Proximie - Terms of Service

Such license does not include, except as and to the extent otherwise expressly permitted by these Terms:

Any other use of the Site or of any Materials not owned by you, without our prior written consent, is strictly prohibited, and your license to use the Materials shall terminate automatically on any such unauthorised use. Such unauthorised use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Proximie or its licensors, except for the licenses and rights expressly granted in these Terms.

Copyright Complaints: It is our policy to respond promptly to claims of intellectual property infringement. If you believe that your work has been copied and is accessible on the Site or through the Services in a way that constitutes an infringement of copyright, please notify us through the process set out below. If we determine in our discretion that any user of our Site or Services is infringing any third party’s intellectual property rights, then we may remove all Content submitted by that user and take whatever other actions we deem necessary, including notifying the appropriate government authorities or suspending or terminating that user’s access to the Site or Services.

Written notice of any claimed copyright infringement must be submitted to Nadine Haram, MD, with address at The Harley Building 77 New Cavendish St London, W1W 6XB UK, with E-mail: nadine@proximie.com.

Any email notifications should include “Notice of alleged service provider infringement” in the subject line of the email.

Such notice must include the following information:

Trademarks: Proximie, the Proximie logo, and all other of our products and service names, logos and slogans contained in or displayed on the Site or Services are our trademarks or service marks and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent. You may not use any meta tags or any other hidden text utilising any such marks, or any of our URLS, without our consent. In addition, the look and feel of the Site, our Apps and our Content, including, but not limited to, all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed on the Site are the property of their respective owners and may not be used without their consent. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks: You may create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided the linking site does not contain any material that is offensive, harassing, pornographic or otherwise objectionable, or which is defamatory, in breach of confidence, infringing or otherwise unlawful. This permission may be revoked by us at any time. You may not use a Proximie logo or any other of our proprietary graphics to link to the Site, nor use, mirror, frame or utilize framing techniques to enclose any Proximie trademark, service mark, logo or any other of our proprietary information, including, but not limited to, the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our prior written consent.

User Content and Interactive Services or Areas: The Site and Services include (or may include in future) content hosting and storage services, discussion forums, user generated content or other Social Areas or services (collectively, social Areas), including, but not limited to, galleries, forums, chat rooms, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store Content on the Site (collectively, User Content). Some Social Areas are available to all users, whether or not they have a registered account with us.

User Content Standards: You may not post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Licenses in User Content: If you post User Content to the Site, then unless we indicate otherwise, you grant us and our Affiliates a worldwide, unrestricted, unlimited, non-exclusive, royalty-free, irrevocable, perpetual, transferable, sub-licensable (through several tiers) license:

Third Party Sites, Products and Services: We may host or provide links to products, Web pages, Websites and other content of third parties (Third Party Sites). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users and does not imply affiliation, endorsement, approval, control or adoption by us of any website or any information or content contained on any website. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites, or for the quality, accuracy, nature, ownership or reliability thereof. If you use these links and the Third Party Sites to which they resolve, you do so at your own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Site. We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.

Your Submissions: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services. You may submit feedback by emailing us at the contact details provided.You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by you in the form of emails or other submissions to us or otherwise posted on the Site will become our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to you.

By making such submissions, you acknowledge, warrant and agree that:

DISCLAIMER OF WARRANTIES THE SITE, THE CONTENT, THE APPS AND OTHER INFORMATION AVAILABLE ON THE SITE AND APPS (INCLUDING, BUT NOT LIMITED TO) ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND – WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM ANY WARRANTIES NOT INCLUDED IN THESE TERMS, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, IN EACH CASE TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO) IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE CONTINUOUSLY AVAILABLE OR SECURE. WE WILL NOT BE LIABLE FOR ANY UNAUTHORISED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF ANY OF THEM. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, ENDORSEMENT, GUARANTEE NOR DO WE ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR OTHER PRODUCTS OR SERVICES ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED ON ANY BANNER OR OTHER ADVERTISING AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY PROVIDER OF THE FOREGOING.

Additional Disclaimers in Relation to Surgical and Medical Use:

Limitation of Liability:

OUR AND THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE, SERVICES, THE MATERIALS, APPS, AND/OR THE CONTENT AT ISSUE INCLUDING ANY THIRD PARTY APPS OR CONTENT), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR THREE MONTHS IN QUESTION.THE DEFENDANTS SHALL BE ENTITLED TO RELY ON AND ENFORCE THIS PROVISION AS THIRD-PARTY BENEFICIARIES.

Qualifier: Nothing in these Terms will operate to limit or exclude our liability for death or personal injury caused by our negligence, for fraud, or for any other matter for which our liability cannot lawfully be limited or excluded. This provision shall take priority over any conflicting provision elsewhere in the Terms.

Indemnification: You agree to indemnify, defend and hold us, our Affiliates, and our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers whose products, services or content features in the Content) (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities, losses and expenses (including, but not limited to, penalties, fines, damage awards, settlement amounts, and reasonable legal and professional fees) brought against any Indemnified Parties,

Termination and Account Cancellation: We may suspend or permanently revoke your access to and use of the Site, Services, Apps and/or Content at any time, with or without cause, and in particular may do so If you breach any of these Terms. You may terminate any contract with us on these Terms, and if applicable may close your registered account, at any time by contacting us at privacy@proximie.com. The change will be processed within fourteen calendar days.

Modifications: We reserve the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and at our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site, and by continuing to use the Site or Services you will be accepting them. For that reason, you should frequently review these Terms and all applicable policies or guidelines on the Site. If you do not agree to any changes or modifications to these Terms, or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site and Services, and you will no longer be able to access any Content.

Contacting Proximie: If you have any questions about these Terms, or our Site, Content or Services, please refer to the FAQ posted on the Site. For any questions not addressed by the FAQ, please contact us at: support@proximie.com.

You represent, warrant, and promise to Proximie that you have obtained all releases and licenses from any and all persons and entities that appear in, or whose logos, branding or other trademarks, designs or copyright materials appear in, any Video Content you post, or that have any interest in any Video Content you post. Proximie shall not be responsible for obtaining any permissions, releases, licenses, or consents for any Video Content you post;

You waive all rights of privacy, publicity, or any other rights of a similar nature in connection with the Video Content, or any portion of it, including, without limitation, names and likenesses, or any advertising or publicity. You expressly release Proximie from all claims, demands, liabilities, or causes of action whether now known or unknown, for defamation, trademark or copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use and exploitation of the Video Content; and

You agree that Proximie is under no obligation to use, distribute, exhibit, or exploit the Video Content.