TERMS AND CONDITIONS

Last Updated August 1, 2023

We are Ad Physicus (“Company”, “we”, “us” “our”), a scientific journal that fairly compensates scientists for their work. We operate the website http://www.adphysicus.com (the “Site”). These Terms and Conditions contain important information regarding your legal rights, remedies and obligations when using the content from the Site. You agree that by accessing the Site or by posting on the Site, you (the “User”) signify that you have read, understand, and agree to be bound by all of these Terms and Conditions (“Terms”), whether you are an account holder or not. Ad Physicus reserves the right to make changes or modify its Terms at its reasonable discretion at any time without notice. Your continued use of the Site after any changes in the Terms constitutes acceptance of said Terms. If you do not agree to abide by these or any future Terms, then you are expressly prohibited from using the Site and must discontinue use. It is the responsibility of the User to stay informed of updates, acknowledge any changes, and ensure that you continue to abide by these Terms.

OUR SERVICES

The Site grants you a limited personal, non-exclusive and non-transferable right to access the articles you have purchased for viewing. One account is permitted per person; accounts may not be shared. Unless otherwise specified in writing, the Site is for your personal and non-commercial use.

INTELLECTUAL PROPERTY RIGHTS

The Site including, without limitation, the content, design, organization, and other protectable intellectual property are the Site’s property and protected by copyright and other intellectual property laws. All rights regarding the proprietary materials on the Site not expressly granted are reserved by Ad Physicus.

By directly sending us any question, comment, suggestion, idea, feedback, or other information (collectively “Submissions”) about the Site, you agree to assign to us all intellectual property rights in such Submission. All content on the Site and available through the Site, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials (“Contributions”) are the proprietary property of Ad Physicus, its users, or its licensors with all rights reserved. Any submission that is publicly posted shall also be treated as a Contribution. You understand that your access to the Site is under license from Ad Physicus, which may be terminated at any time for breach of these Terms and Conditions.

You understand that Contributions may be viewable by other users of the Site. Any Contribution will be considered non-confidential and non-proprietary.

SITE CONTENT AND USER GENERATED SUBMISSIONS

You are responsible for what you post or upload. The Site may invite you to contribute to or participate in message boards, online forums, and/or social media platforms during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and material to us or through the Site. Any or all User submissions or contributions, whether directly to the Site or through an Ad Physicus social media platform, can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary at the sole discretion of Ad Physicus and without further notice.

With regards to Submissions and Contributions with any affiliation to Ad Physicus, you hereby represent that:

  • • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of you 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.
  • • Your Contributions are not unsolicited or unauthorized advertising, or any other forms of solicitation.
  • • Confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit thought the Site anything that is illegal, hateful, harmful, defamatory, libelous, obscene, offensive, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, pornographic, false, inaccurate, deceitful, or misleading;
  • • To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution
  • • Warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
  • • Warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.

Contribution License: We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and are solely responsible for those Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

We may remove or edit your Content. Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions or re-categorize any Contributions to place them in more appropriate locations on the Site, at any time without notice. If in our reasonable opinion we consider such Contributions harmful or in breach of these Terms, we may also suspend or disable your account and report you to the proper authorities.

USER REGISTRATION AND REPRESENTATION

In order to gain further access as a submitting author or reader, participate in peer review or the editorial board, you will be required to register and create an account. You are liable for the accuracy of the information provided, including but not limited to your personal and professional representation. By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you are not a minor in the jurisdiction in which you reside; (4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.

As a registered user, the information in your personal profile is available for viewing by other users of Ad Physicus and considered non-confidential and non-proprietary.

The User hereby attests that they are not a paid consultant nor do they have any other financial interests in the information they have furnished to the Site, unless those interests are clearly disclosed along with article submission.

The Site also requires a valid, working e-mail address and password to create that account. You agree to keep your password confidential and will be solely responsible for any damages or losses that may be incurred as a result of your failure to maintain the confidentiality of your account information. You agree to notify Ad Physicus immediately of any unauthorized use of your account or of any need to deactivate your password due to security concerns.

This Site is not intended for minors. Persons under the age of 18 are not permitted to register for an account with Ad Physicus.

MEDICAL AND SCIENTIFIC DISCLAIMERS

No reader, user, or browser of this material should act or refrain from acting on the basis of information from the Site without first seeking advice from counsel in the relevant jurisdiction. All liability with respect to actions taken or not taken based on the contents of this Site are hereby expressly disclaimed. All material available through the Site is for informational and educational purposes only.

PATIENT DATA AND LEGAL COMPLIANCE

The Site may enable you to transmit, store, review, or receive confidential patient information ("patient information"). State laws, federal laws, and ethical/ licensure requirements of your profession may have additional obligations with respect to patient confidentiality. These obligations may limit the ability of physicians, healthcare providers, and persons acting on their behalf to use certain patient information or to transmit certain information to third parties. You represent and warrant that at all times during your use of the Site and thereafter you will comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, receipt, processing, reporting, maintenance, disclosure, and storage of the patient information, and that you will make your best efforts to cause all persons or entities under your control or direction to comply with such laws. You are solely responsible always during your use of the Site and thereafter for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, retrieve, process, transmit, and view the patient information you transmit, store, or receive in connection with the Site. You agree that Ad Physicus, its licensors and licensees, and all other persons or entities involved in the operation of the Site have the right to monitor, store, review, retrieve, and use patient information, if applicable, in connection with the operation of the Site, and are acting on your behalf in transmitting patient information. AD PHYSICUS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, STORED, MONITORED, OR RECEIVED WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE AND TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE.

MODIFICATIONS AND INTERRUPTIONS

Content is provided "as is;" no representations are made that the content is error-free or reflects the most recent development with respect to the particular material. Ad Physicus is not responsible for any claim relating to use or access of website contents or information contained therein. Ad Physicus does not make any commitment to update the materials and information. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion and without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other technical issues or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time without notice to you. The User waives the right to any indirect, special, incidental, exemplary, consequential, punitive or any other damages, fees, costs or claims or any kind.

PURCHASES AND PAYMENT

You agree to pay the fee charged in connection with your username and password at the rates in effect when the charges were incurred. The Site uses a third-party to process your credit card transactions. Credit card transaction fees will be borne by the Member. All charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested article. We may change the fees and charges then in effect, or add new fees or charges at any time. All payments will be billed in U.S. dollars (USD). The Company is not responsible for international purchase fees or exchange rates. Article access payment employs the use of third-party services for the purpose of facilitating payment and completion of purchase. By submitting your information, you grant the right to provide the information to these third parties subject to our Privacy Policy. User rights will terminate automatically for failure to comply with these Terms and Conditions, without notice. Terms shall survive the termination of an account or your relationship with Ad Physicus.

The Site offers internet-based information that does not require physical delivery. Upon completion of proper signup procedures and any required payment processing, we will make every effort to ensure that you have immediate access to the intended online material you have purchased through the Site.

PROHIBITED ACTIVITIES

As a User of the Site, you agree not to:

  • • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
  • • Circumvent, disable, or otherwise interfere with security-related features of the Site and/or the content contained therein.
  • • Disparage, tarnish, or otherwise harm the Site, in our opinion.
  • • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • • Engage in unauthorized framing of or linking to the Site.
  • • Upload or transmit any material that interferes in any way with the use, features, functions, operation, or maintenance of the Site.
  • • Attempt to impersonate another user or use the account information of another user.
  • • Sell or otherwise transfer your account information.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and with limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

Submission of personal information through the website is governed by our Privacy Policy and is incorporated into these Terms and Conditions. Please be advised that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Unites States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Ad Physicus reserves the right to modify its Privacy Policy at its reasonable discretion from time to time and to make changes to the materials and content contained on the website at any time without notice.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspect your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injective redress.

ADVERTISERS

The Site allows or may allow advertisers to display information, products, and services offered by third parties that may be of interest to the User. Ad Physicus does not recommend or prefer that you use any particular provider and is not a party to any agreement that you may enter into, if any. The Site will provide the space for advertisements but has no other relationship with advertisers. Any links provided by third parties are not controlled by Ad Physicus. The Site is not responsible for the content of any linked site or any link contained in a non-affliated linked site. We reserve the right to terminate any non-affiliated link at any time.

DISCLAIMER OF WARRANTY

THE SITE AND ANY INFORMATION ON THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DESCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURATACIES OF CONTENT AND MATERIAL, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL AD PHYSICUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS (TOGETHER REFERRED TO AS “AFFILIATES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the above limitation may not apply to you, and you may have additional rights. Any issue or dispute arising out of or otherwise relating to the Site shall be governed by the laws of the State of North Carolina.

INDEMNITY

You agree to defend, indemnify, and to hold harmless Ad Physicus, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Site or your inability to use the Site; or (b) the unauthorized or unlawful use of the Site by any other person using your account; or (c) an allegation that you violated any representation, warranty, covenant or condition in these Terms.

Your agreement to defend, to indemnify, and to hold Ad Physicus, together with its officers and directors, harmless applies whether a claim against the Site is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This indemnification section shall survive your termination or cessation of use of the Site.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with these Terms and Conditions shall be resolved first by attempting negotiation through reasonable communication between you and Ad Physicus. Unresolved disputes may warrant initiating arbitration. Arbitration shall be limited to the dispute between the parties individually and shall not be joined with any other proceeding. Non-breaching parties shall be held harmless from, all losses, costs and expenses (including arbitration and attorneys’ fees).

ASSIGNMENT

Ad Physicus may assign its rights and obligations under these Terms, at its sole discretion. These Terms will inure to the benefit of Ad Physicus’ successors, assigns and licensees. Rights of the User under these Terms may not be assigned with prior written permission from Ad Physicus.

Questions may be submitted through the Contact form located on the website.

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