Behcets Information Resource
WEB SITE
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB
SITE.
Always use prudent judgement in implementing
any medical routine- and always consult your General Practitioner first!
As I am not medically trained, all the information on this site has been
collated from various sources, and should be used as a reference point
only.
This web site is provided for information only. In no way should any of
the information found on the site be used as a substitute for professional
medical care by a qualified doctor or other health care professional.
ALWAYS check with your doctor if you have any concerns about your condition
or treatment. Behcets Information Resource is not responsible or liable,
directly or indirectly, for any form of damages whatsoever resulting from
the use (or misuse) of information contained in or implied by the information
on this site.
The information contained in Behcets Information Resource Web Site
could contain technical inaccuracies or typographical errors. B.O.W reserve
the right to make changes and improvements to any information contained
within its site and pages, at any time and without notice.
Use of Site. Behcets Information Resource
("Behcet's Information Resources") authorises you to view and download
the materials at this Web site ("Site") only for your personal, non-commercial
use, provided that you retain all copyright and other proprietary notices
contained in the original materials on any copies of the materials. You
may not modify the materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any public or
commercial purpose. For purposes of these Terms, any use of these materials
on any other Web site or networked computer environment for any purpose
is prohibited. The materials at this Site are copyrighted and any unauthorised
use of any materials at this Site may violate copyright, trademark, and
other laws. If you breach any of these Terms, your authorisation to use
this Site automatically terminates and you must immediately destroy any
downloaded or printed materials.
Use of Software. If you download software
from this Site ("Software"), use of the Software is subject to the license
terms in the Software License Agreement that accompanies or is provided
with the Software. You may not download or install the Software until
you have read and accepted the terms of the Software License Agreement.
User Submissions. Other than personally identifiable
information, which is covered under the Behcet's Information Resources
Online Privacy Statement, any material, information or other communication
you transmit or post to this Site will be considered non-confidential
and non-proprietary ("Communications"). Behcet's Information Resources
will have no obligations with respect to the Communications. Behcet's
Information Resources and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all
commercial or non-commercial purposes. You are prohibited from posting
or transmitting to or from this Site any unlawful, threatening, libellous,
defamatory, obscene, pornographic, or other material that would violate
any law.
User Chat Rooms. Behcet's Information Resources may, but is not obligated
to, monitor or review any areas on the Site where users transmit or post
Communications or communicate solely with each other, including but not
limited to chat rooms, bulletin boards or other user forums, and the content
of any such Communications. Behcet's Information Resources, however, will have no liability related
to the content of any such Communications, whether or not arising under
the laws of copyright, libel, privacy, obscenity, or otherwise. Behcet's Information Resources retains
the right to remove messages that include any material deemed abusive,
defamatory, obscene or otherwise unacceptable.
Links To Other Web Sites. Links to third party
Web sites on this Site are provided solely as a convenience to you. If
you use these links, you will leave this Site. Behcet's Information Resources has not reviewed all
of these third party sites and does not control and is not responsible
for any of these sites or their content. Thus, Behcet's Information Resources does not endorse or
make any representations about them, or any information, software or other
products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites
linked to this Site, you do this entirely at your own risk.
Disclaimer. THE MATERIALS PROVIDED AT THIS
SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. Behcet's Information Resources further does
not warrant the accuracy and completeness of the materials at this Site.
Behcet's Information Resources may make changes to the materials at this
Site, or to the products and prices described in them, at any time without
notice. The materials at this Site may be out of date, and Behcet's Information
Resources makes no commitment to update the materials at this Site. Information
published at this Site may refer to products, programs or services that
are not available in your country. Consult your local Behcet's Information
Resources co-ordinator contact for information regarding the products,
programs and services that may be available to you. Applicable law may
not allow the exclusion of implied warranties, so the above exclusion
may not apply to you.
Limitation of Liability. IN NO EVENT WILL
Behcet's Information Resources, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB
SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT
ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,
YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
Procedure for Making Claims of Copyright Infringement.
In accordance with the Digital Millennium Copyright Act (17 USC § 512),
Any notifications of claimed copyright infringement must be sent to the
Service Provider's Designated Agent.
U.S. Government Restricted Rights. Government
users will receive no greater than Restricted Rights as defined in FAR
52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater
Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015
(b) (2) (November 1995), as applicable in any technical data at this site.
Applicable Laws. This Site is administered
by Behcet's Information Resources from its offices in Somerset, United
Kingdom. Behcet's Information Resources makes no representation that materials
at this Site are appropriate or available for use outside the United Kingdom,
and access to them from territories where their contents are illegal is
prohibited. You may not use or export or re-export the materials at this
Site or any copy or adaptation in violation of any applicable laws or
regulations including without limitation UK export laws and regulations.
If you choose to access this Site from outside the United Kingdom, you
do so on your own initiative and are responsible for compliance with applicable
local laws. These Terms will be governed by and construed in accordance
with the laws of the United Kingdom, without giving effect to any principles
of conflicts of laws.
General. Behcet's Information Resources may revise these Terms at any
time by updating this posting. You should visit this page from time to
time to review the then-current Terms because they are binding on you.
Certain provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages at this Site.
Welcome to the Behcets Information Resource group
.
We are providing this, easy-to-use e-mail group Use.
Please take a moment to read this message and list
of rules.
1) The main rule here is that we all support each
other and share any information that may help other sufferers.
2) Any complaints must be sent directly to the administrator,
not the list. If you do have a complaint, please send to the address listed
below.
3) Any rule that is not listed here, can be made up
by the administrator when they feels the need warrants it.
4)The use of this site, and the terms and conditions
for our providing information, is governed by our Disclaimer. By using
this site, you acknowledge that you have read the Disclaimer and that
you accept and will be bound by the terms thereof. Also by using this
site you acknowledge that you have read the Terms of Use Agreement and
the disclaimers and caveats contained in this site, and that you accept
and will be bound by the terms thereof. You can request a copy of the
Use agreement in writing or by e-mail.
5) This site contains links to other Internet sites.
Such links are not endorsements of any products or Uses in such sites,
and no information in such site has been endorsed or approved by Behcets Information Resource.
6) THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL ANSWERS, CLAIMS, WARRANTIES, OPINIONS
EXPRESSED OR IMPLIED, ARE DISCLAIMED. THE INFORMATION MAY CONTAIN ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT ACCEPT ANY LIABILITY FOR ANY
INACCURATE INFORMATION, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE
REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY
THE USER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, HEALTH, LITIGATION, OR
THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF INFORMATION,
TORT (INCLUDING NEGLIGENCE), INFORMATION LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES
ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE RELATIONSHIP
BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT
SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER
ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CORRECTNESS, COMPLETENESS,
SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained
within the electronic files of this site are disclaimed.
7)All postings will remain copyright of Behcets Information
Resources. Copyright © 2002-3. All the text, graphics, audio, design,
software, and other works are the copyrighted works of [Behçets Information
Resources.] All Rights Reserved. Any redistribution or reproduction of
any materials herein is strictly prohibited.
8) Editing, Deleting, and Modification. Company reserves
the right in its sole discretion to edit or delete any information or
content appearing on the Site and to remove any items or postings that
it deems not suitable. Upon notice published over the Use, company may
modify this agreement, and may discontinue or revise any or all aspects
of the Site in its sole discretion and without prior notice. Modification
of this agreement will be deemed effective upon publication on the Site
with respect to transactions occurring after said date.
9) Right to Refuse. The company reserves the right
in its sole discretion to refuse entries and submissions at any time.
Submission of entries or Uses is subject to availability.
10) Miscellaneous. This Contract shall be treated
as though it were executed and performed in State of California and in
the United Kingdom and shall be governed by and construed in accordance
with the laws of the United States of America and of the State of California
and in the United Kingdom (without regard to conflict of law principles).
Any cause of action of the user with respect to the Site must be instituted
within six (6) months after any contact or submission or be forever waived
and barred. All actions shall be subject to the limitations set forth
in Section 8. The language in this Contract shall be interpreted as to
its fair meaning and not strictly for or against any party. All legal
proceedings arising out of or in connection with this Contract shall be
brought solely in State of California and in the United Kingdom and the
user expressly submits to the jurisdiction of said courts and user consents
to extraterritorial Use of process. Should any part of this Contract be
held invalid or unenforceable, that portion shall be construed consistent
with applicable law as nearly as possible to reflect the original intentions
of the parties and the remaining portions shall remain in full force and
effect. If required the laws of the United Kingdom shall prevail. To the
extent that anything in or associated with the Site or the company is
in conflict or inconsistent with this Contract, this Contract shall take
precedence. Failure of company to enforce any provision of this Contract
shall not be deemed a waiver of such provision nor of the right to enforce
such provision. Attorney Fees Provision. In any litigation, arbitration,
or other proceeding by which one party either seeks to enforce its rights
under this Agreement (whether in contract, tort, or both) or seeks a declaration
of any rights or obligations under this Agreement, the prevailing party
shall be awarded its reasonable attorney fees, and costs and expenses
incurred. Notice. Any notices required or permitted to be given hereunder
shall be given in writing and shall be delivered (a) in person, (b) by
certified mail, postage prepaid, return receipt requested, (c) by facsimile,
or (d) by a commercial overnight courier that guarantees next day delivery
and provides a receipt, and such notices shall be addressed as follows:
Behcets Information Resource, Head Office, PO Box 27, Watchet, Somerset,
TA23 0YJ, United Kingdom. Or to such other address as either party may
from time to time specify in writing to the other party. Any notice shall
be effective only upon delivery, which for any notice given by facsimile
shall mean notice which has been received by the party to whom it is sent
as evidenced by confirmation slip.
11) Headings. The headings in this Agreement are included
for convenience only and shall neither affect the construction or interpretation
of any provision in this Agreement nor affect any of the rights or obligations
of the parties to this Agreement.
12) Improper Use
a) Prohibition Against Harassing, Discriminatory and
Defamatory Use
b) We do not censor any content but will delete any
obscene or immoral literature.
c) Please respect the other users and no arguing,
or you will be suspended and put on the monitored list. If the posting
warrants it, the person can be suspended from the list after the first
warning.
d) If an acceptable apology and in mitigating circumstances
the person or persons may be re-subscribed.
e) Support groups and subscribers not affiliated or
associated to Behcets Information Resource may not solicit or attempt
to solicit members, information or support from the resources of Behcets
Information Resource, without prior permission from the Management. Permission
can be sought either by e-mail or postal mail as follows; If to the: Behcets
Information Resource, Head Office, PO Box 27, Watchet, Somerset, TA23
0YJ, United Kingdom. Any attempt to carry out solicitations or recruitment
or abuse of the resources of Behcets Information Resource without prior
permission will be seen as advertising and will be charged at the following
rates; each occasion will be charged at $200 or the Sterling equivalent.
The party or parties that post will assume to be charged this amount and
accept that this is the fair and going rate for such advertising. Any
charge that is made is not seen as an acceptance to post, solicit or recruit.
Any group or individual that has used its resources for any gain not in
accordance with the company's aims and objectives or agreement, will gives
all rights to that group in accordance with this agreement. Furthermore
the company, Behcets Information Resource will have shared ownership of
such a group or resources provide by said group.
f) The company is aware that their Uses and resources
use electronic mail for correspondence that is less formal than written
memoranda. Users must take care, however, not to let informality degenerate
into improper use. As set forth more fully in the company's "Policy Against
Harassment," the company does not tolerate discrimination or harassment
based on gender, pregnancy, childbirth (or related medical conditions),
race, colour, religion, national origin, ancestry, age, physical disability,
mental disability, medical condition, marital status, sexual orientation,
family care or medical leave status, veteran status, or any other status
protected by state and federal laws. Under no circumstances may users
use the company's Technology Resources to transmit, receive, or store
any information that is discriminatory, harassing, or defamatory in any
way (e.g., sexually?explicit or racial messages,
13) Use The company's Technology Resources are to
be used by users only for the purpose of conducting company business.
Users may, however, use the company's Technology Resources for the following
incidental personal uses so long as such use does not interfere with the
users duties, is not done for pecuniary gain, does not conflict with the
company's business, and does not violate any company policy: 1. To send
and receive necessary and occasional personal communications to provide
support and information to those requesting it; 2. To contact others with
Behcet's Disease in accordance with this agreement. 3. To use the resources
to provide information for their carers and physicians so that an improvement
in their condition can prevail. 4. To access the resources to gain a fuller
understanding of Behcet's Disease. The company assumes no liability for
loss, damage, destruction, alteration, disclosure, or misuse of any personal
data or communications transmitted over or stored on the company's Technology
Resources. The company accepts no responsibility or liability for the
loss or non?delivery of any personal electronic mail or voicemail communications
or any personal data stored on any company property. The company strongly
discourages users from storing any personal data on any of the company's
Technology Resources
14) Other Prohibited Uses Users may not use any of
the company's Technology Resources for any illegal purpose, violation
of any company policy, in a manner contrary to the best interests of the
company, in any way that discloses confidential or proprietary information
of the company or third parties, or for personal or pecuniary gain.
15) Monitoring The company monitors both its on?line
and off-line Uses and the sites visited by individual and group users.
The company reserves the right to limit such access by any means available
to it, including revoking access altogether.
By agreement of the Management, Behcets Information
Resource.
Revised March 2002
Terms and Conditions
& Copyright Statement
All rights to all © 2002-3 Behcets Information resources images and materials
are reserved. This website, the images contained herein, and all catalogue,
CD-ROM, and file images are protected by the Copyright Laws of the United
States, 17 U.S.C. (symbol) 101, et. Seq., in addition to the right of
Privacy and Publicity laws of the United States and all Copyright Laws
and other laws of countries pursuant to the Berne Convention and International
Law. None of these images may be reproduced or transmitted in whole or
in part in any form, without prior written permission of the company,
or its authorised agents. Intentional violation of copyright holder's
rights can lead to penalties of $100,000 plus attorney's fees. Any infringement
will be prosecuted to the full extent of the law.
Logging on to this
website, and/or acceptance of any © 2002-3 Behcets Information resources
and/or CD-ROM or images in film or digital form acknowledges your acceptance
of the terms and conditions. If you do not wish to enter into this agreement,
log off now, and/or return any materials to© 2002-3 Behcets Information
resources. within ten (10) business days. Failure to log off or return
will result in your being bound by these terms.
All postings will
remain copyright of © 2002-3 by Behçets Information Resources. All the
text, graphics, audio, design, software, and other works are the copyrighted
works of Behçets Information Resources. All Rights Reserved. Any redistribution
or reproduction of any materials herein is strictly prohibited.
Responsibility
for Use
When licensing an
image/images from © 2002-3 Behcets Information resources, recipient agrees
to disclose to Behçets Information Resources the exact usage, including
the type of product or service intended for the image(s). Permission will
be granted when the intended use(s) is/are described on the invoice. The
invoice should not be accepted if intended use has not been properly described.
Invoice will be deemed accepted after five (5) business days of receipt.
Full and prompt payment of invoice will confirm the license for use.
Recipient agrees not
to use, nor will © 2002-3 Behcets Information resources agree to accept
the use of Photograph(s) in any defamatory or obscene manner either by physical
changes or by accompanying text. Special clearance must be obtained for
any uses pertaining to, but not limited to: tobacco, alcohol, drugs, sexual,
adult or personal hygiene products; or social issues, including, but not
limited to domestic violence, child abuse, or any illegal activities. Recipient
agrees to indemnify and defend SuperStock from and against all damages,
including all reasonable attorney's fees, resulting from Recipient's use
of the photographs, if used without written agreement on invoice.
Copyright Law
Copyright Law is
very complex and often confusing. It also has different characteristics
in different countries. It is not© 2002-3 Behcets Information resources
intention to give legal advice (only a copyright attorney can do that)
but rather to give some general information regarding copyright, as it
relates to visual images and reproduction, as we understand it.
Copyright Act
of 1976
Works created after
January 1, 1978
Pursuant to the 1976 Act, all works created after January 1, 1978 are
afforded a term of statutory copyright beginning at the work's creation
and enduring for the life of the author plus fifty years after his death.
17 U.S.C. §302(a). The 1976 Act further provides that a work is "created"
so as to begin the term of statutory copyright when it is fixed in tangible
form under the authority of the author for the first time, regardless
of whether the work is registered with the Copyright Office. 17 U.S.C.
§ 101. The basic term of the author plus fifty years is equally applicable
to unpublished and published works.
A work made for hire,
if created on or after January 1, 1978, is afforded a term of 75 years
from the date of first publication or a term of 100 years from its creation,
whichever expires first. 17 U.S.C. § 302(c). In such a case, the
employer for whom the work was prepared is deemed the author. 17 U.S.C.
§ 201(b).
Works created prior
to January 1, 1978
On January 1, 1978, when the 1976 Act became effective, common law copyright
as to nearly all works terminated by reason of federal pre-emption. Prior
to that date, common law copyright existed in a work from the moment of
creation and continued until the work was published or registered with
the Copyright Office as an unpublished work - at which point the work
obtained statutory copyright.
All works which obtained
statutory copyright prior to January 1, 1978 (and which did not lapse
into the public domain through expiration of its term of copyright) were
protected for an initial copyright term of 28 years commencing upon the
date that statutory copyright was originally secured. Under the Copyright
Act of 1909, such works were entitled to a renewal term of an additional
28 years if an application for renewal registration was submitted to the
Copyright Office within one year prior to the expiration of the original
term. 17 U.S.C. § 24 (1909 Act). The 1976 Act extended the renewal
term (but not the first term) by an additional 19 years so that the renewal
term is now 47 years rather than 28 years.
A work, which, as
of January 1, had already begun its renewal term thus, became entitled
to an additional 19 years of protection or a total of 75 years from the
time the first term copyright was secured. This renewal period is applicable
only to works that were protected by statutory copyright prior to January
1, 1978 and had not entered into public domain due to the expiration of
the initial term without submission of a renewal registration to the Copyright
Office.
(Back
to the top of the page.)
The Berne Copyright
Convention
The Berne Convention
was established in 1886, and is the world's oldest international copyright
treaty. The United States did not become a member until March 1, 1989,
although it had been part of the Universal Copyright Convention (UCC)
since 1954.
The Berne Convention's
copyright treaty had been signed by 96 countries, and all the member nations
are required to provide the same copyright protection to all nationals
in all the member nations. This treaty is much broader in scope and offers
far more protection than the UCC.
The United States
Congress amended the Copyright Act in order to comply with the terms of
the Berne Convention. It was no longer necessary to register a work with
the U.S. Copyright Office in order to receive protection from infringement.
There is still a
catch. Creators from other member nations can initiate litigation in the
U.S. without having registered the work. However, U.S. creators must attempt
registration before commencing litigation. There is an incentive for U.S.
creators to register, which is that Congress doubled the level of statutory
damages which the copyright owner may recover for registered works. The
creator does not need to prove that the violator made profits or that
economic injury was caused to the creator. Statutory damages were increased
from $50,000 to $100,000. In most cases, an U.S. plaintiff will not be
rewarded these damages or attorney's fees unless the work was registered
before the infringement was committed.
The Berne Convention
has eliminated the requirement that a published work contain a copyright
notice. This is true for any work that is created in any of the member
nations. It is still a good idea to include this notice, because then
a violator cannot claim "innocent infringement."
Right of Publicity
The right of publicity
enables a person to prevent others from exploiting his or her name, likeness,
voice, etc. without permission or authorisation There is no Federal statute
or uniform state law that governs the right of publicity, so every state
is different. For example, in Utah, only a person's likeness is protected
and only while they are alive, while in California the likeness and photographs
are protected for 50 years after death. In all states the likeness of
a newsworthy person for non-commercial purposes, such as a news feature
or a history book, is unrestricted.
Right of Privacy
Like the right of
publicity, the right of privacy also differs from state to state. Essentially,
it is the right that individuals have to prevent unwanted exposure of
their private life. This is why model releases and in some cases even
property releases are needed when using an image for commercial purposes.
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