Terms & Conditions
BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
This site is linked to other sites, also operated by Toshiba group companies. Use of linked sites shall also be subject to the terms and conditions of such linked sites. In the event that these terms and conditions conflict with the terms and conditions of a linked site, then the terms and conditions of a linked site shall prevail and govern such linked site.
The materials made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. This site may also include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at Toshiba's sole discretion. In addition, from time to time changes are made to the information contained in the printed versions of such publications. These corrections and changes may be incorporated into this site at an earlier or later date.
Third party site links
The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.
Under no circumstances shall we, nor our affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.
Personal use and Intellectual Property Rights
You agree to use this site for lawful purposes only. You may download one copy of the information found on this site on a single computer for your personal, non-commercial internal use only. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available in this site, except as expressly permitted by the respective owner(s) thereof. Use of any software available for downloading from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.
You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this site.
This site provides listings of a wide range of Toshiba products and, therefore, may contain references or cross references to particular products and services that are not (readily) available in any particular country. Any such reference does not imply that Toshiba in any particular country intends to market such products or services.
1. Availability and Condition of Use
The Network is made available to you by Toshiba Medical Visualization Systems Europe, Limited ("Toshiba"). While Toshiba makes every effort to ensure that the Network is available, Toshiba does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted and/or error-free use by you of the Network. Further Toshiba reserves the right to suspend or cease the operation of the Network from time to time at its sole discretion. If a fault occurs, please report it to our moderators.
As a condition of your use of the Network, you agree that you will not use the Network for any purpose that is unlawful under applicable law, prohibited by these terms and conditions or to defame, disparage any body, or act in a manner that is obscene, derogatory or offensive. You may not use the Network to interfere with or disrupt any network or website connected to the Network, interfere with the enjoyment of use of the Network by any other person and/or gain unauthorized access to other computer systems.
You are responsible for ensuring that your use of the Network is consistent with all applicable laws and regulations. Toshiba reserves the right to prevent or suspend your access to the Network if you do not comply with any part of these terms and conditions or any applicable law.
2. Ownership, Use and Intellectual Property Rights
This Network and all content within the Network is owned and operated by Toshiba and/or its licensors. Toshiba and its licensors reserve all their rights.
The Network is for your professional use. You may not (except as expressly permitted), modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell the whole or part of any information or content obtained from the Network without Toshiba's prior written authorization.
As part of the services offered on the Network, we invite registered members (“Members”) to submit ideas and engage in discussions in relation to key clinical, industry, and research areas, the use of Toshiba products, and how Toshiba products can be improved. In providing such input to the Network, you warrant that:
a. any such ideas are your own work;
b. any such ideas will not infringe the intellectual property rights of any other third party;
c. you provide Toshiba with a perpetual, irrevocable, royalty free license to reproduce, modify, distribute and use any such ideas;
d. any such ideas will not contain any personal data as defined in the Data Protection Act 1998.
As part of the services offered on the Network, we invite Members to upload files, videos, images and/or any such other media as deemed appropriate (“Files”). In uploading any such Files to the Network, you warrant that:
a. any such Files do not and will not infringe the intellectual property rights of any third party;
b. you own all intellectual property rights in the Files or have all necessary permissions from the proprietor to upload the Files and grant Toshiba the licenses below to process the Files;
c. you grant Toshiba a non-exclusive, transferable, ,royalty free, worldwide license with a right to grant sub-licenses, to use any IP content that you post on or in connection with the Network;
d. any such Files do not contain any personal data as defined the Data Protection Act 1998.
You shall indemnify Toshiba against all and any loss, damages and costs sustained, arising out of any breach by you of any of the warranties and at our request you shall provide all reasonable assistance as we may request to enable us to resist any action claim or proceedings brought against us as a consequence of any such breach.
Any intellectual property rights (including without limitation all patents, copyright, database rights and trade marks (whether registered or unregistered) subsisting in any content or material on the Network belong to Toshiba and/or its licensors. All rights are reserved for the benefit of Toshiba and/or its licensors. Nothing in these terms and conditions grants you any rights in the Network or to the content in the Network.
Any software that is made available for downloading from the Network is the copyright work of Toshiba and/or its licensors.
You may only use such software in accordance with the terms of the end user licence agreement, if any, which accompanies or is included with the software. You are not authorized and will not be able to install any software unless you agree to be bound by the end user licence agreement.
The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of software not in accordance with the end user licence agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The software is warranted, if at all, only according to the terms of the end user licence agreement.
Toshiba appreciates Members’ contributions and welcomes your comments regarding Toshiba’s products, including its on line services. Toshiba company policy does not encourage you to send, post or upload to the Network any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, that you regard as confidential (collectively referred to as "Unwanted Submissions"). While Toshiba values your feedback on its services and products, Toshiba requests that you be specific in your comments on those services and products, and not submit any Unwanted Submissions.
Notwithstanding the foregoing, any submissions (including Unwanted Submissions) made to Toshiba shall be deemed to be Toshiba’s property. Toshiba shall not be subject to any obligation of confidentiality in relation to such submissions and shall not be liable for any use and/or disclosure of such submissions. Toshiba shall be entitled to utilize such submissions in any manner that it sees fit.
5. Using the Network
Registration, access and use by you of the Network constitute your acceptance of these terms and conditions. They take effect from the date of registration. Toshiba may, at any time, revise these terms and conditions without notice, and therefore they should be checked regularly. The continued use of the Network after a change has been made is your acceptance of the change.
You agree to use this service only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Network by any other Member. Such restrictions or inhibitions include, without limitation, conduct that is unlawful, or that may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption to the normal flow of dialogue within the Network.
You agree and acknowledge that in using the Network, members of Toshiba and other Members may create a post, upload Files, make comments about a post or File, or follow up other user’s comments with a further comment (Discussions). The content of all Discussions that take place on the Network will not represent the views and opinions of Toshiba or its employees. Toshiba will not be held liable for any direct, indirect or consequential loss, or special loss or damage, cost and expense suffered or incurred by you (whether arising in tort, contract or otherwise and whether arising from the breach of contract, defamation, infringement of copyright or other intellectual property rights) caused by your use or reliance on the information contained in the materials on the Network.
In entering into Discussions on the Network, you agree not to (without limitation):
a. post any libelous or defamatory comments;
b. post anything relating to any ongoing or pending civil criminal trial anywhere in the world;
c. post content which you have copied from someone else and so do not own the intellectual property rights in;
d. use profanities;
e. post a personal insult about another user;
f. impersonate another user;
g. impersonate a member of Toshiba;
h. post a comment that is not relevant to a particular discussion;
i. advertise any particular brands, products, services or names;
j. collect and use other user’s material, without their prior written consent;
k. post any material or comment that is unlawful, misleading, malicious, discriminatory, threatening, pornographic, or hateful;
l. upload viruses or any other malicious code;
m. post any personal data as defined by the Data Protection Act 1998.
Publication of any material that you submit will be at the sole discretion of Toshiba and Toshiba reserves the right to refuse publication.
Toshiba will do its best to assess any possible risks for Members from third parties when they use the service provided on the Network, and it will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, Toshiba is under no obligation to oversee, monitor or moderate the service provided on the Network, and it expressly excludes its liability for any loss or damage arising from the use of the Network by a Member, in accordance with clause 9.
The Network is not intended for use by minors.
While Toshiba uses reasonable efforts to include accurate and up-to-date information on the Network, Toshiba does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on this Network is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
Content on the Network is provided for your general information purposes only and to inform you about Toshiba and its products, news, features, products, services and other websites that may be of interest. It does not constitute technical, clinical, commercial, financial, legal advice or any other type of advice, and should not be relied on for any purposes.
Part of the Network may contain advertising provided by third parties. You agree that we will not be responsible for ensuring that such material complies with relevant laws and codes and that we will not be responsible for any error or inaccuracy in such material.
8. Hyperlinks and Third Party Websites
The Network may contain hyperlinks or references to external third party websites from time to time. Any such hyperlinks or references are provided for your convenience only. Toshiba has no control over such third party websites and accepts no responsibility in relation to any content, material or information contained therein. The display of such hyperlinks and references to third party websites does not constitute an endorsement of such third party’s website, products or services. Your use of third party websites may be governed by the terms and conditions and privacy policies of such third party websites.
9. Warranties and Limitation of Liability
You agree that your use of the Network is on an "as is" and "as available" basis. Consequently Toshiba makes no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the services of the Network, including without limitation as to completeness, accuracy and up-to-datedness or any content and information on the Network, particularly but not limited to content provided by other Members.
To the maximum extent permitted by applicable law, Toshiba excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) that Toshiba may otherwise have to you as a result of:
a. any error or inaccuracies in any information or material within or relating to the Network;
b. the unavailability of the Network for whatsoever reason; and
c. any representation or statement made on the Network by any Member.
Under no circumstances shall Toshiba be liable to you or any third party for any loss of damage suffered (including without limitation loss of business, loss of revenue, loss of profits, loss of anticipated saving, wasted expenditure, loss of privacy, loss of data and any other direct or indirect losses) arising from your use of the Network (including the downloading of any software, program or information) or reliance thereon.
For the avoidance of doubt, Toshiba does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Toshiba on the Network or for any other statutory rights that are not capable of being excluded.
If you are in breach of any of these terms and conditions, you agree to indemnify and hold Toshiba harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by Toshiba in relation to or arising from such a breach.
11. International Use
The Network is originated on the United Kingdom mainland. Toshiba makes no representation that any materials, files or discussions on the Network are appropriate for use, or available in locations outside the United Kingdom. Those who choose to access the Network from locations outside the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable. We prohibit any access and/or use of the Network from territories outside the United Kingdom where the contents of the Network are illegal or unlawful.
Toshiba reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Network you agree to be bound by any variation made by Toshiba. It is your responsibility to check these terms and conditions from time to time to verify such variations.
These terms and conditions contain the entire understanding and agreement between Toshiba and you in relation to your use of the Network and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or Toshiba that is not contained herein.
Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, such part shall be deemed to be deleted without affecting the remaining provisions.
These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England and Wales.
The Network is owned and operated by Toshiba Medical Visualization Systems Europe, Limited, a company registered in Scotland under registered number SC341779 whose registered office is at Bonnington Bond, 2 Anderson Place, Edinburgh, EH6 5NP.
The personal data (“Data”) you provide to Toshiba in registering for the services of the Network shall be processed in accordance with the Data Protection Act 1998. The Data will be stored on a server database located within the European Union; however the data may be accessed from any location worldwide. By accepting these terms and conditions, you are consenting to the processing of your Data in any country. If no satisfactory data protection laws exist in the country to which Toshiba is transferring your Data, Toshiba will put in place equivalent contractual safeguards to those contained in the Data Protection Act 1998. Your data will be used for the administration of your access to the Network. Toshiba may from time to time contact you by e-mail about Toshiba products and services, content and services of the Toshiba website, and feedback on the content of the Network. If we want to use your data for any other purposes, we will ask your permission first.