TERMS AND CONDITIONS AGREEMENT FOR JEANNE M. LUSHER
CENTER FOR HEMOSTASIS AND THROMBOSIS MOBILE APPLICATION
Last updated: October 5, 2021
Jeanne M. Lusher Center for Hemostasis and Thrombosis (hereinafter referred to as the “Right holder”) and users of the Internet or the information system — natural persons who, of their own free will and volition, have entered into the present Terms and Conditions Agreement (hereinafter referred to as the Agreement) by downloading, installing and using the Mobile Application (as this term is defined below) (hereinafter referred to as Users) have hereby agreed as follows:
- DEFINITIONS AND INTERPRETATIONS
CONTENT means text or images created by the Licensee and/or the User with the purpose of displaying them in the Mobile Application; these can be (a) created by the Licensee themselves with the purpose of building their own version of the Content based on existing versions of the Mobile Application by means of uploading text, images, or other necessary data; (b) data entered into the Mobile application by the Right Holder at the Licensee’s request; (c) data entered by the Licensee and/or the User on their own. Text and images, as well as trademarks and branding, that are an intrinsic part of the Mobile Application and are owned by the Right Holder do not constitute Content.
RIGHT HOLDER The Jeanne M. Lusher Center for Hemostasis and Thrombosis owns the rights to the content and media presented in the Mobile Application, and also has the license
agreement with software developer Eventicious, LLC to use and distribute the Mobile Application and associated software.
LICENSEE means a natural or legal person who has entered into a license agreement with the Right Holder for the use of the software owned by the Right Holder, including the Mobile
Application, with the purpose of publishing Content in the Mobile Application with the intent to deliver (display) it to End Users.
END USER or USER is a legally competent natural person 13 years of age or older, a user of the Internet and information systems, who installs and uses the Mobile Application on end user
devices as pursuant to the present Agreement.
MOBILE APPLICATION means computer software exclusively owned by the Right Holder and provided to the Licensee and End Users for their use; the software can be deployed to Apple Store, Google Play, or a company network to be accessed via a link.
EVENT means the event organized by the Licensee or their representative for which the Mobile Application will be used.
PARTIES means the Right Holder and the User under the present Agreement. Any terms and interpretations found in the text of the present Agreement and not defined in the above section
shall be interpreted by the Parties in accordance with the current legislation of the United States of America
2. GENERAL PROVISIONS
2.1. The present Agreement defines terms and conditions for using the Mobile Application by End Users.
2.1.2. The Mobile Application is intended for providing education that pertains to bleeding disorders and thrombosis including (but not limited to) diagnosis, treatment medications, safety, Jeanne M. Lusher Center for Hemostasis and Thrombosis clinic information, and events organized by third parties and the Licensee themselves.
2.1.3. The exclusive owner of the Mobile Application provides the Mobile Application to Licensees as a means for posting information pertaining to bleeding disorders, thrombosis and the Jeanne M. Lusher Center for Hemostasis and Thrombosis.
2.1.4. To download, install and log into the Mobile Application on an end user device, the following information may be required: identifier, login, number, password, Apple ID or Google account. The Right Holder shall not be responsible for any losses resulting from unauthorized use of access credentials.
2.2. By installing the Mobile Application or by using it in any way, the User fully accepts all terms of the present Terms and Conditions Agreement.
2.3. The present Terms and Conditions Agreement entitles the User to use the Mobile Application and all functionality that comes with it within the framework of license agreement between the Licensee and the Right Holder.
2.4. Users are solely responsible for protecting their access credentials and other sensitive information, in particular, as listed in clause 2.1.4.
2.5. The Licensee and the Right Holder have the right to choose at their own discretion the means of user authentication to be used in the Mobile Application.
2.6. Unless otherwise agreed by the Parties in writing, the Right Holder shall not act as Event organizer or seller of any goods or services.
2.7. The Mobile Application may not be used in any other way except in accordance with the terms of the present Agreement.
2.8. Users who do not fully accept the terms of the present Terms and Conditions Agreement and Privacy Policy must abstain from using the Mobile Application for any purpose. The Mobile Application must not be used in any way that violates the terms of the Terms and Conditions Agreement and Privacy Policy, and any unauthorized use will be persecuted in accordance with the current legislation of the United States of America.
2.9. The Mobile Application is provided to Users free of charge for their personal non- commercial use that falls under the terms of the present Agreement. Any other uses of the Mobile Application on terms not included in the present Agreement shall be possible only by entering into a separate written agreement with the Right Holder.