SurgWiki:Terms of Use

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SurgWiki: terms of use

SurgWiki is an online collaborative resource in the subject field of surgery and is currently found on the website at the following URL [[1]] (“SurgWiki”).

SurgWiki is owned by Blackwell Publishing Asia Pty Ltd (with ABN 29 004 901 562) whose locality of registered office is at 155 Cremorne Street, Richmond Victoria, 3121, Australia.

The following Terms and Conditions of Use, govern use by all users of SurgWiki (each a “User”) and Contributions (as defined below) by all Contributors (as defined below) to SurgWiki . Please read the following carefully because by using or contributing to SurgWiki you are irrevocably agreeing to fully abide by these Terms and Conditions of Use and the Privacy and Data Protection Policy.

A “Contribution” or “Content” shall mean any and all material and content submitted in a contribution by a Contributor to SurgWiki.


Use of SurgWiki

Contributions are provided voluntarily by individuals or groups (each a “Contributor”) working together to develop a resource that will evolve over time. Important: Contributions have not necessarily been contributed, reviewed or vetted by people with expertise in the relevant subject field and no warranties or assurances are given that such Contributions are accurate, complete, up-to-date or reliable. All Contributions are provided on an “as is” basis strictly subject to the SurgWiki Disclaimers [2].

The entire contents of all material available through SurgWiki are protected by copyright unless otherwise indicated. As a User and/or as a Contributor, you have certain rights specified below; all other rights are reserved. All Users, including Contributors, will have access to all Content within SurgWiki. All content shall be submitted to SurgWiki subject to the grant of a non-exclusive licence as described under the Contributions heading below and these Terms and Conditions and the SurgWiki Privacy and Data Protection Policy [[3]].

Except as expressly provided in these Terms and Conditions and the Creative Commons licence found under ‘Reuse of Contributions’ below, Users may not copy, distribute, transmit or otherwise reproduce, sell or resell Content or any extracts of Content from SurgWiki; store such material in any form or medium in a retrieval system; download and/or store Content; or transmit such material, directly or indirectly, for use in any paid service such as document delivery or list serve, or for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use or for a fee or free of charge.

Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer as they appear on SurgWiki. Users may not integrate material from SurgWiki with other material or otherwise create derivative works in any medium. However, brief quotations for purposes of comment, criticism or similar scholarly purposes are not prohibited herein.

Users may not do anything to restrict or inhibit any other User's access to or use of SurgWiki.

If a User refuses or fails to abide by these Terms and Conditions or violates any other terms of this Agreement, Wiley-Blackwell reserves the right in its sole discretion to suspend or terminate their access to SurgWiki immediately without notice, in addition to any other available remedies.

Users shall not have the right to incorporate any Content from SurgWiki into any institutional or other repository under any circumstances without Wiley’s prior written approval.

Contributions

For the purposes of this Terms and Conditions and SurgWiki a ‘Contribution’ shall mean any and all material submitted to SurgWiki by a Contributor (“Contribution”).

Contributors must create a My Profile Page which will allow them to submit Contributions to SurgWiki. In order to do so, Contributors must complete a registration by registering using the SurgWiki registration process. During the registration process, Contributors will select and register a user name and password which they must keep confidential and not disclose to or share with anyone else. Please refer to the SurgWiki privacy and data protection policy which applies to all personal details provided by Users and Contributors. Please note, that it takes a minimum period of 24 hours from the completion of the registration process in order for a Contributors Profile Page to become active.

By submitting a Contribution to SurgWiki, Contributor’s agree to grant Wiley-Blackwell a non-exclusive licence to use all or part of that Contribution in any way. Although the particular Contributor(s) will still own the copyright in such Contribution, Wiley-Blackwell will have the right to freely use, edit, alter, reproduce, publish, sell and/or distribute all or part of the material contained in such Contribution. This licence will be free of charge, perpetual and capable of sub-licence (including but not limited to the grant of a Creative Commons licence to Users of the website as mentioned in “Reuse of Contributions” below). Wiley-Blackwell may exercise all copyright and publicity rights in the material contained in such Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Further, by submitting a Contribution to SurgWiki the Contributor hereby grants to Wiley-Blackwell the right to use the name, likeness and biographical data of the Contributor on or in connection with SurgWiki and any other products of Wiley-Blackwell containing part or all of such Contribution or in any derivative works thereof, and in advertising, publicity or promotion related thereto and in connection with the licence of any rights in such Contribution.

Please also note that, in accordance with these Terms and Conditions, Contributors must ensure that their Contribution(s) do not infringe any copyright, database right or trade mark of any other person. By submitting a Contribution to SurgWiki, the Contributor warrants that it has the right to grant Wiley-Blackwell the non-exclusive copyright licence described above.

If a Contributor is not in a position to grant such a licence to Wiley-Blackwell, it should refrain from submitting the Contribution to SurgWiki.

SurgWiki is intended to facilitate sharing of information in the field of Surgery in good faith. Contributors agree NOT to submit material which:

• they know or have reason to believe or suspect may be untrue or inaccurate;
• is in contempt of court;
• is unlawful, defamatory, contains malicious or negligent or false statements, is obscene, threatening, offensive, harmful or contains otherwise objectionable content (this includes text, graphics, sounds and links);
• has an obviously falsified author attribution or is from a source which has clearly falsified the origin or source of content that is submitted;
• is in part or in whole not entirely your own work, except for small quotations or extracts (only to the extent permitted under the United Kingdom’s Copyright Designs and Patents Act 1988 or equivalent US legislation) which must be attributed to their correct source;
• is not in the English language;
• violates the legal rights or any Intellectual Property Rights of others - if your reply contains material owned or created by someone other than yourself you warrant that you have obtained consent to use such material where such consent is necessary;
• contains within the text any personal information about others which you have not obtained their consent to post;
• discriminates against others, including racially, on grounds of gender or sexual orientation, religiously, in terms of age or disability or otherwise unfairly;
• is likely to contravene accepted ethical guidelines and practices, in particular any and all guidelines which apply to the academic field relating to medicine, surgery and health sciences;
• advertises, promotes or offers to sell any goods or services or other websites;
• advertises, promotes or offers to sell any pharmaceutical products;
• promotes an illegal act or incites inappropriate or unlawful behaviour;
• uses inappropriate (e.g. vulgar or offensive) language, including names;
• may contain viruses or that may damage Wiley-Blackwell’s or other users’ computers;
• contains any statement which Contributor’s know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. For the purposes of these Terms and Conditions “Intellectual Property Rights” shall mean, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.

The Users and Contributors acknowledge that SurgWiki and the Intellectual Property Rights contained therein are protected by law. All rights not specifically licensed to the Users are expressly reserved by Wiley-Blackwell.

Contributors acknowledge that the nature of a collaborative resource or “wiki” that others, including Contributors or Wiley-Blackwell, may edit or remove any Content submitted by you at its sole discretion and without providing any reason.

Each Contributor acknowledges that they take full responsibility for any and all content and each Contribution he/she contributes to SurgWiki. It is a requirement that all submissions to SurgWiki must be backed by evidence.


Breach of these terms and conditions

When Wiley-Blackwell considers that a breach of these Terms and Conditions has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Terms and Conditions constitutes a material breach of the same on which you are permitted to use SurgWiki, and may result in our taking all or any of the following actions: • Immediate, temporary or permanent withdrawal of your right to use SurgWiki;
• Immediate, temporary or permanent removal of any Contribution already posted on SurgWiki;
• Issue of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you;
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law;
Wiley-Blackwell excludes its liability for all action we may take in response to breaches of these Terms and Conditions. The actions described above are not limited, and Wiley-Blackwell may take any other action it reasonably deems appropriate.


Re-use of contributions by users

Users may use any Contributions on SurgWiki according to these Terms and Conditions and the terms of the following Creative Commons licence:

Attribution Non-Commercial (CC BY NC)

In brief, and subject to the terms of such licence, this licence lets the Users remix, tweak, and build upon Contributions non-commercially as long as they credit the Contributor (and SurgWiki). Please find the full terms applicable to this CC licence at the following link:

http://creativecommons.org/licenses/by-nc/3.0/legalcode

Please note that when crediting the Contributor in accordance with the terms of the Creative Commons Licence SurgWiki additionally requires Users to state that the Contribution can be found at www.surgwiki.com (Blackwell Publishing Asia Pty Ltd) and to state the URL of the relevant Contribution.

Contributors should use the following format when crediting any permitted re-use of a Contribution:

[title of the Contribution] © [year of publication] [name of the original Contributor(s)] The original article was published at www.surgwiki.com (Blackwell Publishing Asia Pty Ltd) and such article can be found at the following URL: [insert URL hyperlink to Contribution as it appears on www.surgwiki.com]


Additional Terms

Wiley-Blackwell is not responsible for any charges associated with accessing SurgWiki, including, but not limited to, any computer equipment, telephone or Internet connections and access software.

Wiley-Blackwell may modify any of these terms and conditions at any time by providing notice on SurgWiki. A User’s continued use of SurgWiki shall be conclusively deemed acceptance of such modification.

SurgWiki may provide links to third-party websites. Where such links exist, Wiley-Blackwell disclaims all responsibility and liability for the content of such third-party websites. Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.


Privacy and Data Protection Policy

Wiley-Blackwell recognizes the importance of protecting the information it collects in the operation of SurgWiki and will act in compliance with the SurgWiki Privacy and Data Protection Policy [[4]].

Linking to SurgWiki

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.

If you wish to make any use of material on our site other than that set out above, please address your request to [E-MAIL ADDRESS].


Additional Services

In addition SurgWiki may offer additional services, including optional E-mail Alerting Services, which are opted into by registration and may be opted out of at any time. By choosing to take advantage of this and other services offered by SurgWiki, Users consent to the use of their information for the purposes of providing these services.

Use of Cookies: A cookie is a small piece of information that a website puts on a hard drive so that it can remember information about a user at a later date. In SurgWiki cookies are used in two ways: as a temporary Session Control cookie to validate access privileges and, at the User's option, as a permanent cookie to facilitate login to SurgWiki via the Remember Me option. Cookies are not used to gather or provide usage statistics. By choosing to take advantage of these services, Users consent to the use of their information for the purposes of providing these services. Session Control Cookie: Session control cookies are used on most Web sites today because they facilitate navigation. In order to use SurgWiki Users must have their browsers set to accept cookies.

Once a User is signed onto SurgWiki, Wiley-Blackwell’s Web server uses a temporary cookie to help Wiley-Blackwell manage the visit to the service. This Session Control Cookie is deleted when the User clicks on the Logout button in SurgWiki or when the User quits the browser. Remember Me Cookie: When a User registers to gain access to SurgWiki or its personalization features, the User is asked to choose a user name and password. Every time the User logs into SurgWiki, he/she will be asked to enter this unique user name and password. Users have the option of storing this information on their computers as a permanent cookie by selecting the 'Remember Me' option when logging in. This feature is optional and user controlled. The Remember Me cookie can be deleted at any time by clicking on the Logout button in SurgWiki.

Users must be careful not to store their user name and password as a cookie on any computer that is not their own, since doing so would enable other users coming to that computer to access SurgWiki under their name and to have access to their SurgWiki My Profile page and to submit Content under their user name and password.


Governing Law and Jurisdiction

These Terms and Conditions shall be construed and interpreted pursuant to the laws of the State of New York applicable to contracts wholly entered into and performed in the State of New York. Any legal action, suit or proceeding arising out of or relating to these Terms and Conditions or the breach thereof shall be instituted in a court of competent jurisdiction in the State of New York and each party hereby consents and submits to the jurisdiction of such court, waives any objection to venue in such court and consents to service of process by registered or certified mail, return receipt requested, at the last known address of such party.

ISSUE DATE: 10 JUNE 2011


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