Terms of Service

OncoPhysio: Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. INTRODUCTION

These Terms of Service (together with the documents referred to in it) tell you the terms on which you may use (i) the website (www.oncophysio.com) (the “Site”); and (ii) all of the information on the Site (the “OncoPhysio.com“) and related OncoPhysio services, (collectively, the “OncoPhysio Service”). Use of the Site includes viewing, accessing, browsing, contributing to and downloading content.

In these Terms of Service, “OncoPhysio” refers to the charity and company, OncoPhysio, the Site and the OncoPhysio Service.

Please read these Terms of Service, and our Privacy Policy, carefully before you start to use the Site and OncoPhysio Service, as these will apply to your use of the Site and such services. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT VIEW, ACCESS, BROWSE, CONTRIBUTE TO, USE, OR DOWNLOAD CONTENT FROM THE SITE OR USE THE ONCOPHYSIO SERVICE.

PLEASE NOTE THAT ONCOPHYSIO IS NOT REGULATED BY THE HEALTH AND CARE PROFESSIONS COUNCIL, OR ANY OTHER REGULATORY BODY OR AGENCY AND IS NOT A PROFESSIONAL BODY OR ASSOCIATION.

By using the Site and the OncoPhysio Service, you signify that you have read, understand and agree to be bound by these Terms of Service whether or not you are a registered Editor or Author of OncoPhysio. Please pay particular attention to the disclaimers set out in Sections 1.6 (No provision of Medical Advice) and 1.7 (General Disclaimer), the warranty and indemnity in Section 1.9.5 (User Submissions – personal data, image, video, audio files) and the limitation we place on our liability, set out at Section 1.17.4 (Limitation of Liability) and the indemnities you grant us at section 1.17.2 (Indemnification). Please note that we may update these Terms of Service from time to time as set out in Section 1.4 (Changes to these Terms of Service or the OncoPhysio Service).

Please note that specific terms and conditions apply to the purchase of a subscription to OncoPhysio

Different parts of the Site may have additional terms posted, for example, with respect to OncoPhyiso. If there is a conflict between these Terms of Service and the terms posted for a specific area of the Site, the terms for the specific area of the Site will have priority for your use of that area of the Site.

You must be at least 16 years old to use the OncoPhysio Site. You must be at least 18 years old to be an Editor or Author (as defined below).

If you have questions regarding these Terms of Service, please contact OncoPhysio at support@oncophysio.com

2. OTHER APPLICABLE TERMS

These Terms of Service refer to and incorporate:

  • OncoPhysio’s Privacy Policy, which sets out the terms on which OncoPhysio processes any personal data it collects from you, or that you provide to OncoPhysio. By using the OncoPhysio Services, you consent to such processing and you warrant that all data provided by you is accurate; and
  • OncoPhysio’s Cookie Policy sets out information on OncoPhysio’s use of cookies and the use of cookies by third parties.

3. INFORMATION ABOUT US

We are a non-profit company. Our objectives set out the main purpose of the education and what we hope to achieve, namely to improve health in India and globally by advancing education in relation to physiotherapy and improving access to physiotherapy knowledge. 

4. CHANGES TO THESE TERMS OR THE ONCOPHYSIO SERVICE

OncoPhysio may modify these Terms of Service at any time and without notice, so please review them periodically so that you are aware of any such modification. Your continued use of the Site and the OncoPhysio Service will mean you accept those changes and such changes will therefore be binding upon you.

OncoPhysio reserves the right to modify or terminate the OncoPhysio Service or any Editor account, and to update the Site and change or remove any text, images, videos, graphics and other information, whether provided by OncoPhysio or by its Editors or Authors (“Content”) at any time and for any or no reason, without notice and with no liability to you. Content on the Site may be out of date at any given time, and OncoPhysio is not obliged to keep it up to date.

5. ACCESSING THE SITE

The Site is made available free of charge.

OncoPhysio does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. OncoPhysio may suspend, withdraw or discontinue or change all or any part of the Site without notice. OncoPhysio will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.

6. NO PROVISION OF MEDICAL ADVICE

OncoPhysio DOES NOT PROVIDE MEDICAL ADVICE.

The Content does not constitute medical advice of any kind, and is not intended to be, and should not be, used to diagnose or identify treatment for a medical condition. The Content should never be used in place of the advice of your physician or other medical professional, and your use of OncoPhysio indicates your agreement not to do so. Nothing on the Site or included as part of any project of OncoPhysio, including the OncoPhysio Service, should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

OncoPhysio is intended as an educational resource for you to learn about issues relating to physiotherapy. There is absolutely no assurance that any statement contained or cited in the Content touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to you or your symptoms. If you are a patient or suspect that you are suffering from a medical condition, see your doctor for medical advice and diagnosis. If you are affected by any potential health or medical emergency, call your local emergency service immediately.

OncoPhysio does not recommend or endorse any treatment, institution, product, professional, physician, procedure, test, opinion or other information that may be mentioned on OncoPhysio. By using the OncoPhysio Service, you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people that are neither employees of OncoPhysio nor controlled by OncoPhysio and the Content is constantly changing. OncoPhysio does not validate or otherwise endorse the Content, nor does it validate the credentials of the people contributing to the Site.

The Content and the use of the Content by you DOES NOT create a doctor-patient relationship between you and OncoPhysio or any of the Editors or Authors or OncoPhysio personnel, or anyone else connected with OncoPhysio in any way whatsoever (“Members of OncoPhysio”).
Information and statements regarding dietary supplements have not been evaluated by the Medicines and Healthcare Products Regulatory Agency, Indian Medicines Agency or any other regulatory agency or body and are not intended to diagnose, treat, cure, or prevent any disease.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

7. GENERAL DISCLAIMER

YOU USE ONCOPHYSIO AT YOUR OWN RISK. DO NOT RELY UPON ANY INFORMATION FOUND IN ONCOPHYSIO WITHOUT PROFESSIONAL ADVICE.

PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN OncoPhysio MAY BE INACCURATE, MISLEADING, DANGEROUS, ILLEGAL OR DOES NOT CORRESPOND WITH THE STATE OF KNOWLEDGE IN THE RELEVANT FIELDS.

7.1 No guarantee of validity

OncoPhysio.com is an online open-content collaborative blog, that is, a voluntary association of individuals and groups working to develop a common resource of physiotherapy knowledge. The structure of the project allows anyone with an Internet connection to alter its content. OncoPhysio therefore cannot guarantee the validity of the information provided on the Site and through the OncoPhysio Services. OncoPhysio does not monitor or edit the information provided on the Site and through the OncoPhysio Services and does not take any responsibility for this information. Furthermore, we do not endorse any opinions expressed on the Site or through the OncoPhysio Services and only provide access to this information.

Some information on OncoPhysio may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.

The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your person, property or reputation. If you need specific advice, please seek a professional licensed or knowledgeable in that area.

None of the Members of OncoPhysio is responsible for your use of the information provided through the OncoPhysio Service and/or contained in or linked from the Site.

7.2 No formal peer review

OncoPhysio is not uniformly peer reviewed. Editors or Authors may correct errors or engage in casual peer review, however, they have no legal duty to do so and thus all information provided on the Site and through the OncoPhysio Services is without any implied warranty of fitness for any purpose or use whatsoever. Articles that have been vetted by informal peer review or featured article processes may later have been edited inappropriately before you view them.

None of the Members of OncoPhysio is responsible for the appearance of any inaccurate or libellous information or for your use of the information contained in or linked from the Site.

OncoPhysio is not responsible should someone change, edit, modify or remove any information that you may post on OncoPhysio or any of its associated projects.

7.3 No contract; no license

Content provided by OncoPhysio is provided freely, and no agreement or contract is created between you and OncoPhysio, the owners or users of the Site, the owners of the servers upon which it is housed, the Members of OncoPhysio, or anyone else who is in any way connected with this project subject to your claims against them directly.

You may not use content from the Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

7.4 Trade marks

Any of the trade marks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on OncoPhysio are the property of their respective owners. Their use on the Site does not imply that you may use them for any other purpose. Unless otherwise stated the Site and OncoPhysio are neither endorsed nor affiliated with any of the holders of any such rights and as such OncoPhysio cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

7.5 Personality rights

OncoPhysio may contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent of their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else’s personality rights.

7.6 Grant of Rights

You grant OncoPhysio and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site, for example, to analyse website traffic. OncoPhysio cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using OncoPhysio tools and services.

7.7 Jurisdiction and legality of content

Publication of information found in OncoPhysio may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The OncoPhysio database is stored on a server in India and is maintained in reference to the protections afforded under Indian law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. OncoPhysio does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

8. EDITORS OR AUTHORS: CONTRIBUTING TO THE ONCOPHYSIO 

8.1 Skills and Qualifications

In order to contribute to OncoPhysio, you must be either:

  1. A physiotherapist or physical therapist, or another health professional who is registered with the relevant regulatory body in the applicable country; or
  2. A student who is currently undertaking training following which you will become a physiotherapist or physical therapist, or other health professional registered with the relevant regulatory body in the applicable country,

and in each case, who has applied and been approved by the OncoPhysio administrators to contribute to the OncoPhysio (an “Editor” or “Author”). 

8.2 Registration

In order to become an Editor, you must follow the registration instructions on the Site and create a profile with a unique username and password (your “Editor or Authors Profile”), so that users can identify you.

8.3 Your Editor or Author Profile

You are fully responsible for all activities conducted using your username and password, including your interactions with other Members of OncoPhysio, whether through the Site, within the OncoPhysio Service or independently, and for any Content contributed to the Site using your Editor or Authors Profile. See also Section 1.9.3 (Communications with Others).

Your Editor profile username must be your full name,

Once created, you may request to delete your Editor Profile by contacting the support team at support@oncophysio.com

8.4 Password security

You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorising the disclosure of, your password or from the use by any person of your password to gain access to the Site or your Editor Profile. You are prohibited from disclosing your password to another person, and from using the password or username of another Member of OncoPhysio at any time. If you know or suspect that anyone other than you knows your password, you must promptly notify OncoPhysio at support@oncophysio.com It is your sole responsibility to promptly inform OncoPhysio of any need to change a password.

8.5 OncoPhysio’s right to disable Editor Profile

OncoPhysio has the right to disable any Editor Profile, at any time, if in OncoPhysio’s reasonable opinion, you have failed to comply with any of the provisions of these Terms of Service.

9. EDITORS / AUTHORS: CONTENT YOU CONTRIBUTE TO THE SITE

OncoPhysio reserves the right to remove any of the Content you contribute to OncoPhysio (“Your Content”) at any time, without notice and for any reason or no reason, and to terminate any accounts containing or contributing Prohibited Content (as defined below). You understand and agree that OncoPhysio is under no obligation to display, reproduce, or distribute the Content that you post.

9.1 Submissions to OncoPhysio

You agree that you will not upload or transmit any communications or content of any type to OncoPhysio that infringes or violate any rights of any party. By submitting communications or content to OncoPhysio, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to OncoPhysio by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party.

If you make any submission to OncoPhysio by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted to OncoPhysio a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. OncoPhysio may sublicense its rights through multiple tiers of sublicenses.

9.2 Please Respect the Copyright of Others

You represent and warrant that:

  1. You own the Intellectual Property Rights (as defined below) in Your Content or otherwise have the right to grant the license set forth in these Terms of Service;
  2. Your Content does not violate the privacy rights, publicity rights, Intellectual Property Rights or other rights of any person; and
  3. Your Content is not used for the primary purpose of promoting your business.

Note that copyright protection covers the expression of ideas, not the ideas or information themselves. That means you are allowed to read a magazine article, encyclopaedia or other work, recast the ideas in your own words, and submit it to OncoPhysio. In those cases, however, you should still cite the original source as a reference. Note that content on OncoPhysio must be verifiable and based on reliable evidence and research so source references are welcome and highly encouraged.

9.3 Linking to other copyright works

Within Your Content, you may include links to copyright works on other websites, provided that the work is freely available on the third-party website.

9.4 Communications with Others

As an Editor or Author, you may post Content and communicate with other Editors or Authors on the Site. You are solely responsible for such communications and other Content and your use of any communications or other Content provided by other Editors or Author is at your own risk. You agree not to impersonate any other person, or to communicate with other Editors or Author in a manner which may imply that you are anyone other than yourself. If any communication or other Content causes you to feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. OncoPhysio has no obligation to mediate any disputes between you and any other party, including any parties you communicate with on the Site.

9.5 Your License to OncoPhysio

While OncoPhysio makes no claim of ownership with respect to Your Content, by providing Your Content you grant to OncoPhysio a worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and publicly display Your Content on the Site and/or through the OncoPhysio Service.

9.6 User Submissions – personal data, image, video, and audio files

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

To protect your privacy, you may not wish to submit personal information (though note that your user name must be your full name). Uploading personal data, including media like images or videos of other people without their permission is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

To the extent that you submit to OncoPhysio any personal data belonging to third parties, you warrant that you have the consent of that third party to submit such data to OncoPhysio, and indemnity us in respect of all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by OncoPhysio arising out of or in connection with breach of this warranty.

It is strictly prohibited to upload media of any kind that contain Content of the type described in Section 1.12 (Prohibited Content on OncoPhysio) or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Service and the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.

By uploading any media like a photo or video:

  1. You grant to OncoPhysio a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media;
  2. You warrant that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorises OncoPhysio to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and
  3. You agree to indemnify OncoPhysio and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

OncoPhysio reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at its sole discretion.

10. ONCOPHYSIO CONTENT

The Content, the Site and any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of OncoPhysio and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content except as expressly provided herein.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Content.

10.1 OncoPhysio’s License to You

Subject to your compliance with these Terms of Service, OncoPhysio grants free access to the Content of OncoPhysio.

If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

10.2 Links to OncoPhysio Content

Subject to your compliance with these Terms of Service, OncoPhysio hereby grants you a restricted, non-exclusive, and revocable license to use hyperlinks or otherwise refer to the Content (collectively, a “Link”), provided that:

  1. links may not suggest or imply in any way that OncoPhysio promotes, sanctions or otherwise approves any website, organisation, individual, product, service or information;
  2. you do not misrepresent the Site, the OncoPhysio Service or your relationship with OncoPhysio; and
  3. you may not include a Link on any website that could be construed as, or that a reasonable person may consider obscene, offensive, or inappropriate. OncoPhysio reserves the right to require you to remove any Link at any time in OncoPhysio’s sole discretion.

11. PROHIBITED ACTS

In consideration of being allowed to use the Site and the OncoPhysio Service, you agree that you shall not:

  • use the Site or the OncoPhysio Service for any purpose in violation of local, state, national, or international laws;
  • post material that infringes the Intellectual Property Rights of others or on the privacy or publicity rights of others;
  • post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by OncoPhysio in its sole discretion;
  • post advertisements or solicitations of business;
  • after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • post chain letters or pyramid schemes;
  • impersonate another person;
  • distribute viruses or other harmful computer code;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • allow any other person or entity to use your identification for posting or viewing comments;
  • post the same note more than once or undertake “spamming”; or
  • engage in any other conduct that restricts or inhibits any other person from using or enjoying any of the OncoPhysio Service and/or the Site, or which, in the judgment of OncoPhysio, exposes OncoPhysio or any of its customers or suppliers to any liability or detriment of any type.

OncoPhysio reserves the right (but is not obligated) to do any or all of the following:

  • investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
  • remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Service; and
  • terminate a user’s access to any of the OncoPhysio Service and/or the Site upon any breach of these Terms of Service, including the above restrictions.

OncoPhysio or its licensors have no liability or responsibility to users of the OncoPhysio Service or any other person or entity for the performance or non-performance of the aforementioned activities.

12. PROHIBITED CONTENT ON ONCOPHYSIO

Prohibited content includes content that:

  • is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
  • bullies, harasses or advocates stalking, bullying, or harassment of another person;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming,”
  • is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes another person’s content without a license to do so, whether or not the Intellectual Property Right is registered (or filed for registration) in any country;
  • promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
  • is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
  • provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
  • solicits passwords or personally identifying information for commercial or unlawful purposes from users of the Site or the OncoPhysio Service;
  • attempts to impersonate another user or individual, or uses the username of another user or individual;
  • with the intent to deceive or mislead, submits content to OncoPhysio that is false, inaccurate or misleading;
  • except as expressly approved in writing by OncoPhysio, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software;
  • constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
  • engages in any other conduct that restricts or inhibits any other person from using or enjoying the Site, the OncoPhysio Services, or which, in the judgment of OncoPhysio, exposes or may expose OncoPhysio, any of its licensors, Members of OncoPhysio or suppliers, or any visitors to the Site to any liability or detriment of any type;
  • using the services in a manner that is inconsistent with applicable law, collectively “Prohibited Content”.

13. GEOGRAPHIC DISCLAIMER

Publication of information found in OncoPhysio may be in violation of the laws of the country or jurisdiction from where you are viewing this information.

The OncoPhysio database is stored on a server in India and is maintained in reference to the protections afforded under the laws of India. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. OncoPhysio does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

Access to the Site and content may not be legal for some persons or in some countries outside India. If you access and use OncoPhysio and the Content from outside of India, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.

14. THIRD PARTY WEBSITES

Where the Site contains links or other references to third-party websites and resources provided by third parties, these links and references are provided for your information only. OncoPhysio has no control over the content of those websites or resources and assumes no responsibility for the content of such websites and resources or makes any representations as to their content or accuracy.

OncoPhysio also may select certain sites as priority responses to search terms you enter and OncoPhysio may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.

OncoPhysio does not endorse any product, service, or treatment advertised on the Site and does not endorse the content on any third-party websites. OncoPhysio assumes no responsibility for the content or privacy policies of any such Web sites and does not make any representations regarding their content or accuracy.

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. By using the Site, you expressly relieve OncoPhysio from any and all liability arising from your use of any third-party website.

15. VIOLATIONS OF THESE TERMS OF SERVICE

Any use of the OncoPhysio Service in violation of these Terms of Service may result in, among other things, termination of your rights to use the Site and the licenses granted in these Terms of Service. To cooperate with legitimate legal requests, subpoenas or court orders, OncoPhysio may access and disclose any information and content OncoPhysio considers necessary, including any and all information such as full names, e-mail addresses, content, IP address, use history, etc.

OncoPhysio has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for OncoPhysio, as determined by OncoPhysio in its sole discretion. OncoPhysio reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms of Service, including without limitation removing or modifying Content, terminating your account, reporting you to law enforcement authorities or taking legal action against you.

16. COPYRIGHT VIOLATIONS

OncoPhysio will respond to notices of alleged copyright infringement that comply with applicable law. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any OncoPhysio Content and you want OncoPhysio to remove such Content from the Site, you must provide OncoPhysio with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyright works are covered by a single notification, a representative list of such works. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  • Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
  • Information reasonably sufficient to permit OncoPhysio to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to OncoPhysio’s digital format to support@oncophysio.com

In an effort to protect the rights of copyright owners, OncoPhysio maintains a policy for the termination, in appropriate circumstances, of Editors of the Site who are repeat infringers.

Please take all steps necessary to ascertain that any information you receive from OncoPhysio is correct and has been verified. Check the references at the end of the article. Read the article’s talk page and revision history to see if there are any outstanding disputes over the contents of the article. Double-check information with independent sources.

17. RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES AND SOLE REMEDY

17.1 Release

As a condition of access to the Site and the OncoPhysio Service, you release OncoPhysio (and OncoPhysio’s stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Site, (ii) your use of any Content, including any incorrect, misleading or inaccurate Content, or (ii) the conduct of any Editor or visitor to the Site.

17.2 Indemnification

You agree to indemnify and hold OncoPhysio and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site or the OncoPhysio Service, any content you submit or otherwise make available through the Site or the OncoPhysio Service, your use or distribution of any OncoPhysio Content, or your violation of these Terms of Service or of any rights of a third party.

You agree to provide the indemnities stated in section 1.9.5 of these Terms of Service.

17.3 Disclaimer of Warranties

When using the Site and OncoPhysio Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of OncoPhysio and its suppliers. Accordingly, OncoPhysio assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site and the OncoPhysio Service.

USE of the OncoPhysio service is at your discretion and at your own risk. The OncoPhysio service, content, other information and software ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, and to the extent permitted by law, without representation or warranties of any kind, whether express, implied or statutory. To the extent permitted by law, OncoPhysio and its licensors do not warrant that the OncoPhysio service will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the OncoPhysio Service will be accurate or reliable; or that the Site will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

ONCOPHYSIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE OncoPhysio SERVICE OR ANY LINKS INCLUDED IN THE ONCOPHYSIO SERVICE.

Without limiting the foregoing, OncoPhysio, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the OncoPhysio Service or OncoPhysio.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

17.4 Limitation of Liability

IN NO EVENT SHALL ONCOPHYSIO, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY ONCOPHYSIO SERVICE OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH ONCOPHYSIO, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF OncoPhysio, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

17.5 Sole Remedy

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF USE OF THE SITE OR THE ONCOPHYSIO SERVICE OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF SITE AND THE ONCOPHYSIO SERVICE.

18. TERMINATION

You acknowledge and agree that OncoPhysio may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your OncoPhysio account, any related email address, and your access to the Site and the OncoPhysio Service.

19. MISCELLANEOUS PROVISIONS

You agree that:

  • these Terms of Service, the OncoPhysio Privacy and Cookie Policy and all matters regarding your access to and use of OncoPhysio will be governed by and construed in accordance with Indian law, without giving effect to its conflict of laws provisions;
  • you expressly agree that exclusive jurisdiction for any dispute with OncoPhysio, or in any way relating to your use of Site and/or the OncoPhysio Service, resides in the courts located within India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located within India in connection with any such dispute including any claim involving OncoPhysio or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
  • these Terms of Service, the Privacy and Cookie Policy and (if applicable) OncoPhysio terms and conditions, constitute the entire agreement between you and OncoPhysio with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;
  • if any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect; and
  • no waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and OncoPhysio’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
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