Terms of Use

Thank you for visiting www.upsurgeon.com (Site), an educational resource dedicated to neurosurgery and neuroanatomy, and/or downloading our apps, which incorporates Site contents as web view or link opened through internet browsers of your mobile device (Apps) and other educational contents.

By accessing the Site or any App (collectively “Platform”), you create an agreement with us. Under this agreement, you agree to be bound by these terms of use as amended from time to time (Terms of Use). In return, we agree to allow you to access and use the Platform until such access is terminated in accordance with these Terms of Use. These Terms of Use contain important information regarding your legal rights remedies, obligations, limitations and Medical Disclaimer.

If you do not agree with these Terms of Use, please do not access or use the Platform. If you accept these Terms of Use, you may browse content on any platform and may continue to do so for so long as you accept these Terms of Use. Your continued browsing will be deemed to be continued acceptance of these Terms of Use. If you wish to add, curate, or edit content on the Academy section of the Site, you must contact us and accept these Terms of Use.

Overview

The following are terms of a legal agreement between you (User) and UpSurgeOn S.r.l. , Via Cascina Venina 7/s, Assago (MI) (“UpSurgeOn”). By accessing, browsing, or using this Site and the UpSurgeOn Apps, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. UpSurgeOn may revise these Terms of Use by updating this posting without notice to you, at any time. It is your responsibility to regularly check the Platforms to determine if there have been changes to these Terms of Use. UpSurgeOn may also make improvements or changes in the products, programs, services described on any Platform at any time without notice. These Terms of Use apply exclusively to your access to and use of the Platforms and do not alter the terms or conditions of any other agreement you may have with UpSurgeOn.

Medical Disclaimer concerning the Apps

AppSurgeOn Apps, their contents, updates, add-ons and gadgets they may work with (the “Apps”) have been created, released and provided by a team of physicians, residents and medical students (the “UpSurgeOn Team” – http://www.upsurgeon.com/about-us).

User acknowledges that Apps are merely simulators intended only for informational and educational purposes and supplementary training for physicians and medical professionals in the neurosurgery field. UpSurgeOn and its affiliates do not guarantee the accuracy or completeness of contents of the Apps as well as that they are up to date, and assume no legal liability in connection therewith.

The information and/or training methods made available or obtained through the Apps cannot replace the experience and skills provided by a conventional medical and neurosurgery training, nor to university and/or specialized education. User agrees to use the information and/or training methods contained in the Apps solely for his/her private educational purposes and further agrees not to rely on such information in any way. Reliance on such information is solely at User’s own risk.

The Apps shall never be used to give diagnosis, treatments, or to set up surgeries involving real human beings. UpSurgeon is not responsible for the consequences of any injury or death in case the Apps are used in the above-mentioned situations. Medical practitioners must make their own independent assessments before performing surgical procedures or suggesting a diagnosis or recommending or instituting a course of treatment.

UpSurgeon shall not be responsible for the competency of any physician or person who gets information or trains by means of the Apps, nor for the performances of such person based on the information made available by the Apps.

The Apps are merely simulative and they must not be intended as a real medical training; training by means of the Apps will not suffice to get the necessary proficiency to operate as a neurosurgeon. The assessment of a physician readiness to undertake neurosurgeries is the solely responsibility of the hospital or medical facility where the surgery takes place, in relation to which UpSurgeon or it affiliates do not have any role.

Customer acknowledges and agrees that the rules set out under this Medical Disclaimer shall be interpreted and construed in accordance with the laws of Italy.

Medical Disclaimer concerning the Platform

Content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals (Authors) and revised/adapted to the Academy section of the website by a scientific team of specialists in neurosurgery, residents and medical students (UpSurgeOn Team). It should not be used for self-diagnosis or self-treatment. It is not intended as, nor should it be, a substitute for independent professional medical care. As content is submitted by individual Authors after the UpSurgeOn Team revision, UpSurgeOn and its associates (including licensors) (Associates) cannot guarantee its accuracy and assume no legal liability or responsibility for the accuracy, currency or completeness of the information. We recommend that you consult your own physician regarding any diagnosis, imaging interpretation or course of treatment.

You agree to use the information solely for your own private educational purposes and further agree not to rely on the information in any way. Medical practitioners must make their own independent assessment before performing surgical procedures or suggesting a diagnosis or recommending or instituting a course of treatment. The Platforms should not in any way be seen as a replacement for consultation with colleagues or other sources, or as a substitute for conventional training and study. If you are not medically qualified you further acknowledge that the content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals.

Ownership and Licences in Academy section

User-contributed image content

Contributing to Academy sections of the platform as Author with Image Contents (including but not limited to CT, MRI, angiography, X-rays, ultrasound, images, photos and diagrams, but specifically excluding all text content) (Image Contents) you declare to be licensed to use them. UpSurgeOn in any way is responsible of copyright violations concerning the image contents provided by you.  Image Content (other than Image Content contributed by you) may not be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part without prior written permission from the contributing user (Author).

Text content

So that text content you contribute to any Platform can be readily edited by UpSurgeOn team and it is necessary that all rights in any text content which you contribute to any Platform (including but not limited to articles, blog posts, case descriptions, image descriptions, tutorials and all communications you transmit to anyone through any Platform) (Text Content) be the property of UpSurgeOn. Text Content may not otherwise be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, without prior written permission from UpSurgeOn. Where you contribute any Text Content to any Platform as Author, you assign to UpSurgeOn, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights).

Platform Intellectual Property Rights

All rights in all software, designs, arrangements, graphics pertaining to the Platforms belong to UpSurgeOn. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of UpSurgeOn or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of UpSurgeOn. All trademarks, product names, and company names and/or logos displayed on the Platforms are either trademarks or registered trademarks of UpSurgeOn or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of UpSurgeOn.

Warranty

In respect of all content (including Image Content and Text Content) which you contribute to any Platform (Your Content) as Author, you warrant that you have the right to contribute such content to the Platforms and to allow such content to be used in accordance with these Terms of Use, and you further warrant that such content:

  • is de-identified such that the identity of each patient to whom Your Content relates is not identifiable or reasonably identifiable;
  • has been collected by you in accordance with the Privacy act 196 2003;
  • will not infringe any third party intellectual property rights when used on, or in connection with, any Platform;
  • comprises legitimate and original content such as, but not limited to radiographic images (CT, US, MRI, X-rays, DSA etc..), photos, diagrams and illustrations and that these have not been in any way copied from any secondary source.

User Conduct

General

In using any Platform, you agree:

to comply with all policies of UpSurgeOn or its Associates contained in, or referred to on, the Platform;

not to disrupt or interfere with any other user’s enjoyment of the Platforms or affiliated or linked Web sites;

not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, software, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Web sites;

not to transmit through or on the Platform spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

not to attempt to obtain unauthorized access to any aspect of the Platform which is restricted from general access;

not use the Platform to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to any person’s particular condition or situation.

In addition, you agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition or any other information which could identify a particular patient. You expressly agree that you are solely responsible for actions and communications undertaken or transmitted under your Author profile, and that you will comply with all applicable local, national and international laws when using any Platform.

You further expressly agree that you will not discuss, endorse or refer to “off-label” uses of medical products, including any uses which have not been approved by the EU or another applicable regulatory agency.

Notice of Inappropriate Use

If you believe that Your Content has been improperly used on any Platform, or that any other person has engaged in any conduct contrary to these Terms of Use, please Contact Us (support@upsurgeon.com).