Spindle Med is licensed to You (the “End User”) by Spindle Med LLC (the “Licensor”), for use only under the terms of this License Agreement.
By downloading Spindle Med from the Apple AppStore (the “Application”) or using the services via an account on the Spindle Med website at https://www.spindemed.com (the “Website”), and any update permitted by this License Agreement, You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support. Spindle Med LLC, not Apple, is solely responsible for the licensed Application and its content.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Spindle Med is an online space for medical professionals to share and discuss relevant medical literature.
2. SCOPE OF LICENSE
2.1 License Grant. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application or Website on any devices that You own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application or Website may be accessed and used by other accounts associated with You. Licensor reserves the right to modify the terms and conditions of licensing. This license will also govern any updates of the Application or Website provided by Licensor that replace, repair, and/or supplement the first Application or Website, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.2 License Restrictions. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application or Website, or any part thereof (except with Spindle Med LLC's prior written consent). You may not share or make the Application or Website available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Spindle Med LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application or Website. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. Nothing in this license should be interpreted to restrict third-party terms. When using the Application or Website, You must ensure that You comply with applicable third-party terms and conditions. You acknowledge that it is Your responsibility to confirm and determine that the app End User device on which You intend to use the Application or Website satisfies required technical specifications. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time. Violations of the obligations mentioned in this Section 2.2, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.3. Maintenance and Support. The Licensor is solely responsible for providing any maintenance and support services for this licensed Application or Website. Spindle Med LLC and the End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application or Website.
3. USER GENERATED CONTRIBUTIONS
3.1 Contributions. The Application or Website may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to an online community and in the Application or Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application or Website and through third-party websites or applications. As such, unless otherwise clearly and conspicuously disclaimed in writing within the Contributions, any Contributions you transmit may be treated as non-confidential and non-proprietary.
3.2 Contributions License Grant. We do not assert any ownership over your Contributions. To the extent clearly and conspicuously disclaimed in writing within the Contributions provided to the Application or Website, You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. By posting your Contributions to any part of the Application or Website, you grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, publish, archive, excerpt (in whole or in part), and distribute such Contributions.
3.3 Contributions Content. We have no obligation to monitor your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application or Website. You are solely responsible for your Contributions to the Application or Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application or Website, and other users of the Application or Website to use your Contributions in any manner contemplated by the Application or Website and these Terms of Use. You are not impersonating any other person.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application or Website and these Terms of Use.
4. Your Contributions are not intentionally false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, harassing, libelous, slanderous, abusive, threatening or otherwise objectionable (as determined by us).
7. Your Contributions do not violate the privacy or publicity rights of any third party.
8. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
9. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law, regulation, or rule.
Any use of the Application or Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application or Website.
This Application and Website are open to qualifying members of the public. Therefore, consider your Contributions carefully and do not include Contributions that you would like to keep private. By uploading or otherwise making Contributions available, you grant the Application and Website the unlimited, perpetual right to distribute, display, publish, reproduce, reuse, and copy the Contributions. By submitting Contributions on the Application or Website, you grant Licensor the right to remove any Contributions, and you grant Licensor the right to modify, adapt, or edit Contributions that, in Licensor's sole discretion, is deemed objectionable.
3.4 Medical Advice Disclaimer: Licensor provides the Application and Website and the services, information, platform, and/or data for informational purposes only. Licensor itself does not provide any medical advice. Using, accessing, and/or browsing the Application or Website does not create a physician-patient relationship. Licensor does not review, filter, or validate Contributions provided in the Application or Website, and you should not rely on Contributions provided in the Application or Website without conducting your own diligence in collaboration with issue-specific experts. You agree to not hold Licensor liable for health or medical related decisions you may make based on anything contained in the Application or Website.
4. LIABILITY
Licensor shall not be liable to You, and takes no accountability and responsibility, in case of (i) damages caused due to a breach of its duties according to this Agreement, (ii) unintentional disclosure of information provided by the user to the Application or Website, (iii) use of, or inability to use, the Application or Website, (iv) use of or reliance on any Contributions or content displayed in the Application or Website, (v) third party use of information provided by the user to the Application or Website, (vi) lost profits, revenues, or opportunities, or (vii) consequential damages or costs resulting from any claim or cause of action based on breach of contract, warranty, negligence, or any other legal theory, even if Licensor knew or should have known of the possibility thereof. In no event shall Licensor’s aggregate liability exceed the amounts actually by You to Licensor in the 12-month period immediately preceding the event giving rise to the claim.
5. WARRANTY
You are required to inspect the Application or Website immediately after installing it and notify Spindle Med LLC about issues discovered without delay by e-mail. The defect report will be taken into consideration and further investigated if it has been mailed within a period of three hundred sixty five (365) days after discovery. If we confirm that the Application or Website is defective, Spindle Med LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
6. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application or Website, please contact:
Spindlemed@gmail.com
7. TERMINATION
The license is valid until terminated by Spindle Med LLC or by You. Either party may terminate the license at any time for any reason. Your rights under this license will terminate automatically and without notice from Spindle Med LLC. You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application and Website, and destroy all copies, full or partial, of the Application and Website.
8. MISCELLANEOUS
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing. This Application and Website are intended for persons eighteen (18) years or older who are medical professionals. Persons under the age of eighteen (18) or who are not medical professionals should not access, use, and/or browse the Application and Website. This license agreement is governed by the laws of the State of Ohio excluding its conflicts of law rules.
END USER LICENSE AGREEMENT
Last updated November 2, 2021
Please contact spindlemed@gmail.com with any questions about this License Agreement.