Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sonocloud.org, acceptance is expressly limited to these terms.
1. Your Sonocloud.org Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Sonocloud.org of any unauthorized uses of your account or any other breaches of security. Sonocloud.org will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you post material to the Website, make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or an audio file. By making Content available, you represent and warrant that:
◦ the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
◦ you have fully de-identified all content as to not violate rules or laws of any acting body, such as but not limited to, HIPAA.;
◦ the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
◦ the Content is not spam;
◦ the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and,
◦ you have, in the case of Content, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Sonocloud.org or otherwise.
3. By submitting Content to Sonocloud.org for inclusion on the Website, you grant Sonocloud.org a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the advancement of ultrasound and ultrasound education. If you delete Content, Sonocloud.org will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Sonocloud.org has the right (though not the obligation) to, in Sonocloud.org’s sole discretion (i) refuse or remove any content that, in Sonocloud.org’s reasonable opinion, violates any Sonocloud.org policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sonocloud.org’s sole discretion.
◦ Support. Sonocloud.org includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Sonocloud.org to respond within one business day) concerning the use of the Sonocloud service.
4. Responsibility of Website Visitors. Sonocloud.org attempts to review all of the material posted to the Website, however we cannot be responsible for that material’s content, use or effects. By operating the Website, Sonocloud.org does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sonocloud.org disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content they’re posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Sonocloud.org links, and that link to Sonocloud.org. Sonocloud.org does not have any control over those non-Sonocloud websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sonocloud.org website or webpage, Sonocloud.org does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sonocloud.org disclaims any responsibility for any harm resulting from your use of non-Sonocloud websites and webpages.
6. Copyright Infringement and DMCA Policy. As Sonocloud.org asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sonocloud.org violates your copyright, you are encouraged to notify Sonocloud.org. Sonocloud.org will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sonocloud.org will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sonocloud.org or others.
7. Intellectual Property. This Agreement does not transfer from Sonocloud.org to you any Sonocloud.org or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sonocloud.org. Sonocloud.org, the Sonocloud.org logo, and all other trademarks, service marks, graphics and logos used in connection with Sonocloud.org, or the Website are trademarks or registered trademarks of Sonocloud.org or Sonocloud.org’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sonocloud.org or third-party trademarks.
8. Changes. Sonocloud.org reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sonocloud.org may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. Sonocloud.org may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sonocloud.org account (if you have one), you may simply discontinue using the Website.
10. Disclaimer of Warranties. The Website is provided “as is”. Sonocloud.org and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sonocloud.org nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
11. Limitation of Liability. In no event will Sonocloud.org, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sonocloud.org under this agreement during the twelve (12) month period prior to the cause of action. Sonocloud.org shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Indemnification. You agree to indemnify and hold harmless Sonocloud.org, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Sonocloud.org and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sonocloud.org, or by the posting by Sonocloud.org of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kentucky.