These Terms of Use (“Terms”) apply to your use of the websites and other resources provided by FUJIFILM (China) Investment Co., Ltd. that are intended for use by healthcare professionals, which we refer to as the “LIFE World”, including the information and services made available to users of the LIFE World such as medical news, reference content, clinical tools, applications, email communications, continuing medical education and discussion forums (collectively, the “Services"). You will always be able to view the most current version of these Terms by clicking on the Terms of Use link at the bottom of any page of a LIFE World property. Note that these Terms do not apply to our properties and services that display a link to different terms of use. In the event that we expand the LIFE World through our acquisition of another company and/or its properties, that company may operate its properties subject to its own terms of use accessible via a link on such properties until we integrate its practices with ours, at which point a link to these Terms will be displayed on its properties. By using the Services, you agree to these Terms, whether or not you are a registered member of the LIFE World. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all of these Terms of Use, do not use the Services!
You must register an account with the LIFE World to access all of the Services. Registration requires you to provide us with your name, email address, specialty and other information specified in the registration form ("Registration Information"), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. You are solely responsible for maintaining the confidentiality and security of your LIFE World account username and password and you may not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us and we will assist you. We shall have no liability for any unauthorized access to or use of your account information.
The Services are intended for endoscopist and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.
The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession.
Notwithstanding anything stated herein, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation or warranty as to the legal compliance of the Services or the LIFE World Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the LIFE World Content. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the LIFE World, the Services and the LIFE World Content to any person, geographic area or jurisdiction we so desire.
If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, ("LIFE World Content") solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, LIFE World Content, or LIFE World properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.
The LIFE World may contain links to third-party websites or resources which are not part of the LIFE World. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the LIFE World of third party resources, including links to third party websites, does not imply our endorsement of these resources.
You agree that you will not engage in any of the following activities in connection with your use of the Services:
1.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
2.Use, display, mirror or frame a LIFE World Site or any component thereof, or LW or LIFE World's trademark, logo or other proprietary information, without the written consent of LIFE World, as applicable;
3.Remove any copyright, trademark or other proprietary rights notices contained within the LIFE World, including those of LW or LIFE World and any of their respective licensors;
4.Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by LW or LIFE World, as applicable;
5.Attempt to circumvent any protective technological measure associated with the Services;
6.Attempt to access or search any LIFE World properties or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
7.Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
8.Impersonate or misrepresent your affiliation with another person or entity;
9.Harvest or otherwise collect information about others, including email addresses;
10.Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
11.Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a LIFE World Site;
12.Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or
13.Use any LIFE World property, the Services or any LIFE World Content in any manner not permitted by these Terms.
We may (but are not obligated to) do any or all of the following without notice:
1.Record or pre-screen User Content submissions to public areas within the LIFE World;
2.Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
3.Remove User Content which we believe does not comply with these Terms of Use;
4.Terminate your access to the LIFE World upon our determination that you have violated these Terms of Use; and
5.Edit LIFE World Content.
Certain Services enable users to submit content which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data and sound ("User Content"). User Content does not include Registration Information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the LIFE World for any purpose that is consistent with the LIFE World Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content as specified in these Terms.
You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.
You agree that you will not use the Services to make available User Content that:
1.you do not have the right to make available under any contractual or fiduciary agreement or law;
2.infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
3.results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws;
4.is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
5.promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6.promotes illegal activity;
7.is fraudulent, false, misleading or deceptive;
8.constitutes an advertisement or solicitation of business; or
9.contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
You acknowledge and agree that the LIFE World and any software used in connection with the LIFE World ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the LIFE World Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or "scrape" for commercial or any other purpose, the LIFE World, the LIFE World Content or the Software, in whole or in part. Any use of the LIFE World or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties' intellectual property rights.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
The LIFE World Privacy Policy provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms.
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.
THE LIFE WORLD, PROPERTIES, SERVICES, AND LIFE WORLD CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE LIFE WORLD, SERVICES OR LIFE WORLD CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LIFE WORLD. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE LIFE WORLD NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
In no event will any of us or our respective directors, officers, employees, contractors, agents, sponsors, licensors or any other person or entity involved in creating, developing or delivering the LIFE World, the Services or the LIFE World Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the LIFE World, the Services or the LIFE World Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the LIFE World, the Services and the LIFE World Content or your violation of these Terms.
We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, the LIFE World Content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the LIFE World. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the LIFE World and the Services.
Except as expressly provided in a particular "legal notice" on the website, these Terms (including the LIFE World Privacy Policy) constitute the entire agreement between you, LW and LIFE World with respect to your use (and prior use) of the LIFE World and the associated Services and LIFE World Content.
These Terms constitute the entire and exclusive understanding and agreement between LW, LIFE World and you regarding LIFE World and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between LW, LIFE World and you regarding the LIFE World and the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Further, any of us may exercise the rights described in these Terms.
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the LIFE World. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
All provisions of these Terms shall survive termination of your LIFE World account except for your license to access and use the Services and the LIFE World Content.
If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at ffcn.memd@fujifilm.com. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.
Last updated: Apr 30, 2020.
This Privacy Policy describes the privacy practices of FUJIFILM (China) Investment Co., Ltd. (referred to collectively as “LIFE World,” “us,” “we” and “our”) in relation to your use of our websites and other resources intended for use by healthcare professionals and which we refer to as the “LIFE World,” including the information and services made available to users of the LIFE World, such as medical news, reference content, clinical tools, applications, email communications, continuing medical education and discussion forums (collectively, the “Services”).
This Privacy Policy does not apply to our properties and services that display a link to a different privacy policy. In the event that we expand the LIFE World through our acquisition of another company and/or its properties, that company may operate under its own privacy policy accessible via a link on its properties until we integrate its privacy practices with ours, at which point a link to this Privacy Policy will be displayed on its properties.
We provide the Services as a professional resource intended to support healthcare professionals in their
efforts to provide high quality medical care to patients. You can choose whether or not you want to use
the Services. If you do choose to use the Services, you must agree to the LIFE World Terms of Use which
is a contract between us and users of the Services. By agreeing to the LIFE World Terms of Use, you
confirm that you have read and understand this Privacy Policy which explains how we collect, disclose,
transfer, secure and use information about you in connection with your use of the Services and the
rights and choices you have regarding these activities. If you do not want us to collect and use
information about you as described in this Privacy Policy, then you should not use the Services. By
using the Services, you acknowledge that we will store, use and otherwise process your information in
China and any other country from where the applicable LIFE World property is operated. Please be aware
that the privacy laws and standards in certain countries may differ from those that apply in the country
in which you reside. Unless otherwise specified herein or on the property from which you have accessed
this Privacy Policy, FUJIFILM (China) Investment Co., Ltd. is the controller of the personal information
that we collect about you as described in this Privacy Policy.
Information about your use of the Services is collected as follows:
• Registration. In order to use the Services, you may be required to register an account and provide certain personal information such as your name, email address, specialty and depending on your country of practice, your medical license number or equivalent. You may choose to update or supplement the personal information that you provided at registration at any time through your account settings or by contacting LIFE World Customer Service.
• Services Information. We automatically collect and store information about your use of the Services, whether you opened a particular email, clicked on a link, your search queries and how often and when you engage with the Services. We also collect information about your device when you access the Services including IP address, browser information (including referring URL), cookie information and advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device). We use cookies and other tracking technologies, such as pixels and tags to collect the information about your use of the Services and your device.
• Market Research. You may be invited to participate in market research surveys conducted by us or on our behalf for our own internal business purposes. For some surveys, you may be asked to provide personal information for re-contact (e.g., by e-mail or phone) or payment fulfillment purposes.
• Public Forums. When you post a comment on a discussion board, by default your username, specialty and degree will be displayed within the forum along with your comment. You may choose to display additional information in your public forum profile, including a photo, by adjusting your discussion profile settings.
• Information and Registration Forms. From time to time we may offer you the opportunity to receive additional information or services from us, including to register to attend live events, either in-person or via livestream. If you wish to participate in such opportunities, you may be asked to provide personal information to fulfill the request. Unless otherwise specified in the request form, we may use such information as described in this Privacy Policy, if applicable, will be required to use such personal information as described at the point of collection.
• Information from Third Party Sources. We may obtain additional information about you from third party sources to assist us in providing the Services. For example, we may use third party information to verify and update your registration information, for research purposes or to personalize the Services.
• Non-registered Users. You must register with the LIFE World to access all of the Services, however, you may be able to access certain limited Services without registering. Even if you have not registered, we collect information about your use of the Services through the use of cookies and other tracking technologies. The information we collect includes the referring website, if applicable, the type of browser you use, the material viewed, and the time and date that you accessed the Services.
Information about you may be used for the following purposes:
• Provision of the Services. We may use the information collected about you to provide and improve the Services, and to develop new Services.
• Member Profiles. We may associate information that we have collected about your use of the Services with your registration information and any other information we have about you, as described in this Privacy Policy, thereby creating a profile of you that we may update from time to time ("Member Profile").
• Communications. By registering as a member of the LIFE World, you agree to the use of your registration information and other information collected about you as described in this Privacy Policy to communicate with you about the Services and other information that may be of interest to you. These communications may be conveyed through a variety of channels, subject to applicable law.
• Verification Purposes. We may use your information in conjunction with information from third parties to recognize you as a registered member when you visit one of our properties and to verify your identity and/or professional credentials. We may require you to provide proof of your identity, including that you are a healthcare professional, and if you are unable to do so to our reasonable satisfaction, we reserve the right to deny you access to the Services. While we take steps to verify that our members who identify as healthcare professionals are actually healthcare professionals, we make no guarantee as to their identity, professional credentials or licensure status.
• Account Management. We may use your information to administer your account, respond to your inquiries, fulfill your requests and send you administrative communications about the Services.
• Investigations. We may use your information to detect, investigate and defend against
fraudulent or unlawful activity, violations of the LIFE World Terms of Use and to otherwise establish,
exercise and defend our legal rights.
We have implemented appropriate technical and organizational security measures to protect the personal
information that we have under our control from unauthorized access, use, disclosure and accidental
loss. When you enter personal information, we encrypt the transmission of that information or use SSL
connections (Secure Socket Layer) technology. You are solely responsible for maintaining the security
and confidentiality of your account username and password. Unfortunately, no method of transmission over
the internet or method of electronic storage is completely secure. Therefore, while we strive to protect
your personal information, we cannot guarantee its absolute security.
• Account Information. You may update your registration information at any time through the Account Management feature available on each of our properties. You may also contact Customer Support at ffcn.memd@fujifilm.com and request that your registration information be updated or deleted. Note that if we delete your account, we may maintain certain de-identified information about you for internal business purposes including research, analytics and reporting.
• Cookies. Most browser software can be set to reject all cookies, however, if you
choose to reject our cookies, your ability to access and use the Services will be limited.
LIFE World and most of our group companies are located in China, as is a majority of the LIFE World’s technical infrastructure including its data hosting facilities. In order to provide the Services to you, we likely will transfer your personal information outside of your country of residence including to China where it will be stored and processed in accordance with this Privacy Policy. We may transfer your information outside China to service providers with operations in other countries. By using the Services, you consent to such collection, storage and processing in China and elsewhere, though China and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your personal information. Note that your personal information may be available to Chinese government or its agencies under legal process made in China.
If you have general questions about your account, or the Services, or Privacy Policy, please contact our email at ffcn.memd@fujifilm.com .
Please note that if you contact us to assist you, we may need to verify your identity before fulfilling your request.
Effective date: Apr 30, 2020
