Welcome to www.panoplyhealth.co.uk (“panoplyhealth.co.uk”), which is owned and operated by Panoply Inc. This Agreement contains the Terms of Service upon which you and any organization(s) (collectively referred to herein as “User”) on whose behalf you use panoplyhealth.co.uk may access the products, services, information, and other materials available through panoplyhealth.co.uk.
Before accessing panoplyhealth.co.uk, please read the following terms and conditions carefully, as they govern the use of panoplyhealth.co.uk and all products, services, information, and other materials available through it.
By accessing and using panoplyhealth.co.uk, you agree to abide by the Terms of Service below. We have created these rules and guidelines to protect you and our other users. If you encounter another user who is not abiding by these Terms of Service, please contact us so that we may take appropriate actions.
1. Acceptance of Terms of Service
By accessing, viewing, or using the products, services, information, or other materials available on or through panoplyhealth.co.uk, you, the User, indicate that you understand these Terms of Service and that you accept such Terms of Service and agree to comply with them. Panoply reserves the right to change these Terms of Service from time to time. Panoply will post the most recent date of review on this page. Your continued use of panoplyhealth.co.uk following any such change(s) to these Terms of Service will be conclusively deemed acceptance of such change(s).
Panoply reserves the right, in its sole discretion, to immediately suspend or terminate these Terms of Service and/or your ability to use panoplyhealth.co.uk and/or any other service provided to you by Panoply, without cause and without notice to you.
In the event that Panoply determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for panoplyhealth.co.uk, Panoply reserves the right to (a) warn you via email that you have violated these Terms of Service; (b) delete any content provided to Panoply; (c) discontinue your ability to use panoplyhealth.co.uk and/or any other service provided to you by Panoply; (d) notify, send content to, and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action that Panoply deems to be appropriate.
4. Modifications to panoplyhealth.co.uk
Panoply may modify or discontinue panoplyhealth.co.uk without notice or liability to you or any user.
5. Content of Messages
You understand and agree that you are responsible for the content of any messages posted or sent by you or any user of your account (whether authorized or unauthorized), and the consequences of any such messages. Panoply reserves the right to immediately terminate your registration without notice if it determines, in its sole discretion, that you are violating any of the following guidelines.
You further agree not to use panoplyhealth.co.uk to distribute or send or post on or any place on panoplyhealth.co.uk or any other site maintained by Panoply, any message or material that is illegal, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances, including, but not limited to, illegal material in the form of text, graphics, video, programs, or audio. Panoply reserves the right to delete any material from panoplyhealth.co.uk without notice to you or any other user of panoplyhealth.co.uk. You agree not to impersonate any other person or entity, whether actual or fictitious, including, but not limited to, an employee or a consultant of Panoply. You agree not to post content or participate in any form of discussion on or through panoplyhealth.co.uk with the intent to commit any illegal activity.
You understand and acknowledge that: (a) Panoply permits you access to content that is protected by copyrights, trademarks and/or other intellectual property and proprietary rights (“Rights”); (b) the Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as otherwise set forth, these Terms of Service and the applicable copyright, trademark, and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material on panoplyhealth.co.uk subject to any Rights. You shall have the burden of proving that any information, software, image, or any other content on panoplyhealth.co.uk is not protected by Rights. You acknowledge that Panoply has acquired Rights to use any materials posted to panoplyhealth.co.uk (as described below), and that you will not acquire any Rights by downloading such materials.
You grant Panoply and its affiliates a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display content submitted to any “public area” of panoplyhealth.co.uk (excluding other private user-only areas), in whole or in part, and/or permit Panoply to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any Rights that may exist in such content. By submitting content to Panoply, you represent and warrant that the holder of any Rights, including, but not limited to, moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You understand and agree that Users may access, display, view, store, and reproduce such content for personal use.
6. Panoply Intellectual Property Rights
Except as expressly provided herein, Panoply does not grant you any express or implied right under any patent, copyright, trademark, or trade secret information. Unauthorized use of any material contained on panoplyhealth.co.uk may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other regulations or statutes. Please be aware that Panoply actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The contents of panoplyhealth.co.uk are Copyright © 2015 Panoply Health Limited. All Rights Reserved. Panoply also owns a copyright in panoplyhealth.co.uk as a collective work and/or compilation and database rights arising from the selection, coordination, arrangement, and enhancement of panoplyhealth.co.uk’s content.
Panoply, Aculaunch, Acupatient, AcuChart and any and all other names, logos, and icons identifying Panoply’s products, services, information, and other materials are proprietary marks of Panoply, and any use of such marks without the express written permission of Panoply is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners and as such, those third parties also may have the right to aggressively enforce their intellectual property rights to the fullest extent of the law.
7. Third-Party Content and Products
Some or all of the information and other materials or products available on panoplyhealth.co.uk have been prepared or are being offered by third parties that are not affiliated with Panoply. Panoply makes no warranties with regard to such information or other materials or products, nor does Panoply assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products. Content provided by Panoply should not be a substitute for discussions with and/or evaluations from qualified health care professionals. The User’s correspondence or any other dealings with such third parties are solely between the User and such third parties and may be subject to any terms and conditions as such third parties may prescribe. The User agrees that Panoply will not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on panoplyhealth.co.uk.
8. Links to Other Sites
Panoply may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its users. While we make every effort to ensure a high level of quality in our content, these sites are maintained by third parties over which Panoply exercises no control. Accordingly, Panoply expressly disclaims any responsibility for the content, the accuracy of the information or other materials, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement by Panoply with respect to any third-party, any web site, or any products or services provided by any third-party, through its Web site or otherwise.
9. Your Password
Use of certain portions of panoplyhealth.co.uk requires a password. You will be asked to choose a unique login username (“User Name”) and a password (“Password”). Each User Name and corresponding Password can only be used by one User. Anyone with knowledge of both a User Name and Password can gain access to the subscription-based portions of panoplyhealth.co.uk and the information available to each User.
Accordingly, all Passwords must be kept secret. By agreeing to the Terms of Service, you agree to be solely responsible for the confidentiality and use of your respective Password(s), as well as for any communications entered through panoplyhealth.co.uk using such Passwords. If you become aware of any loss, theft, or unauthorized use of your Password, you should immediately notify Panoply of such loss, theft, or unauthorized use. Panoply reserves the right to delete or change a Password or to withdraw user privileges or deny services at any time and for any reason.
10. Recovering A Lost or Forgotten Password
If you are trying to sign on to our site and you have forgotten your password, Panoply will send you an email with a special link back to the site where you can reset your password. For security and privacy reasons, if you forget both your original password and the answer to your reminder question, your account will be permanently locked until you recall one or the other. Or, you may write us at firstname.lastname@example.org, explain your situation and we’ll re-enter you in our system.
11. Confidentiality on the Internet
Use of the Internet, including, without limitation, panoplyhealth.co.uk, is solely at your own risk and is subject to all applicable local, national, and international laws and regulations. While Panoply uses reasonable efforts to create a safe, secure, and reliable web site with panoplyhealth.co.uk, please be advised that the confidentiality of any communication or material transmitted to or from panoplyhealth.co.uk or Panoply over the Internet cannot be guaranteed. Accordingly, Panoply and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on panoplyhealth.co.uk, or for the consequences of any reliance on such information. You assume all risks involved in using the Internet, including, without limitation, panoplyhealth.co.uk and must make your own determination as to these matters.
12. Security of panoplyhealth.co.uk
Any actual or attempted unauthorized use of panoplyhealth.co.uk including, without limitation, “hacking,” may result in criminal and/or civil prosecution. For your protection, Panoply reserves the right to view, monitor, and record activity on panoplyhealth.co.uk without notice or your permission. Any information obtained by monitoring, reviewing, or recording activity on panoplyhealth.co.uk is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on panoplyhealth.co.uk. Panoply will also comply with all court orders involving requests for such information.
13. Events Beyond Panoply’s Control
You expressly absolve and release Panoply from any claim of harm resulting from a cause beyond Panoply’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions.
14. Disclaimer of Warranties; Indemnification of Panoply
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
YOUR USE OF panoplyhealth.co.uk IS AT YOUR OWN RISK. panoplyhealth.co.uk IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Panoply DISCLAIMS ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF SERVICE AND WITHOUT LIMITATION DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW. Panoply MAKES NO WARRANTY THAT panoplyhealth.co.uk WILL MEET YOUR REQUIREMENTS, OR THAT panoplyhealth.co.uk WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER.
YOU MAY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL AND/OR DATA THROUGH THE USE OF panoplyhealth.co.uk AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH MATERIAL AND/OR DATA. Panoply DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH panoplyhealth.co.uk. Panoply IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. Panoply IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Panoply ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
15. Limitation of Liability
Panoply WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE panoplyhealth.co.uk; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Panoply HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of Panoply, its subsidiaries, affiliates, officers, directors and employees, and any third parties providing content on panoplyhealth.co.uk, including but not limited to Gold Standard Multimedia, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of panoplyhealth.co.uk.
Panoply may assign its rights and obligations under these Terms of Service at any time without notice to you.
18. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws provisions. Any action to enforce these Terms of Service will be brought in the federal or state courts in and for Commonwealth of Pennsylvania, and all parties to these Terms of Service expressly agree to be subject to the jurisdiction and venue of such courts.
19. International Applicability
Panoply is controlled by Panoply from its offices within the United States and operated on a worldwide basis by its local subsidiaries and branches. These Terms of Service have been drafted in line with the laws of the Commonwealth of Pennsylvania and the laws of England and Wales and Panoply makes no representation that the information and other materials on panoplyhealth.co.uk are appropriate or available for use in other locations, and access to them from any territory where any of the contents of panoplyhealth.co.uk are illegal is prohibited. Those who choose to access panoplyhealth.co.uk from other locations do so at their own risk and are responsible for compliance with applicable local laws.
20. Contact Information
Any questions regarding panoplyhealth.co.uk and any requests for additional information concerning Panoply and its products and services may be directed to Panoply at email@example.com.