. Any requirement or claim raised by the Client on any of the items of the given Agreement should be submitted within twelve (12) months starting with the moment of occurrence of the requirement or the basis for the claim.
14.1 Legal relations
The client and SciStat.com Service shall be treated as independent contractors. The given Agreement does not provide and does not create such forms of legal relations with the Client as establishment, company, joint venture, labour relations and trading relations.
14.2 Grant of rights
This Agreement does not allow the Client to grant any of his/her rights to anyone or attribute responsibility to another individual. Any attempts at granting these rights shall not have legal force.
14.3 Force major circumstances
Our Service providing activities may be discontinued due to certain circumstances of insuperable force. We are not responsible for any setbacks or inability to provide services to Clients as the result of circumstances, direct or indirect, that are described as circumstances beyond control.
If any of the items of the given Agreement is canceled, the item should be bypassed, with the least damage of interests to both parties, while other items of the Agreement continue to operate in full. Headings for items in the Agreement serve for convenience only and do not define, limit, interpret, or describe any item of the Agreement.
15. Abuse management
Files with illegal content shall be immediately removed. Moreover, the files shall be added to a special filter that will prevent the files from appearing again.
16. Applicable Law and Jurisdiction
All our contracts, deliveries and works are only governed by Belgian law, excluding the United Nations Convention on Contracts for the International Sale of Goods. All disputes fall within the exclusive jurisdiction of the courts of the district of the registered office of SciStat.com.
Should any of these provisions be deemed wholly or partially invalid, illegal or impracticable, this shall not affect the validity of the remaining provisions.