Cellvizio Community Website Terms and Conditions

Welcome to Cellvizio.net, the Cellvizio Community website.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of the Cellvizio Community website (the “website” or “site”) agree that access to and use of this site are subject to the following terms and conditions (the “Terms”) and other applicable law. If you do not agree to these Terms, please do not use this site. Your use of this site shall be deemed to be an acceptance of these Terms.

1. General.

Mauna Kea Technologies provides this website to facilitate an online community for Cellvizio users and other interested persons with the ability to exchange ideas and interact directly with each other. Online communities are at their best when participants treat their fellow members with respect and courtesy. Therefore, we ask that you conduct yourself in a respectful and considerate manner when participating in this community.

Your access to this website and its community areas is a privilege, and not a right. Mauna Kea Technologies reserves the right to suspend your access to the community areas at any time for reasons that include, but are not necessarily limited to, your failure to abide by these Terms.

2. Disclaimers and Limitation of Liability

This website and all information contained on Cellvizio.net is intended for use by medical professionals and is provided on an "AS IS" basis without warranties of any kind, express or implied, including without limitation, any warranties of title, merchantability, fitness for a particular purpose, non-infringement or accuracy.

Mauna Kea Technologies relies on the authors and contributors of content items to confirm the accuracy of the information presented, and to describe generally accepted practices, and therefore we as the publisher and editors, cannot warrant its accuracy. You should be aware that professionals may have different opinions. Because of this fact and also because of regular advances in medical research, we strongly recommend that you independently verify all information. Ultimately it is your responsibility to make your own professional judgments.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND SHOULD NOT BE USED OR RELIED ON FOR SUCH PURPOSE.

Mauna Kea Technologies does not make any representations or warranties that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, that this site or the server that makes the site available are free of viruses or other harmful components, or as to the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

To the fullest extent permitted by applicable law, in no event shall Mauna Kea Technologies, its subsidiary, Cellvizio, or any of their respective subsidiaries, affiliates, officers, directors, managers, employees, agents, licensors or suppliers, or the editors or moderators of this website and/or contributors, be liable for injury or damage caused to any person or property, whether direct or indirect, special, incidental or consequential, resulting from use of this website or the application of the information or content contained on or accessible through this website.

3. Moderation of Content

Mauna Kea Technologies does not assume any responsibility to review any communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Mauna Kea Technologies is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-generated content, communications or activities facilitated on the site. However, Mauna Kea Technologies reserves the right to block, remove or modify communications or materials that it determines, in its sole discretion, to be (a) in need of being anonymized in conformance with applicable U.S. HIPAA regulations, French regulations or other applicable regulations and laws, (b) not related to the purposes of Cellvizio.net, which are against the law, (c) abusive, defamatory, offensive, or obscene, (d) fraudulent, deceptive, or misleading, (e) in violation of a copyright, trademark or other intellectual property right or other rights of a third party, (f) in violation of these Terms, or (g) otherwise unacceptable to Mauna Kea Technologies in its sole discretion.

You have the right to access, modify, or remove any data about you, and you can, at any time, ask that your contributions to Cellvizio.net be removed.  To do so, you should contact cellvizionet@maunakeatech.com.

4. Scope of Permissible Postings of Content

You agree not to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually oriented, libelous, invasive of another person's privacy, hateful, or otherwise objectionable. You also agree not to intentionally interfere with or disrupt this site or its community areas or the use by others of this site and its community areas.

We have no control over, and do not assume responsibility for, the content posted on the community areas of the website by its members and cannot ensure that content posted here will not be offensive or objectionable to you. Although we do not assume responsibility to monitor this community, any user who finds material posted by another user objectionable is encouraged to contact us, and we are authorized by you to remove or modify any content submitted by you as a community member for any reason that we believe in our sole discretion constitutes a violation of our policies.

In addition, because all information disclosed through this community website may thereby become known to other users of this site, you should exercise caution when sharing any of your personal information.

5. Rights in Content Posted by You and License Grant to Other Users

With respect to content (whether in the form of text, graphics, photos, audios, videos, or otherwise) that you submit or make available for inclusion on this website, you grant other users of this website and Mauna Kea Technologies the worldwide, royalty-free, non-exclusive rights and licenses to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content. and to incorporate such content into other works and to create derivative works, in each case in any format or medium now known or later developed; provided, that any user of such content posted by you shall be required to give attribution to you in connection with their use of such content posted by you.

Subject to the foregoing grant of rights and licenses, all ownership of content posted by you shall remain with you, and, except for comments posted in discussion boards or threaded forums, you may remove (or request the removal of) content posted by you at any time from this website. To do so, you should contact cellvizionet@maunakeatech.com.

6. Rights in this Site and Non-User Generated Content

Other than as to the rights associated with user generated content that are addressed in Section 5 above, all other content and features included in this site, is copyrighted as a collective work under United States and other copyright laws, and is the property of Mauna Kea Technologies. The collective work includes works that are licensed to Mauna Kea Technologies. This site and such non-user generated content are copyright 2009, Mauna Kea Technologies, with all rights reserved.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own use. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

7. Trademarks

All trademarks, service marks and trade names of Mauna Kea Technologies and Cellvizio used in the site are trademarks or registered trademarks of Mauna Kea Technologies, Cellvizio or their affiliates.

8. Third-Party Links

In an attempt to provide increased value to our site users, this site may link to sites operated by third parties. However, even if the third party is affiliated with Mauna Kea Technologies, Mauna Kea Technologies has no control over these linked sites, all of which have separate practices, and, as a result of which, Mauna Kea Technologies shall not be responsible. These linked sites are only for your convenience and therefore your access to them is at your own risk. Nonetheless, Mauna Kea Technologies seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites that this website links to as well (including whether a specific link does not work).

9. Term and Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration. These terms and conditions, or any part of them, may be terminated by Mauna Kea Technologies without notice at any time, for any reason. The provisions of Sections 2 and 5 through 12 shall survive any termination.

10. Notices

Mauna Kea Technologies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Mauna Kea Technologies.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mauna Kea Technologies, Cellvizio, and their respective subsidiaries and affiliates, including officers, directors, managers, employees, agents, licensors and suppliers, and the editors and moderators of this website, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) or use of this site by you or any other person accessing the site using your account.

12. Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of New York, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in New York, New York, U.S.A. Any failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.