ClinicalMediaHub.com Terms of Use
Last Revised: May 26, 2024
Welcome to ClinicalMediaHub.com’s Terms of Use. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. Clinical Media Hub offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
Introduction
Our Purpose
- Our services offer our Subscribers (as defined below) the opportunity to gain a well-designed and functional online presence, to promote businesses, content, and ideas, and to increase their reach within their potential audience – even without being tech-savvy or a design As detailed below, we create professional websites, online e-commerce platforms, branding and online and mobile applications, tools, and provide marketing and other related services. The online and mobile websites, functionalities, and platforms created for our Subscribers are collectively referred to herein as “Subscriber Platform(s)”.
Legal Agreement
These ClinicalMediaHub.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented and or described on the ClinicalMediaHub.com website(s) (“Clinical Media Hub Website”, and collectively – the “Clinical Media Hub Terms”), set forth the entire terms and conditions applicable to each visitor, user or Subscriber (“Subscriber” or “you”) of the Clinical Media Hub Website, the Clinical Media Hub mobile application (the “Clinical Media Hub App”) and/or any other creative, marketing and/or development services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Clinical Media Hub Website, the Clinical Media Hub App or by those explicitly authorized by us, collectively – the “Clinical Media Hub Services” or “Services”). For the avoidance of doubt, Clinical Media Hub Services (as defined in these Terms of Use) do not include services, applications, features, or components that were wholly built, developed, connected and/or offered by a Clinical Media Hub Subscriber, even if presented on a Subscriber Platform, the Clinical Media Hub Website or the Clinical Media Hub App.
The Clinical Media Hub Terms constitute a binding and enforceable legal contract between ClinicalMediaHub.com and its affiliated companies and subsidiaries worldwide (“Clinical Media Hub”, “us” or “we”) and you in relation to the use of any Clinical Media Hub Services – so please read them carefully.
By using our Services, you also acknowledge that you have read our Privacy Policy available at our Privacy Policy.
Subscriber Account
In order to access and use the Clinical Media Hub Services, you must register and create an account with Clinical Media Hub (“Subscriber Account”).
The purchase of Paid Services (as defined in Section 6 below) and the creation of a Subscriber Account can be done either directly on the Clinical Media Hub Website.
Access to Accounts; Roles and Permissions
You may invite others to your Subscriber Account and your Subscriber Platform and assign them certain roles and permissions to perform certain activities within your Subscriber Account and Subscriber Platforms.
A person granted permission to perform activities on a Subscriber Account that such person does not own is referred to herein as a “Contributor”.
If anyone other than yourself (including Contributors) accesses your Subscriber Account and/or any of your Subscriber Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the Clinical Media Hub Services), make changes to your Subscriber Platform(s) and Subscriber Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the Subscriber Account, whether or not specifically authorized by you.
Therefore, we strongly encourage you to (i) keep the log-in credentials of your Subscriber Account confidential, and (ii) allow access to your Subscriber Account, only to people you trust – as you will be solely and fully responsible for all activities that occur under your Subscriber Account and/or Subscriber Platforms (including for any representations, warranties, and undertakings made therein and
You must provide accurate and complete information when registering your Subscriber Account and using Clinical Media Hub Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the Subscriber Account and/or Subscriber Content (as defined below) submitted to us.
You can allow others to access certain Subscriber Account and/or Subscriber Platform settings and contribute and/or manage your Subscriber Platform. If you are a Contributor and you access a Subscriber Account and/or a Subscriber Platform these Terms of Use apply to you as well.
If you are invited as a Contributor to a Subscriber, you acknowledge that the owner of such Subscriber Platform (i) shall have full access to any information (including personal information) that is stored by you or on your behalf on such Subscriber Platform and/or Subscriber Platform; and (ii) shall have all the rights and functionalities awarded to a Subscriber Account owner, in connection with such Subscriber Platform.
Account Ownership
For each Subscriber Platform, Clinical Media Hub will consider the owner of such Subscriber Platform to be the person or entity whose email address is listed in Clinical Media Hub’s records as the owner of the Subscriber Account under which the Subscriber Platform was created.
In case of a dispute on Subscriber Account ownership, we reserve the right to determine ownership to a Subscriber Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a Subscriber Account and/or Subscriber Platform until the parties disputing such ownership, reach a resolution, without Clinical Media Hub having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.
We may consider the principles set forth below to determine ownership.
- If you are invited as a Contributor to a Subscriber Platform, you acknowledge that the owner of such Subscriber Platform (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such Subscriber Platform; and (ii) shall have all the rights and functionalities awarded to a Subscriber Account owner, in connection with such Subscriber
- Clinical Media Hub will consider the person or entity who has access to the e-mail address (listed in Clinical Media Hub’s records for a Subscriber Account under which such Subscriber Platform or Subscriber Content was created) as the owner of a Subscriber Account, Subscriber Platform, and/or Subscriber Content created and/or uploaded to the relevant Clinical Media Hub
- If any Paid Services were purchased via a Subscriber Account, Clinical Media Hub may consider the owner of such Subscriber Account and/or the relevant Subscriber Platform and/or Subscriber Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable, if a Subscriber Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the whois.net website or on Clinical Media Hub’s database, Clinical Media Hub may consider the owner of such Subscriber Platform as the person or entity organization are both registered as the registrant or the registrant organization of such a domain, Clinical Media Hub will consider the organization as the actual owner of the domain. In the event the Billing Information indicates one person as the owner of the Subscriber Platform and the domain registration indicates a different owner, Clinical Media Hub shall consider the person registered as the owner of the domain connected to the Subscriber Account as the owner of the Subscriber Platform.
- Notwithstanding the foregoing, Clinical Media Hub shall have the right to determine the ownership of Subscriber Content, Subscriber Account and/or a Subscriber Platform as it chooses, including by ignoring the indications set forth above, in the event Clinical Media Hub deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of Clinical Media Hub.
Your Obligations
You represent and warrant that:
- you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Clinical Media Hub Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Clinical Media Hub Terms;
- you are not ordinarily resident of, and will not use or distribute the Clinical Media Hub Services or Clinical Media Hub App in, any country or region subject to S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”). You further confirm that you will not use or distribute the Clinical Media Hub Services or the Clinical Media Hub App directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify Clinical Media Hub against any and all losses, including without limitation, monetary penalties and legal fees, that Clinical Media Hub may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that Clinical Media Hub does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Subscribers, or your compliance therewith;
And specifically regarding your Subscriber Content:
- you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by Clinical Media Hub Services for you, to your Subscriber Platform (“Subscriber Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, Subscriber names, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Subscriber Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such Subscriber Content, by you and us or any of our affiliates;
- you have (and will maintain) the full power, title, licenses, consents and authority to allow Clinical Media Hub to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your Subscriber Content.
- the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your Subscriber Platform’s visitors and users (“End Users”) reside, or for Clinical Media Hub and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Clinical Media Hub Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission, and publication of any personal and health information and/or image or likeness of any person, entity or property.
- Subscriber Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the location and country in which you or your Subscriber Platform’s visitors and/or Subscribers (“End Subscribers”) reside, or for Clinical Media Hub and/or your End Subscribers to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Clinical Media Hub Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Subscriber Content, and you will adhere to all laws applicable
You undertake and agree to:
- fully comply with all applicable laws and any other contractual terms which govern your use of the Clinical Media Hub Services (and any related interaction or transaction), including those specific laws applicable to you or your End Subscribers in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the Clinical Media Hub Services which occur under your Subscriber Account and/or Subscriber Platform(s), and for any of your Subscriber Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such Subscriber Content on or with respect to the Clinical Media Hub Services);
- regularly and independently save and backup any of your Subscriber Content and the information that is being processed by you regarding your Subscriber Platform, including with respect to End Subscribers, Subscriber Products, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you;
- receive from time to time promotional messages and materials from Clinical Media Hub or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
- allow Clinical Media Hub to use in perpetuity, worldwide and free of charge, any version of your Subscriber Platform (or any part thereof) for any of Clinical Media Hub’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Clinical Media Hub or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Subscriber Platform with respect to such limited permitted uses;
- accept Clinical Media Hub’s sole discretion as to the means, manner, and method for performing the Clinical Media Hub Services, including those regarding the hosting, transmission, publication and/or display of any Subscriber Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- Clinical Media Hub shall have the right to offer the Clinical Media Hub Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the Clinical Media Hub Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage,
You agree and undertake not to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Clinical Media Hub Website, the Clinical Media Hub Services (or any part thereof), any Content offered by Clinical Media Hub or Third Party Services for use and display within Subscriber Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior explicit approval in writing;
- submit, transmit or display any Subscriber Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Clinical Media Hub or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
- upload, insert, collect or otherwise make available within the Clinical Media Hub Website or the Clinical Media Hub Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
- publish and/or make any use of the Clinical Media Hub Services or Licensed Content on any website, media, network or system other than those provided by Clinical Media Hub, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Clinical Media Hub Services, Licensed Content and/or Subscriber Platform (or any part thereof), except as expressly permitted by Clinical Media Hub, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Clinical Media Hub Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Clinical Media Hub Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Clinical Media Hub Services;
- act in a manner which might be perceived as damaging to Clinical Media Hub’s reputation and goodwill or which may bring Clinical Media Hub into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Clinical Media Hub or Clinical Media Hub Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Clinical Media Hub Services and/or Subscriber Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Clinical Media Hub and/or any End Subscribers;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Clinical Media Hub or any third party endorses you, your Subscriber Platform, your business, your Subscriber Products, or any statement you make;
- reverse look-up, trace, or seek to trace another Subscriber of Clinical Media Hub Services, or otherwise interfere with or violate any other Subscriber’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or Subscribers of the Clinical Media Hub Services and/or Subscriber Platform without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Clinical Media Hub Services, Subscriber Platform, the account of another Subscriber(s), or any other systems or networks connected to the Clinical Media Hub Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Clinical Media Hub Services or any network connected to the Clinical Media Hub Services;
- upload to the Clinical Media Hub Services and/or Subscriber Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Clinical Media Hub Services or Clinical Media Hub’s systems or networks connected to the Clinical Media Hub Services, or otherwise interfere with or disrupt the operation of any of the Clinical Media Hub Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Clinical Media Hub Services and/or Subscriber Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- utilize any of the Clinical Media Hub Services or Clinical Media Hub Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file Including indirect utilization, through integration or connection with third-party platforms or services;
- access to Clinical Media Hub Services, Subscriber Accounts, Licensed Content and/or Subscriber Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Clinical Media Hub Services, except as expressly permitted by the Clinical Media Hub Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Clinical Media Hub Services and/or Licensed Content;
- violate, attempt to violate, or otherwise fail to comply with any of the Clinical Media Hub Terms or any laws or requirements applicable to your use of the Clinical Media Hub Services; or
- access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Subscriber Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Content and Ownership
- Your Intellectual Property
- As between Clinical Media Hub and you, you shall own all intellectual property pertaining to your Subscriber Content and to any other materials created, developed, or connected to Clinical Media Hub Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary Clinical Media Hub does not claim ownership rights on your Subscriber Content or the content you connected to the Clinical Media Hub Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your Subscriber Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub- licensable, royalty-free, and worldwide license to use your Subscriber Content for the Purpose.
- Clinical Media Hub’s Intellectual Property
- All rights, title and interest in and to the Clinical Media Hub Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Clinical Media Hub Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Clinical Media Hub.
- Subject to your full compliance with the Clinical Media Hub Terms and timely payment of all applicable Fees, Clinical Media Hub hereby grants you, upon creating your Subscriber Account and for as long as Clinical Media Hub wishes to provide you with the Clinical Media Hub Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Clinical Media Hub Services and Licensed Content, for the purpose of generating and displaying your Subscriber Platform to End Subscribers and offering your Subscriber Products (as defined below) therein, solely as expressly permitted under the Clinical Media Hub Terms, and solely within the Clinical Media Hub
- The Clinical Media Hub Terms do not convey any right or interest in or to Clinical Media Hub’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Clinical Media Hub Terms constitutes an assignment or waiver of Clinical Media Hub’s Intellectual Property rights under any
In addition to the above, certain fonts, images and other media made available to you within the Clinical Media Hub Services, may be licensed to Clinical Media Hub by a third party provider, and may therefore be subject to additional license terms of such provider.
Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Clinical Media Hub Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights Feedback, such Feedback shall be exclusively owned by Clinical Media Hub. By providing such Feedback to Clinical Media Hub, you acknowledge and agree that it may be used by Clinical Media Hub in order to: (i) further develop, customize and improve of the Clinical Media Hub Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Clinical Media Hub -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Clinical Media Hub may use to provide and improve its services, (vi) to enhance Clinical Media Hub data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Clinical Media Hub any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback
Privacy
- Certain parts of the Clinical Media Hub Services (including certain Third Party Services available therein, as further explained in Section 10 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable In particular and as a part of accessing or using the Clinical Media Hub Services, Clinical Media Hub and such Third Party Services may collect, access and use certain data pertaining to Subscribers and End Subscribers, including the activities or navigation undertaken by Subscribers and End Subscribers through the Clinical Media Hub Services and/or Subscriber Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
AI Services
- As part of the Clinical Media Hub Services, Clinical Media Hub may provide you with access to artificial intelligence and machine learning tools and products, which will help you build your Subscriber Platform by generating Content (the “AI Tools”). Additionally, Clinical Media Hub may provide you with access to artificial intelligence and machine learning tools and products for you to activate and thus offer your End Subscribers the option to engage with AI (“AI Products”, and together with AI Tools – “AI Services”). This section applies only to the extent AI Services are used by you as part of the Clinical Media Hub
Input and Output
The AI Services enable you or your End Subscribers to input, provide, or submit a prompt (in the form of text, image, or otherwise) (an “Input”) into the AI Services, and thus direct the AI Services to generate Content as an output (an “Output”).
Output Accuracy
The nature of AI technology is such that it is difficult to fully control and predict outputs. As such, Clinical Media Hub does not represent or warrant that the Output generated by the AI Services will meet your or your End Subscribers’ needs or expectations, and we disclaim all responsibility and liability for the accuracy, completeness, relevancy, intellectual property compliance, legality, decency, quality, non-bias, or any other aspect of such Output. This may happen, for example, in cases where the generated Output is related to medical, legal, or financial topics. The Output may also violate someone else’s rights, such as privacy or intellectual property rights. The Output may not be unique to you or your End Subscribers, and other Subscribers of the AI Services may generate their own Output that is identical or similar to Outputs that may be generated for you, or your End Subscribers. Accordingly:
- You are responsible for reviewing all Outputs of AI Tools before you use, publish, transmit or display an Output in any manner, and for ensuring that you are legally permitted to use such
- You must treat the Output as a mere suggestion and decide based on your sole discretion whether or not it represents your views, serves your intended purpose, and conveys the message you wish to convey.
- You are responsible for informing your End Subscribers, if and when required by applicable laws and regulations, of any restrictions, limitations, or obligations the End Subscribers need to comply with when using the Outputs of AI Products, including the need to review the Output before using it.
- You acknowledge that the generated Outputs do not represent Clinical Media Hub’s
- Your Input
You agree that your, and your End Subscribers’, Input shall be deemed Subscriber Content (as defined above) and the Terms shall apply, to the extent permitted by applicable law, to all such Input as if it were Subscriber Content.
Output ownership
If you choose to use, publish, transmit or display an Output in any manner, it shall be considered your Subscriber Content (as defined above), and the Terms shall apply, to the extent permitted by applicable law, as if it were Subscriber Content. As between you (or your End Subscribers) and Clinical Media Hub, Clinical Media Hub does not claim any ownership rights in the Output to the extent that the Output does not contain any pre-existing intellectual property owned by Clinical Media Hub.
- To the extent a license is required under applicable laws and regulations, and in addition to the license you grant us under Section 1 above, you also grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to: (a) access, upload, copy, make and display adjustments, train our software tools, duplicate, and perform any other technical actions and/or uses with your (and your End Subscribers) Input and Output in order to: improve Clinical Media Hub Services; review Inputs and Outputs for compliance with applicable laws and enforce the Terms; and (b) provide copies of your (and your End Subscribers’) Inputs and Outputs to our Third- Party Services or to our subcontractors, as required to provide our Subscribers with Clinical Media Hub Services.
Third-party Services
Clinical Media Hub may use Third-Party Services to provide the AI Services to you and use of such Third-Party Services will be subject to section 10 of these Terms. In your use of Clinical Media Hub’s AI Services, including your use of any Inputs and Outputs, you acknowledge and agree to review and comply with, and to require each of your End Subscribers to review and comply with, the Third-Party AI Services’ policies, which may change from time to time.
Service Fees
Paid Services
The use of certain Clinical Media Hub Services may be subject to payment of particular fees, as determined by Clinical Media Hub in its sole discretion (“Paid Services” and “Fee(s)”, respectively).
- Clinical Media Hub will notify you of the Fees then in effect, you need to pay directly to Clinical Media Hub in relation to the Paid Services you decide to purchase from Clinical Media Hub. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance
- Clinical Media Hub reserves the right to change its Fees at any time in its sole Clinical Media Hub will send a notice regarding the change to if such a change will affect your existing subscriptions
- you received a discount or other promotional offer, either from Clinical Media Hub, Clinical Media Hub shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such Clinical Media Hub Service(s) at the full then-current applicable
- All Fees paid directly to Clinical Media Hub shall be deemed to be in S. Dollars, except as specifically stated otherwise in writing by Clinical Media Hub. To the extent permitted by law (and unless specified otherwise by Clinical Media Hub in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Clinical Media Hub Services, or to any payments or purchases made by you. If Clinical Media Hub is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Clinical Media Hub is not responsible for any such additional fees or costs.
- If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.
- If you purchase Paid Services directly from Clinical Media Hub, then as part of registering or submitting information to receive Paid Services, you also authorize Clinical Media Hub (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Clinical Media Hub or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
- You must keep a credit card stored with Clinical Media Hub or a third party contracted by Clinical Media Hub to pay for your Paid Services (“Stored Card”) that are purchased directly from Clinical Media Hub. You will be able to identify your Stored Card by its last four digits on your Account Settings
Invoices
- Clinical Media Hub and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Clinical Media Hub (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your Subscriber Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local Please note that the Invoice presented in your Subscriber Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only
Subscription Auto-Renewals
- In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by Clinical Media Hub), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one year, each of its renewal periods (where applicable) will be for one year.
- Accordingly, where applicable and as for Fees paid directly to Clinical Media Hub, Clinical Media Hub will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Subscriber Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Clinical Media Hub will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
- By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above
- You may turn off the auto- renewal option for Renewing Paid Services at any time via your Subscriber
- Certain domains are subject to different renewal policies and it is your responsibility to ensure their renewal and Clinical Media Hub shall not be responsible or liable for any interruption of services related to any failure to renew such domains.
- Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.
Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Clinical Media Hub Services you use (whether or not such Clinical Media Hub Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Clinical Media Hub Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Clinical Media Hub Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Clinical Media Hub in relation to the discontinuation of any Clinical Media Hub Services or Third Party Services, for whatever reason.
Chargebacks
- If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to Clinical Media Hub, on your Clinical Media Hub account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Clinical Media Hub Services may be automatically disabled or
- In the event a Chargeback is performed, your Subscriber Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Subscriber Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined below).
- Your use of the Clinical Media Hub Services will not resume until you re-subscribe for any such Clinical Media Hub Services, and pay any applicable Fees in full, including any fees and expenses incurred by Clinical Media Hub and/or any Third Party Services for each Chargeback received (including Fees for Clinical Media Hub
- If you have any questions or concerns regarding a payment made by you to Clinical Media Hub, we encourage you to first contact our Clinical Media Hub’s Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Clinical Media Hub Services from being canceled and your Subscriber Account and/or Subscriber Platform being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Clinical Media Hub Services purchased (and charged-back) by you.
- We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.
Cancellation
Cancellation by Subscriber
- You may discontinue to use and request to cancel your Subscriber Account and/or any Clinical Media Hub Services at any time, in accordance with the instructions available on the Clinical Media Hub The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Clinical Media Hub Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
- Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made – if purchased directly from Clinical Media Hub, at least fourteen (14) days prior to the expiration of the then-current service period.
- Cancellation by Clinical Media Hub
- Failure to comply with any of the Clinical Media Hub Terms and/or to pay any due Fee shall entitle Clinical Media Hub, among other things, to suspend (until full payment is made) or cancel your Subscriber Account and Subscriber Platform (or certain features thereof), as well as the provision of any related Clinical Media Hub Services (e.g., Paid Services) or Third Party Services to
Loss of Data, Content and Capacity
- If your Subscriber Account or any Clinical Media Hub Services or Third Party Services related to your Subscriber Account are canceled (whether at your request or at Clinical Media Hub’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Subscriber Account, including any Subscriber Content, End Subscriber data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Clinical Media Hub shall not be liable in any way for such Capacity Loss, or for saving a backup of your Subscriber Account, Subscriber Content or End Subscriber Please also note that additional Fees may apply to re-activation of a Subscriber Account and/or any Clinical Media Hub Services following their cancellation, as determined by Clinical Media Hub in its sole discretion.
- Following the termination of your Subscriber Account or Subscriber Platform, Clinical Media Hub reserves the right to delete all data in the normal course of Data cannot be recovered once your Subscriber Account or Subscriber Platform is terminated.
E-Commerce
General
- The Clinical Media Hub Services also include certain features which enable you to sell goods, content, media, event tickets and services through your Subscriber Platform (“Subscriber Products”, and collectively with Clinical Media Hub Services – “E-Commerce”).
- You are solely responsible for your Subscriber Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your Subscriber Platform, and compliance with any laws applicable We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your Subscriber Products.
- When someone purchases your Subscriber Products, the payments for such transactions will be processed through Clinical Media Hub payments platform(s) which rely on third party services such as Woo Commerce, or directly through a third-party payment service provider (such third parties collectively “Payment Provider(s)”).
Payment Providers
The processing of payments may rely on services provided by Payment Providers shall be governed by such Payment Provider’s terms of service. We are not responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers.
Events
Depending on your plan, Clinical Media Hub may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Clinical Media Hub, and authorize Clinical Media Hub to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.
E-Commerce Acknowledgments and Warranties
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
- you are solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the Subscriber Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Subscribers of such and provide them with a duly issued invoice as required by law;
- any Taxes indicated by the E-Commerce features provided to you by Clinical Media Hub are solely provided for illustration purposes only, and may not be relied on in any way;
- you are responsible for and bear all costs of procuring and delivering your Subscriber Products,
- and for providing them in a safe and professional manner, consistent with industry standards;
- you are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the Subscriber Products, and shall provide true contact information on your Subscriber Platform for any questions, complaints or claims; and
- you may not offer or sell any Subscriber Products, or provide any information, Content or material regarding Subscriber Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and
- Clinical Media Hub may, at any time and at its sole discretion, suspend, disable access to or remove your Subscriber Platform and/or any Subscriber Products – whether or not incorporated, published with or made a part of your Subscriber Platform at such time, without any liability to you or to any End Subscribers, including for any Capacity Loss resulted
Video Services
As part of the Clinical Media Hub Services, Clinical Media Hub may provide video services (such as Clinical Media Hub Video or Clinical Media Hub Pro Gallery) for managing videos on Subscriber Platforms (the “Video Services”).
- The use of the video services for your Subscriber Platform, may require that you receive a license to use certain patents from MPEG–LA (the “License”). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C.
- In addition to the aforesaid and in Section 15 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold Clinical Media Hub its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA
Third Party Services
- The Clinical Media Hub Services enable you to engage, connect, further develop and procure certain third- party services, products and tools for enhancing your Subscriber Platform and your overall Subscriber experience, including, without limitation, domain registrars from which you may purchase a domain name for your Subscriber Website, third party applications and widgets offered via the Clinical Media Hub Website (including the Clinical Media Hub App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your Subscriber Platform, external databases, code packages, (collectively, “Third-party Services”).
- You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Clinical Media Hub Services, offered separately by Clinical Media Hub or persons certified or authorized by Clinical Media Hub, connected independently by you or otherwise offered anywhere on the Clinical Media Hub Services), Clinical Media Hub merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect Clinical Media Hub will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.
- You acknowledge that such services may require the payment of additional amounts to Clinical Media Hub and/or to the providers of such Third-Party
- Any and all use of such Third-party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with
- If you use third-party services, tools, code, algorithms, databases, products, software or goods while using our Services, you declare that you act in compliance with their terms of For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.
- While we hope to avoid such instances, Clinical Media Hub may, at any time and at its sole discretion, suspend, disable access to or remove from your Subscriber Account, Subscriber Platform(s) and/or the Clinical Media Hub Services, any Third Party Services – whether or not incorporated with or made part of your Subscriber Account and/or Subscriber Platform(s) at such time – without any liability to you or to any End
Misconduct and Copyrights
Misconduct and Abuse
- When using Clinical Media Hub Services, you may be exposed to Subscriber Platforms, Subscriber Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Clinical Media Hub with respect
- If you believe a Subscriber or any Third Party Services acted inappropriately or otherwise misused any of the Clinical Media Hub Services, please immediately report such Subscriber and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Clinical Media Hub, and that Clinical Media Hub may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole
Copyrights
- Clinical Media Hub acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Clinical Media Hub to locate the material (including URL address); (4) 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 (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly
- Clinical Media Hub’s Copyright Agent can be reached at the following address:
abuse@ClinicalMediaHub.com
- In the event that Clinical Media Hub receives notice regarding a copyright infringement related to your Subscriber Platform or Subscriber Website, it may cancel your Subscriber Account, take your Subscriber Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 13 may be deemed accepted, applicable and compliant with the DMCA, or not, at Clinical Media Hub’s sole reasonable discretion. Clinical Media Hub reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein
Disclaimer of Warranties
- We provide the Clinical Media Hub Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by We specifically do not represent or warrant that the Clinical Media Hub Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Subscribers’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Subscribers (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Clinical Media Hub Services – so please be sure to verify those before using or otherwise engaging them.
- Clinical Media Hub may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any Subscriber Platform and/or Subscriber Content, at any time and for any reason, with or without
- Notwithstanding anything to the contrary in the foregoing, in no circumstances may Clinical Media Hub be considered as a “publisher” of any Subscriber Content, does not in any way endorse any Subscriber Content, and assumes no liability for any Subscriber Content uploaded, posted, published and/or made available by any Subscriber or any other party on and/or through the Clinical Media Hub Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Subscriber Furthermore, Clinical Media Hub shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Subscriber Content you or any other party may encounter.
- You acknowledge that there are risks in using the Clinical Media Hub Services and/or connecting and/or dealing with any Third Party Services through or in connection with Clinical Media Hub Services, and that Clinical Media Hub cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
- Clinical Media Hub relies on third parties to provide Clinical Media Hub Services for hosting of content and while it uses its prudent business judgment to ensure compliance with applicable laws and regulations, including HIPAA by such parties and suggest certain best practices to you, Clinical Media Hub shall not bear any security or integrity obligations or risks regarding breach or damage to any such
- Please note that certain Clinical Media Hub Services are currently offered in their BETA version, and undergoing BETA In addition to the aforesaid, you understand and agree that certain Clinical Media Hub Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Clinical Media Hub Services in general and at a BETA stage signifies your agreement to the above and to use such Clinical Media Hub Services and/or participate in such BETA testing.
Limitation of Liability
- To the fullest extent permitted by law in each applicable jurisdiction, Clinical Media Hub, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Clinical Media Hub Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Clinical Media Hub Services; (5) the use or display of any Content or Subscriber Content posted, emailed, transmitted, or otherwise made available via the Clinical Media Hub Services; (6) events beyond the reasonable control of Clinical Media Hub, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Clinical Media Hub
- You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Clinical Media Hub’s services to you, and such limitations will apply even if Clinical Media Hub has been advised of the possibility of such
Indemnity
- You agree to defend, indemnify and hold harmless Clinical Media Hub, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Clinical Media Hub Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your Subscriber Platform or Subscriber Content and/or your use of the Clinical Media Hub Services, including, without limitation, Clinical Media Hub Services’ actions for your benefit; and/or (3) any other type of claim that your Subscriber Platform and/or Subscriber Content caused damage to a third
General
Changes & Updates
- Clinical Media Hub reserves the right to change, suspend or terminate any of the Clinical Media Hub Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Clinical Media Hub Services (including removal of any materials created by you in connection with the Clinical Media Hub Services) for any reason and/or change any of the Clinical Media Hub Terms with or without prior notice – at any time and in any manner.
- You agree that Clinical Media Hub will not be liable to you or to any third party for any modification, suspension or discontinuance of those Clinical Media Hub Services (or materials, content or services created, developed or connected by you in connection with the Clinical Media Hub Services).
- Governing Law & Jurisdiction; Class Action Waiver
- You expressly acknowledge and agree that Clinical Media Hub shall have the right to enforce these Terms of Use against you.
- The Clinical Media Hub Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Clinical Media Hub Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Clinical Media Hub Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, without respect to its conflict of laws
- Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Los Angeles, California, United States of America. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly
- Subject to any applicable law, all disputes between you and Clinical Media Hub shall only be resolved on an individual basis and you shall not have the right to bring any claim against Clinical Media Hub as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
- Notwithstanding anything to the contrary in this Section 2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Clinical Media Hub will be the State of California, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 6 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Los Angeles, California.
Notices
- We may provide you with notices in any of the following methods: (1) via the Clinical Media Hub Services, including by a banner or pop-up within the Clinical Media Hub Website, Subscriber Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided Clinical Media Hub’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
Relationship
- The Clinical Media Hub Terms, and your use of the Clinical Media Hub Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Clinical Media Hub and
Entire Agreement
- These Clinical Media Hub Terms of Use, together with any other legal or fee notices provided to you by Clinical Media Hub, shall constitute subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Clinical Media Hub and you, including those made by or between any of our respective representatives, with respect to any of the Clinical Media Hub Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Clinical Media Hub in entering into any of the Clinical Media Hub
Assignment
- Clinical Media Hub may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Clinical Media Hub Services and/or Licensed Content to a third party without your consent or prior notice to You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Clinical Media Hub. Any attempted or actual assignment thereof without Clinical Media Hub’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 17.6 shall not in itself grant either Clinical Media Hub or you the right to cancel any Clinical Media Hub Services or Third Party Services then in effect.
Severability & Waivers
- If any provision of the Clinical Media Hub Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining No Waiver of any breach or default of any of the Clinical Media Hub Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Interpretation
- These Terms of Use were written in English, and If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall
Customer Service Contact
- To get in touch with our Customer Service – please use any of the options listed below: Go to Clinical Media Hub Help Center which is available at: support@54.227.44.60
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