Terms and conditions of the 3Datlasofneurologicalsurgery.org internet platform
Please read these terms and conditions carefully before using the 3Datlasofneurologicalsurgery.org website as they affect your rights and obligations.
These terms and conditions govern the rules for the use of the 3Datlasofneurologicalsurgery.org internet platform and the relationship between the owner of the site, Tomа Spiriev, and the users using the site.
The materials on the website (the content of the website, the photographs of the presented models and realistic dissections, the 3 D models of anatomical organs and dissections, the artistic designs) and the databases that are part of this website are copyrighted works under the protection of Article 3, paragraph 1, item 1 and item 5 of the Copyright and Related Rights Act. The website 3Datlasofneurologicalsurgery.org is an internet platform - through which you as a user have the opportunity to obtain information from our developed atlas of neurosurgery and neuroanatomy, which includes photorealistic anatomical three-dimensional models of neuroanatomy, three-dimensional reconstructions of surgical approach based on imaging studies, serving as a training tool for anatomy students, as well as training for residents and specialists in neurosurgery, as well as orthopedics, plastic surgery, vascular surgery, angiology and cardiology, among others.
The site offers easy accessibility, a large database of specialized data aiming to help with medical training - 3D models based on actual anatomical dissections rather than being computer generated models, and videos together with graphics with various specialized content. Each anatomical structure is labeled and named, and when a given structure is selected, the camera automatically rotates to the area of interest. The 3D models presented on the site are illustrative - they may not serve to treat specific diseases, teach in detail how to perform surgeries or other medical interventions.
The 3Datlasofneurologicalsurgery.org project is non-commercial, with the main idea being to use it as a tool for medical information, reference content and/or education, without claims to substitute specialized anatomical laboratory training, or surgical training
By agreeing to these Terms and Conditions, you declare your express agreement that you understand the nature and significance of the natural facts which indicate that this site and the information displayed on it is for informational purposes only and nothing could substitute for medical education, specialized medical experience and practice aided by specialized equipment and technology of hospital facilities. In this regard, the creators and owners of the site, do not bear any responsibility in the hypothesis where a user of the site attempts to realize complex neurosurgical intervention, operations or other types of treatment, without having the necessary educational, qualification, professional and other types of training and/or practical experience for this. Part of the content of the site is graphic and has strictly medical content, and in this context is directed to medical professionals and is not suitable for people with a labile psychic or sensitive to medical data displayed on the site
If you, as a user, do not agree to be bound by these terms and conditions, please discontinue using the 3Datlasofneurologicalsurgery.org website. In the hypothesis of article 4 of the Consumer Protection Act, through these General Terms and Conditions the 3Datlasofneurologicalsurgery.org Internet platform provides you with appropriate information about its use, allowing you to make your adequate conscious choice whether or not to sign this agreement (contract). The definition of "user" includes all uses of this site, both by persons wishing to access the site.
І. Definitions.
In these Terms and Conditions, the following terms shall have the meanings set forth opposite them unless the context requires a different meaning:
1. 3Datlasofneurologicalsurgery. org is an author-developed system, in the form of a digital atlas of neurosurgery and neuroanatomy, which includes photorealistic three-dimensional anatomical models of neuroanatomy, three-dimensional reconstructions of surgical approaches based on imaging studies, serving as a training tool for anatomy students, as well as training for residents and specialists in neurosurgery, as well as orthopedics, plastic surgery, vascular surgery, angiology, and cardiology etc., which was created and compiled as a database in accordance with Art. 3, par. 1(1) and (5) of the Copyright and Related Rights Act. and the copyright legislation of the Republic of Bulgaria. For brevity, the same shall be referred to throughout these Terms and Conditions as the "Site" or the "Site".
2. The person Toma Spiriev is the owner of the site, and as such is liable to all third parties for its use and content, for brevity will be referred to throughout these general terms and conditions as "Provider".
3. Users of the Site are natural and/or legal persons who use the 3Datlasofneurologicalsurgery.org Site, for brevity in these Terms and Conditions referred to as "Users" or "Users".
4. "Electronic Statement" means a verbal statement presented in digital form using a generally accepted standard for the conversion, reading and visual representation of information.
5. "IP Address" is a unique identification number that associates a device, web page or resource with a User in a manner that allows it to be located on the World Wide Web.
6. An "electronic link" or simply "link" is a link identified in a particular web page that allows automated reference to another web page, information resource or object through standardised protocols.
7. "Abuse" or "Malicious Acts" are acts or omissions that violate Internet ethics, Bulgarian legislation, these General Terms and Conditions and/or cause harm to persons connected to the Internet or associated networks, sending junk mail, so-called "spam", "spamming" or "spamming". unsolicited commercial messages under the Electronic Commerce Act (SPAM, JUNK MAIL), overfilling channels (FLOOD), gaining access to resources with someone else's rights and passwords, exploiting flaws in systems for personal gain or to obtain information (HACK), performing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending Trojan horses or causing the installation of viruses or remote control systems, interfering with the normal operation of other Internet users and associated networks, copying and reproducing the content of the 3Datlasofneurologicalsurgery website. org to other websites and sources, as well as performing any legal actions aimed at infringing intellectual property, copyrights, trademarks, industrial designs, logos or other types of copyrighted images, as well as any other intentional acts that may qualify as a criminal offence or administrative offence under Bulgarian legislation or other applicable law.
8. "Web page" means a part of a website, which may be a composite or a separate part.
9. "Website" means the distinct location on the global Internet network accessible through its unified HTTP or HTTPS address (URL) and containing files, programs, text, sound, picture, image, hyperlinks or other materials and resources.
10. "Information system" means a device or system of connected devices that, or any of which, is designed to store, send, or receive electronic documents.
11. "Server" means a device or system of connected devices on which or any of which system software is installed to perform tasks in connection with the storage, processing, reception or transmission of information.
12. "Material" means any subject matter of copyright in the context of Article 3 of the UCCPA, as well as any information in the form of a work of art such as artwork, website photographs, website design, website content that may be reproduced and distributed to an unlimited number of registrants.
13. "Database" is a collection of independent works, data or other materials, arranged systematically or methodically and individually accessible electronically, constituting an information resource of 3Datlasofneurologicalsurgery.org, which are intellectual property in the hypothesis of Article 11 Copyright and Related Rights Act.
14. A "fortuitous event" is a circumstance of an extraordinary nature, unforeseen at the time of the conclusion of the contract, which makes its performance objectively impossible.
15. "Commercial communications" means advertising or other communications representing, directly or indirectly, the goods, services or reputation of a person carrying on a trade or craft or exercising a regulated profession.
16. "Intellectual property" means all text, images, trademarks, domains and other types of matter which are the exclusive legal property of the "Provider" as a collection of moral and proprietary rights.
II. Providing access to the website.
17.1. The user has free access to the content of 3Datlasofneurologicalsurgery.org by opening, browsing and/or using this site, each visitor (guest) is deemed and agrees to be aware of the provisions and agrees to be bound by and comply with these Terms and Conditions, as well as the provisions of the Copyright and Related Rights Act. The site is accessed via a web browser and the information databases of the 3Datlasofneurologicalsurgery.org site, maintained by the provider.
17.2. Any user may, on a general basis, visit the 3Datlasofneurologicalsurgery.org site for educational and informational purposes, and the materials are directed primarily to subjects with medical training, as they are specialized, scientific in nature and contain medical data.
18. These Terms and Conditions constitute a contract for the provision of an online information resource from the 3Datlasofneurologicalsurgery.org website.
19. Any work of art (artistic design) or database, which are located on the pages of the site, constitute the subject of copyright, which has arisen in the hypothesis of Article 11, Article 14 and/or Article 42 of the Copyright and Related Rights Act, as well as in the case of licensing (by natural or legal persons) of copyright by third parties under Article 19 of the Copyright and Related Rights Act.
Therefore, the copyright content of the website may not be copied, distributed, reproduced, duplicated or modified in any other form or by any means without the consent of the provider.
20. In proven cases of use of copyrighted materials representing the intellectual property of 3Datlasofneurologicalsurgery.org in a manner that may qualify as the reproduction of the same in opposition to the purposes of the 3Datlasofneurologicalsurgery.org website, the relevant competent prosecutor's office or court will be contacted.
21. The Provider reserves the right to record, store and use any information about users necessary for their identification and reproduction of the statement of agreement to the General Terms and Conditions.
III. Applicability. Change.
22. The provisions of the General Terms and Conditions shall apply to all matters arising from the use of the Site, and the same may be supplemented by the Provider if necessary, and rules for the use of certain sections of the Site shall be established on the basis of the same. These new rules shall apply to the general terms and conditions subsidiarily.
23. In view of the periodic additions and modifications to the services, their improvement and expansion, as well as in connection with changing legislation that affect them, the General Terms and Conditions may be changed unilaterally by the provider without the obligation to individually notify the individual user of the change. A modification shall take place upon publication of the terms and conditions on the website and the same shall take effect from that moment, unless otherwise provided, and the user shall be obliged to promptly monitor changes to these terms and conditions.
IV. Rights and Obligations of the Provider and Users.
24. The Provider undertakes to exercise the care necessary under the circumstances to ensure that the Users are able to make unhindered use of the services provided through the Site in accordance with these General Terms and Conditions and the legislation of the Republic of Bulgaria. The Provider is not responsible for the content of materials and references outside the author's database and information resource.
25. The Provider shall have the right to terminate the provision of certain services, assuming the obligation to notify the Users thereof by means of an announcement on its website.
26. The Provider shall be entitled to unilaterally change these General Terms and Conditions at any time, but shall not be obliged to individually notify all Users of the changes. The same will be duly and accessibly disclosed in the content of the website in the ways and under the conditions detailed above in these General Terms and Conditions.
27. The Provider shall be entitled to take measures to prevent abuse and malicious acts by Users.
28. The Provider shall have the right (but not the obligation) to save on its information system or other terminal device for accessing the website information concerning the users and expressed in so-called "cookies". These are small text files that are saved by the 3Datlasofneurologicalsurgery.org website via a server on the user's hard drive, thus enabling the recovery of information about the user that identifies him/her in order to track his/her actions.
29. Users have the obligation to continuously familiarize themselves with the General Terms and Conditions and the amendments thereto, acceptance of the amendments being carried out in the ways and rules described above.
30. Users have the right to use the online services provided by the Provider, subject to these General Terms and Conditions, their supplements and the special rules agreed for the respective services, based on the copyright legislation of the Republic of Bulgaria.
31. The User undertakes not to copy, distribute, borrow in any way, reproduce or publish any copyright works part of the 3Datlasofneurologicalsurgery.org website, and not to:
- infringe the intellectual property rights of third parties, including copyrights, trademarks, logos, designs and any other materials or copyrighted images, photographs, 3 D models, declaring that he is aware of his subsequent liability as a consequence of providing such materials in the hypothesis of Article 172a, Article 172b of the Criminal Code and Article 94 of the Copyright and Related Rights Act;
- violates any property and/or moral rights or legitimate interests of third parties;
- violates in any other way these General Terms and Conditions and the legislation of the Republic of Bulgaria.
32. In connection with the use of the services provided by the provider, the user shall also:
- comply with the provisions of the General Terms and Conditions and the legislation of the Republic of Bulgaria;
- to monitor for intellectual property infringements committed by other Users, and in the event of such infringements to notify the Provider in a timely manner;
- not to infringe in any way the rights of the Provider, as well as those of third parties, through his actions related to the execution of the contract for providing online access to copyright materials.
V. Liability. Limitation of liability.
33. The Provider shall not be obliged to monitor the information it stores, transmits or makes available in the course of providing services to users, nor to search for facts and circumstances indicating the commission of unlawful activity. In the event that a site user suffers harm as a result of incorrect information and/or outdated material sourced from 3Datlasofneurologicalsurgery.org, the provider shall not be liable in any way.
34. All materials and services on this site are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, or non-infringement. Without limiting the foregoing, we make no warranties that (a) the information, materials and services will meet your requirements, (b) the information, materials and services will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from use of the information, materials or services will be efficient, accurate or reliable, or (d) the quality of any information will meet your expectations or be free from errors, defects or omissions.
35. This Site may contain technical or other errors, inaccuracies or typographical errors. We may make changes to the materials and services on this site at any time and without notice. The materials or services at this site may be out of date, and we make no commitment to update these materials or services.
36. The surgical and medical examples, 3D models discussed on 3Datlasofneurologicalsurgery.org are those of the creators of this site, who are specialists in various fields of medicine and the information on this site may not be applicable to your specific patients.
37. Medical data subject to the site are matter to the experience, skills, and expertise of the creators of the site. The conclusions, recommendations, and medical solutions depicted in detail on this site should be viewed as general principles and not as a reason for medical interventions, treatments, or any other type of medical services. The 3Datlasofneurologicalsurgery.org website, its authors and partners assume no liability if you choose to arbitrarily perform legal actions that do not conform to medical standards, protocols and imposed ethical medical practice.
38. The content of 3Datlasofneurologicalsurgery.org, such as text, graphics, images 3D models and other materials, is intended for informational purposes only and is not intended to substitute for professional medical training, diagnostics or treatment in a hospital or other facility. The medical information and content displayed and discussed on the Site is the product of research and medical practice under specific circumstances, experience, skill and ethical standards and may not be applicable to other individuals, patients or medical training. The information set forth is not a substitute for a comprehensive evaluation and discussion of the benefits and risks of any intervention, treatment, research, or general medical training within a university education. The information provided on this site is intended to help neurosurgeons and other medical specialists, students, and residents to become familiar with normal anatomy and neurosurgical approaches which may potentially improve surgical outcomes. The owners of the site assume no liability if you choose to follow the information on the site.
39. Under no circumstances shall the owners of this site be liable for any loss or damage caused by your reliance on this site in any hypotheses beyond its informational purposes. It is your responsibility to judge the accuracy, completeness or usefulness of any information or other content available on this site.
40. The content available through this Site, in some hypotheses, constitutes material that is the intellectual property of another person or organization not affiliated with Toma Spiriev. We are not responsible for the accuracy or reliability of information provided to us by any outside individuals or entities that are our partners purely logistically.
41. (1) If a website user's negligent actions cause the Provider to suffer damages, the user shall indemnify the Provider for all direct and immediate damages suffered, including damages paid to third parties, court costs, etc., attorney's fees, etc.
(2) In the event of infringements concerning intellectual property, any interested party may refer the matter to the website 3Datlasofneurologicalsurgery.org at the email address indicated in the content of the website. After an objective investigation of the case referred to, the site administration decides whether to remove the content in question if it is part of 3Datlasofneurologicalsurgery.org or to refer to the competent state authorities for intellectual property infringement.
42. The Provider shall not be liable for any damages caused to software, hardware or telecommunications facilities, or for any loss of information resulting from materials or resources searched, loaded or used in any way through the services provided through the Site.
43. The Provider shall not be liable for any damages whatsoever resulting from the suspension, modification or restriction of services, or the deletion, modification, loss, unreliability, inaccuracy or incompleteness of any messages, materials or information transmitted, used, recorded, reproduced or made available through the Site.
44. The Provider shall not be liable for any termination of access to the Site and/or the Services and/or for the provision of the Services with degraded quality as a result of tests performed by the Provider to check equipment, networks, etc.
45. The Provider shall not be liable for any problems in the provision of the services due to inadequate equipment of the users, the use of unlicensed software, as well as incompatibility of the software applications used by them and the services provided through the site.
46. The Provider shall not be liable for the termination of the provision of its services in the event of circumstances beyond its control - cases of force majeure, accidental events, problems in the global Internet network, acts or omissions of third parties, etc.
47. The provider should take due care to prevent third parties from accessing the stored user information.
48. In the event of non-fulfilment of obligations and/or the existence of abuse on the part of the users, imposed on them by these terms and conditions and/or violation of these general terms and conditions as well as Bulgarian or international legislation, the provider is entitled to terminate the contract without notice.
49. The present contract shall terminate automatically upon termination of the provider's business and upon cessation of maintenance of the 3Datlasofneurologicalsurgery.org website, as well as by mutual agreement of the parties to the same.
VI. Other Conditions.
50. The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not covered by this contract.
51. All disputes between the Parties shall be resolved in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes arising out of these General Terms and Conditions and between the parties hereto, including disputes arising out of and/or relating to their interpretation, invalidity, performance, termination, as well as disputes concerning the filling of gaps in the General Terms and Conditions and the Contract or their adaptation to newly arising circumstances, shall be resolved by the competent courts in the Republic of Bulgaria.
52.These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect hereto. These Terms of Use may NOT be altered, amended or modified by the use of any other document(s). Any attempt to change, supplement or modify this document or to place an order for products or services that are subject to additional or modified terms is void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or relating to this Site is inconsistent or inconsistent with these Terms of Use, these Terms of Use shall control.
53. No part of this Site, including its copyright, trademark, design, domain, functionality or verbal content, including these Terms and Conditions, may be reproduced, modified or distributed in violation of the laws governing intellectual property in the Republic of Bulgaria without the prior written consent of Toma Spiriev as the owner of the Site in the hypothesis of Article 3, Par. 1, item 1, art.14 and/or 42 of the Copyright and Related Rights Act. In the event of such unlawful actions, the responsible natural or legal persons will be held liable to the relevant criminal, civil and administrative liability and will owe compensation for the damage caused.
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