OMS Terms of Use


1. Welcome

Welcome to oms-app.com (the "Site"), which is owned and operated by Oxford Medical Simulation Ltd of 10 Old Town Hall, 19 Spa Road, London, SE16 3SA ("OMS”). Please read these terms of use ("Terms") carefully. By accessing or using the Site, by using any interactive areas of the Site, by launching any simulation scenario ("Simulation") whether on-screen or in a virtual reality ("VR") device, or by uploading, submitting, browsing, or downloading any video, audio, images, text, or other content ("Content") to or from the Site, you agree to be bound by these Terms and all policies and guidelines we issue. If you do not agree to all of these Terms, do not use the Site or any of the interactive areas and do not access any VR content. The "Site" includes by definition, and these Terms apply to, the Site itself, and any mobile app, web pages, interactive features, Simulations, other applications, widgets, blogs, social networks, social network "tabs," or other online or wireless offerings that link to these Terms, whether accessed via computer, mobile device, VR device, or other technology, manner or means. The "Software" includes proprietary software applications, the Simulations, and user interfaces installation which is provided to the Client ("Client") to install on their own computing environment as per terms of the License Agreement agreed upon by the Client and OMS. Software provided by OMS may contain third-party components licensed to OMS.

These Terms apply exclusively to your access to, and use of, the Site, your use of the Interactive Areas, your use of Simulations, and your access and use of Content. However, these Terms do not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates ("Affiliates"), for products, services or otherwise. Your use of the Site, the Interactive Areas, and the Simulations, and your access and use of Content is subject to, and expressly conditioned upon your agreement to, these Terms. If you are using the Site or the Interactive Areas or are accessing and using Content on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity will be responsible for and indemnify us for violations of these Terms. If you violate the Terms, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

If you have any question regarding the use of the Site, please refer first to the FAQ posted on the Site. For all other questions or comments about the Site or its contents, please email support@oxfordmedicalsimulation.com


2. Update to Terms

We reserve the right to change or modify any of the terms of use contained in these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site or the access or use of any Simulations following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site, to understand the terms of use applicable to your use of the Site or your access and use of Simulations and Content. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site, features on the Site, the Interactive Areas, and the Simulations, and do not access or use any Content.


3. Privacy Policy

Please refer to the Site's Privacy Policy for information on how we collect, use, and disclose information from users of the Site. Your use of the Site signifies your acknowledgment of, and agreement to, the Privacy Policy. If you are a resident of any country outside the United States or the European Union you understand and agree that we store and process your personal information on computers located in the United States or the European Union, and that by providing any information to us, you consent to the transfer of such information to the United States or the European Union.


4. Electronic Communications

When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by: (a) email to your email address indicated in your communications with us, (b) posting general notices on the Site, or (c) posting messages that are displayed to you when you log in to or access the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


5. Access to the Site

Before you start using the Site or access any Interactive Areas, Simulations, or Content, you must complete the online registration process by providing accurate, current and complete information about you (the Registration Data), accept these Terms, and set a strong unique password to enable you to access your account. By completing the registration process, you represent that you are at least eighteen (18) years of age. You will be solely responsible for the safe custody of your log-in identification and password and to avoid its misuse by any third party. We do not guarantee the continued availability of the Site or your account to you. We reserve the right to deny your registration request or to terminate or suspend your account at any time, with or without any reason. In consideration of your use of the Site, you agree to (a) maintain the security of your password and identification; (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.


6. Copyright and Limited License

Unless otherwise indicated in the Site and Software, the Site, the Simulations, and all content and other materials on the Site and Software, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, Content, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are our property or that of our Affiliates, licensors or users and are protected by copyright. You may not remove any notices or credits posted on the Site, or any additional information contained along with any such notices and credits.

We grant you a limited, non-sublicensable and non-exclusive license to access and make use of the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site for your informational, non-commercial and personal use only, solely in accordance with, and subject to, these Terms and any other agreement you may enter into with us or any of our Affiliates. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms: (a) the collection, use, copying or distribution of any portion of the Site or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes.

Any use of the Site or of any Materials not owned by you, other than as specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate this license grant and constitute a breach of this license grant. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless otherwise expressly stated, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms) is otherwise deemed to be granted to you by operation of law or otherwise, you hereby irrevocably assign to us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by us at any time without any penalty.

Without our express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, or any pages or content available on the Site, for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site.


7. Copyright Complaints

It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please notify us through the process set forth below. If we determine, based on our sole discretion that you are a repeat offender under the U.S. DMCA or other relevant copyright protection legislation, all your content will be removed, and we reserve the right to take whatever other actions we deem necessary, including notifying the appropriate government authorities. We may at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of our intellectual property rights or those of others (including, but not limited to, our Affiliates), whether or not there is any repeat infringement.

WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT MUST BE SUBMITTED TO THE DESIGNATED AGENT NAMED BELOW. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF THE ACT.

Designated to Receive Notification of Claimed Infringement:

Name: Michael Wallace, CEOAddress: 10 Old Town Hall, 19 Spa Road, London, SE16 3SA, United KingdomE-mail: michael@oxfordmedicalsimulation.com

Note: any email notifications should include "notice of alleged service provider infringement" in the subject line of the email.

Such notice must include the following information:

Once proper notice is given, we will take the material down. A party whose material was removed improperly may send counter notice to the above-referenced address. Counter-notice must including the following:


8. Trademarks

Oxford Medical Simulation, OMS, the Oxford Medical Simulation logo, and all other of our products and service names, logos and slogans contained in or displayed the Site are our (or our supplier's and licensor's) trademarks or service marks and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent. You may not use any metatags or any other hidden text utilizing OMS or any other of our names, trademarks, service marks or products or service names, without our prior written consent or the applicable trademark holder's. In addition, the look and feel of the Site, including, but not limited to, all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed on the Site are the property of us or their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You understand that any consent required of us under these Terms may be withheld by us in our sole discretion, without or without any reason.


10. Third Party Sites

We may host or provide links to products, Web pages, Websites and other content of third parties (Third Party Sites). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Website or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Site.


11. Advertisements and Promotions; Third Party Products and Services

We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.


12. User Content and Interactive Services or Areas

The Site includes (or may include in future) content hosting and storage services, discussion forums, user generated content or other interactive areas or services (collectively, Interactive Areas), including, but not limited to, galleries, forums, chat rooms, blogs, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (collectively, User Content). You are solely responsible for your use of and access to the Interactive Areas and you will use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Although we prohibit certain activities in these Terms, we do not control and take no responsibility or liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by use of the Site, including the Interactive Areas. Your use of the Site and the Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users in any public gallery, forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any User Content posted in any Interactive Areas.

Judgments as to the acceptability of User Content are at our sole discretion, and we reserve the right, and have absolute discretion, to remove, screen or edit the Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

You understand and acknowledge that any User Content contained in public postings, including, but not limited to, any portions of the Site that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other Websites and in search engine results. Therefore, you should be careful about the nature of the Content you post. We will not be responsible or liable for any third party access to or use of the User Content you post. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If you post User Content to the Site, unless we indicate otherwise, you grant us and our Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant us and our Affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted User Content. our right to disclose any such information shall govern over any terms of the Privacy Policy.


13. Your Submissions

By posting any content on the Site, you represent, warrant, and promise to us that you have provided notice as required under applicable law and obtained all consents, releases and licenses from any and all persons and entities that appear in any content you post, or that have any interest in any content you post. We shall not be responsible for obtaining any permissions, releases, licenses, or consents for any content you post to the Site.

By posting any content on the Site, you grant us a perpetual, non-exclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display such content on the Site, including, but not limited to, the right to use the name that is submitted in connection with such content. You further understand and agree that, in order to help ensure smooth operation of the Site, we may keep backup copies of such content indefinitely. Notwithstanding the foregoing, you acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by you in the form of email or other submissions to us or otherwise posted on the Site will become our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to You. By making such submissions, you acknowledge and agree that: (a) your submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions; (c) we will be entitled to use or disclose (or choose not to use or disclose) any submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the submissions already under consideration or in development; (e) your submissions automatically become our property without our obligation to you; and (f) we may, but are not obligated to, review or monitor areas on the Site where users may transmit or post communications.


14. Health and Safety

Prior to launching any simulations you undertake to review the OMS User Health and Safety Policy posted on the Site and to comply with its stipulations.


15. DISCLAIMER OF WARRANTIES

THE SITE, THE MATERIALS, THE SIMULATIONS, THE CONTENT, AND OTHER INFORMATION AVAILABLE ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE SIMULATIONS) IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE - REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE SIMULATIONS).


16. LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE CONTENT OR OTHER INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF USE FOR ANY CLAIMS IS LIMITED TO THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SITE, THE MATERIALS, AND/OR THE CONTENT AT ISSUE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


17. Disclaimer of Tort Liability

The foregoing warranties and remedies are EXCLUSIVE and you waive and release all other warranties, obligations, and liabilities of us and all other remedies, claims, and rights that you may have relating in any way to the Site, the Materials, and the Content, whether arising from contract, warranty, strict liability or tort or from our negligence, tort or other fault, including, but not limited to, claims for loss of or damage resulting from the use or access to any Content.


18. Indemnification

You agree to indemnify, defend and hold us, our Affiliates, and our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the Indemnified Parties) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities, losses and expenses (including, but not limited to, penalties, fines, damage awards, settlement amounts, and reasonable attorneys' fees) brought against any Indemnified Parties, arising out of or relating to (a) your use of the Site, the Materials, or the Content (including, but not limited to, your use, installation or service of the Materials, or the Content); (b) your conduct; (c) your failure to perform your obligations under these Terms (including, but not limited to, your violation of these Terms); (d) any violation of applicable law, rules or regulations by you or your personnel; and/or (e) your violation of the rights of any third party.


19. Termination

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.


20. Miscellaneous

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. The application of the Uniform Computer Information Transactions Act is expressly excluded. You will not assign any of your rights and obligations under these Terms without our prior written consent. Nothing in these Terms will restrict or limit any assignment by us of our rights or obligations herein to third parties, including, but not limited to, our Affiliates. If any provision of these Terms is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms.

By using the Site you confirm:
I HAVE READ AND AGREE to all of the terms in the Website Terms of Use.

I ACKNOWLEDGE AND AGREE that all Content submitted to the Site, including personal information, may be transferred to or accessed from the United States for processing by Kinosis Limited in accordance with the Site’s Privacy Policy.

I ACKNOWLEDGE AND AGREE that it is my responsibility to ensure that my submission of any Content to the Site complies with applicable laws, including any applicable requirements to provide notice to, or obtain valid consent from, data subjects for the transfer of personal information about them as described in the Site’s Privacy Policy.

YOU MAY REVOKE YOUR CONSENT TO HAVE YOUR PERSONAL INFORMATION TRANSFERRED TO THE UNITED STATES OR PROCESSED WITHIN OUR SYSTEMS. TO DO SO, PLEASE CONTACT US VIA THE EMAIL ADDRESS NOTED AND INDICATE THAT YOU CHOOSE TO REVOKE YOUR CONSENT.


END OF DOCUMENT
Last Updated: November 2018