Last Revised: May 1 2017
Telesofia Medical Ltd. ("Telesofia", "we", "our", or the "Company") welcomes you ("User", "you") to our drug, and medical procedures information services available to you at http://www.myrx.tv , http://www.telesofia.com, and http://tsm.io or any subdomain thereof (the "Site(s)") or provided to you directly from your qualified healthcare professional. We provide videos about medication and medical procedures for pharmaceutical companies, healthcare providers, developers and patients (the "Services"). Users may use the Site and Services in accordance with the terms and conditions hereunder.
The Service is not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 4 below).
Telesofia may offer from time to time translated versions of the Services and the Terms. You are aware and agree that all non-English texts, which are provided in one of the Services or in connection with the documents relating to the Service is a translation from English, which is provided for convenience only. The translated text may be incomplete or inaccurate. We do not warrant or guarantee the accuracy, correctness or completeness of the translation. In case of contradiction between the translated text and the original English version, the English text shall prevail.
Telesofia provides medical procedures and drug information services that consist of short educational video clips and information about medications and medical procedures for healthcare providers, developers and patients. The information in our videos is mainly based on label information submitted to the FDA by pharmaceutical corporations or alternatively, when a video is provided to you by a qualified healthcare professional or specific pharmaceutical company, the information in such videos or any part thereof may be based on information provided by such pharmaceutical company or qualified healthcare professional.
How does it work?
USERS WHO WISH TO USE OUR DEVELOPERS SERVICES ARE COMMITTED TO DISCLOSE TO THEIR WEBSITE'S END USERS THE MAIN OBLIGATIONS, RESTRICTIONS AND DISCLAIMERS SPECIFIED UNDER THESE TERMS (INCLUDING WITHOUT LIMITATION SECTIONS 3, 4, 7, 8, 12, 13, 14 AND 15, MUTATIS MUTANDIS) AND HAVE THEM AGREE TO SUCH TERMS.
In order to receive our API Service you must sign our Statement of Work ("SOW"). For more information regarding the use of our Developers Services please contact us by one of the contact means available on our Site.
The "Patients Services" and the "Developers Services" shall collectively be referred to as the "Services".
TELESOFIA HOPES TO OFFER A SIMPLER FORM OF CONVEYING THE INFORMATION REGARDING MEDICATIONS AND CERTAIN MEDICAL PROCEDURES. THE VIDEOS, THE SITE AND THE CONTENT THEREIN ARE PROVIDED FOR GENERAL KNOWLEDGE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE, DIAGNOSIS, TREATMENT OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. IN CASE OF MEDICAL PROCEDURES INFORMATION VIDEOS OR MEDICATION VIDEOS WHICH ARE PROVIDED TO YOU BY YOUR LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PROFESSIONAL, THE VIDEOS AND CONTENT THEREIN DO NOT REPLACE ANY WRITTEN OR ORAL INFORMATION PROVIDED TO YOU BY SUCH LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PROFESSIONAL AND DO NOT REPLACE THE NEED OF YOUR INFORMED CONSENT WHERE SUCH IS REQUIRED BY LAW OR YOUR PHYSICIAN. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. TELESOFIA DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE RECOMMEND OR ASSUME IN ANY MANNER ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE NOR DOES TELESOFIA ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF OUR SITE, THE VIDEOS AND/OR SERVICES AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE.
TELESOFIA IS NOT AFFILIATED, ASSOCIATED WITH, SPONSORED BY OR ENDORSED IN ANY MANNER BY THE FOOD AND DRUG ADMINISTRATION ("FDA") OR ANY SPECIFIC PHARMACEUTICAL CORPORATION. ALL THIRD PARTY LOGOS, TRADEMARKS, BRAND NAMES AND IMAGES CONTAINED ON THE SITE ARE FOR DEMONSTRATION PURPOSES ONLY AND ARE OWNED BY THEIR RESPECTIVE RIGHTS HOLDERS.
THE CONTENT ON OUR SITE (INCLUDING BUT NOT LIMITED TO OUR VIDEOS) IS MAINLY BASED ON LABEL INFORMATION SUBMITTED TO THE FDA BY PHARMACEUTICAL CORPORATIONS. THE INFORMATION ABOUT MEDICAL PROCEDURES PROVIDED TO YOU IN ANY SPECIFIC VIDEO BY ANY SPECIFIC MEDICAL FACILITY IS BASED ON THE INFORMATION PROVIDED TO TELESOFIA BY SUCH MEDICAL FACILITY. VIDEOS PREPARED FOR SPECIFIC PHARMACEUTICAL COMPANIES ARE BASED ON THE INFORMATION PROVIDED BY SUCH PHARMACEUTICAL COMPANIES AND ON APPLICABLE LABEL INFORMATION. TELESOFIA IS NOT RESPONSIBLE FOR THE ACCURACY OR THE RELIABILITY OF SUCH CONTENT.
ANY USE OF THE CONTENT ON THE SITE AND SERVICES (INCLUDING BUT NOT LIMITED TO OUR VIDEOS) IS AT YOUR SOLE AND EXCLUSIVE RISK (OR, AS APPLICABLE, YOUR WEBSITE'S END-USER'S SOLE AND EXCLUSIVE RISK).
There are certain conducts which are strictly prohibited when using the Services and/or the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Telesofia's sole discretion) in the termination of your access to the Services and/or Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf, unless expressly permitted under these Terms: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, in any way, any portion of the content made accessible through our Site or Services including any content, information, videos, texts, graphics or software programs used by Telesofia in connection with the Site and/or our Services, materials, descriptions and data obtained from or through our Site and/or Services, as well as any information relating to our Videos (the "Content") or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use our Content, other than as permitted under these Terms; (ii) make any use of our Content on any other website or networked computer environment for any purpose, replicate, or copy the Content without Telesofia’s prior written consent; (iii) create a browser or border environment around our Content (no frames or inline linking is allowed); (iv) interfere with or violate any other User's right to privacy or other rights, harvest or collect personally identifiable information about Users of the Services and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device, process to retrieve, index, or data-mine and you may not engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Service and/or the Site; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including Users; (vi) transmit or otherwise make available in connection with our Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, including any actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Services and/or Site, or the servers or networks that host the Services and/or Site or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes, any use of or access to the Services and/or Content of this Site and may not provide our Content to a third party by form of reselling, licensing, transferring, redistributing, assigning, mirroring or displaying; (ix) frame or mirror any part of this Site without Telesofia's prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from this Site; (xi) forward any data generated from the Services and/or Site without the prior written consent of Telesofia; (xii) use the Services and/or Site for any illegal, immoral or unauthorized purposes; (xiii) use the Services and/or Site and/or Content for non-personal or commercial purposes without Telesofia's express prior written consent; (xiv) remove, or disassociate, from the Content any disclaimers, copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (xv) interfere with or disrupt the operation of this Site and/or the Service, or the servers or networks that host the Site and/or the Service or make our Site and/or Services available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers, or networks; or (xvi) impersonate any person or entity, including, but not limited to, any Telesofia agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Telesofia endorses you, your website, your business or any statement you make, or present false information about the Service, or the Site on any other website; (xvii) infringe or violate any of our Terms; (xviii) circumvent any of our technical limitations in the Site and/or Services to enable features or functions that are otherwise disabled, inaccessible or unavailable to you; and/or (xix) access the Site and/or Services in order to develop a similar or competitive product or service.
Using the Developers Services require you to open an account (the "Account"). Registration can be done by completing the registration form on the Site. You must safeguard and not disclose your Account's username, password API key and other private credentials and you must supervise the use of your Account. You must provide accurate and complete information for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for any activities that occur under your Account.
If you wish to terminate your Account you can contact us using one of the contact means available on our Site.
Telesofia hereby grants to Users who wish to use our Services a worldwide, personal, nonexclusive, non-commercial, non-sublicensable, non-assignable and fully revocable limited license to use the Patients Services in accordance with the conditions contained in these Terms.
Telesofia hereby grants to Users who wish to use our Developers Services a worldwide, nonexclusive, commercial, non-sublicensable, non-assignable and fully revocable limited license to use our Developers Services on your website solely for the limited purpose of displaying and making available our Content to your website's end-users for their own private and personal use, all in accordance with the conditions contained in these Terms.
The Services, the Site, the Content (including but not limited to the Videos) and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, videos, designs (including the "look and feel" of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to Telesofia and are subject to copyright and other applicable intellectual property rights under US laws, Israel laws, foreign laws and international conventions.
You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Telesofia's proprietary rights, including Telesofia's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
"Telesofia", "Telesofia Medical", "myRx.TV", Company's marks and logos and all other proprietary identifiers used by the Company in connection with Telesofia ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, brand names, images, trade names and logos which may appear on the Site belong to their respective owners ("Third Party Marks") and are for demonstration purposes only. No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks and/or the Third Party Marks and therefore you will avoid using any of those marks, except as permitted under these Terms.
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website by Telesofia, and does not portray Telesofia in a false or otherwise offensive manner. We do not permit framing, deep linking or inline linking unless permitted herein in order to use our Services.
The Service’s and Site's availability and functionality depend on various factors, such as communication networks. Telesofia does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Telesofia reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Telesofia shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site and/or any Content included in this Site.
TELESOFIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES AND/OR THE CONTENT AVAILABLE ON THE SITE.
THE SERVICES, SITE AND THE CONTENT THEREIN ARE PROVIDED FOR GENERAL KNOWLEDGE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE, DIAGNOSIS, TREATMENT OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU (OR AS APPLICABLE, YOUR WEBSITE'S END-USERS) SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR (OR AS APPLICABLE, YOUR WEBSITE'S END-USER'S) INDIVIDUAL CIRCUMSTANCES. TELESOFIA DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE RECOMMEND OR ASSUME IN ANY MANNER ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE, SERVICES OR VIDEOS (WHETHER PERSONALIZED AS DESCRIBED ABOVE OR VIEWED IN A GENERAL FORMAT) NOR DOES TELESOFIA ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF OUR SITE, THE VIDEOS AND/OR SERVICES AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE. TELESOFIA IS NOT AFFILIATED, ASSOCIATED WITH, SPONSORED BY OR ENDORSED IN ANY MANNER BY THE FDA OR ANY SPECIFIC PHARMACEUTICAL CORPORATION.
THE CONTENT AND SERVICES AVAILABLE ON THIS SITE, VIDEOS OR SERVICES, MAY INCLUDE INACCURACIES OR ERRORS. TELESOFIA DOES NOT GUARANTEE THE ACCURACY AND/OR RELIABILITY OF SUCH CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT AND THE SERVICES. TELESOFIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT AND/OR SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OF ANY VIDEO ON THE SITE OR PROVISION OF ANY MEDICAL PROCEDURE INFORMATION VIDEO DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF ANY PHARMACEUTICAL MEDICATION OR ANY MEDICAL PROCEDURE.
THE SERVICES, THE SITE, THE WIDGET, THE API SERVICES AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO THE VIDEOS) ARE ALL PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF SERVICE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
TELESOFIA DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT AND THE USE OF THE SITE AND/OR THE SERVICES. THE USE OF THE SERVICES, THE SITE AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK (OR, AS APPLICABLE, YOUR WEBSITE'S END-USER'S SOLE AND EXCLUSIVE RISK) AND TELESOFIA SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
TELESOFIA DOES NOT WARRANT THAT THE OPERATION OF THE SITE AND/OR SERVICES ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE, THE SERVICES AND/OR THE CONTENT ARE ENTIRELY AT YOUR SOLE AND EXCLUSIVE RISK (OR, AS APPLICABLE, YOUR WEBSITE'S END-USER'S SOLE AND EXCLUSIVE RISK).
IN NO EVENT SHALL TELESOFIA INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT AND/OR THE SITE (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM YOUR RELIANCE UPON THE CONTENT APPEARING ON THIS SITE OR PROVIDED TO YOU BY ANY QUALIFIED HEALTHCARE PROFESSIONAL, ETC.), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICES, THE CONTENT AND/OR SITE, OR THE USE OR INABILITY TO USE THE SERVICES AND/OR SITE, OR FAILURE OF THE SERVICES AND/OR THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF TELESOFIA TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TELESOFIA BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TELESOFIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Telesofia (including its affiliates, subsidiaries, partners or licensors or any of their respective officers, directors, employees and/or agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Content, the Services and/or Site; (ii) your violation of any stipulation in these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site (including your violation of any law or the rights of third party); (iv) any claims for damages arising out of any decision made or action taken or not taken in reliance on the Content contained on the Site and/or Services; and/or (v) any claims from your website's end-users, if you chose to use our Developers Services, for damages arising out of their decision made or action taken or not taken in reliance on our Videos and/or Content which were displayed on your website.
Telesofia may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you provided us, if provided. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent by email. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
At any time, Telesofia may block your access to the Site and/or Services and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Telesofia under any applicable law. Such actions by Telesofia may be taken, inter alia, if Telesofia deems that you have breached any of these Terms in any manner. In addition, Telesofia reserves the right to charge fees for the use of this Site and/or Services.
Additionally, Telesofia may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, or delete any information from the Site without giving any prior notice. You agree and acknowledge that Telesofia does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and loss of any data. The provisions of the Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of these Terms.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site and/or the Services, or use of this Site and/or Services will be governed by and interpreted in accordance with the laws of the State of New-York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of New-York. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Telesofia's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Telesofia relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Telesofia, unless otherwise expressly agreed in writing between you and Telesofia. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions (or comments) concerning the Terms, you are welcome to send us an email via the contact means available on our Site.
© 2017, Telesofia Medical Ltd. All rights reserved.