Acceptable Use Policy

The pages on the Creo Pioneers Community website and the Creo Pioneers Connected Community app are published by Higher Logic, LLC ("Higher Logic"), a Delaware limited liability company, on behalf of Creo Medical Limited, a company registered in England and Wales with a company registration number 04658880, whose registered address is at Creo House, Unit 2, Beaufort Park Way, Chepstow, Gwent, NP16 5UH and its affiliates ("Creo Medical") (collectively referred to as "we", "us" or "our"). All references in this policy to the "website" refer to the Creo Pioneers Community website at www.creopioneers.com and all references in this policy to the "app" refer to the Creo Pioneers Connected Community app (collectively referred to as the "Platform").

Please read the terms of this policy carefully as by using the Platform you agree to be bound by them.

From time to time we may automatically update the Platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform.

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will let you know about any change by sending you a notification via the Platform with details of the change, or by sending an email to the email address you used to register for the Platform. If you do not accept the notified changes you should not continue to use the Platform.

Overview
The acceptable use policy is intended to provide a friendly and supportive environment where you can share your experience and expertise in using the products of Creo Medical. This policy sets out the standards of use that apply when you upload content to our Platform, make contact with other users on our Platform or interact with our Platform in any other way.

The views expressed on the Platform belong solely to the respective authors and do not necessarily reflect our views.

You acknowledge that Creo Medical may have legal obligations to systematically collect, evaluate and to report adverse safety information, including your views posted on the Platform, to appropriate regulatory bodies such as the MHRA and the US Food and Drug Administration (FDA).
Operating system requirements
The app requires the operating system as specified by the application outlet (e.g. the Apple App Store or Google Play Store). The website requires an up-to-date Google Chrome (84 & above), Firefox (72.0 & above), Safari (El Capitan or above) or Edge (1.2.0 & above) browser.
Appstore's terms may also apply
The ways in which you can use the app may also be controlled by the rules and policies of the application outlet (e.g. the Apple App Store or Google Play Store) from which you downloaded the app. In such a case, those terms may apply in addition to the terms of this policy. In the event of any conflict between the terms, the terms of this policy shall take precedence over the terms supplied by the applicable outlet.
Prohibited uses
1. By using our Platform, you agree not to use our Platform:
  1. in any way that breaches any applicable law or regulation;
  2. in any way that is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, insulting or libellous;
  3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
  4. to upload any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation including, without limitation, in relation to the Human Medicines Regulations, the Business Protection from Misleading Marketing Regulations, the Medicines and Medical Devices Act and the Health Insurance Portability and Accountability Act (HIPAA), or any other applicable laws or regulations in your country; or
  5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  6. to attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;
  7. to attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
2. You acknowledge that Creo Medical is not considered a business associate for the purposes of HIPAA.
3. You also agree:
  1. not to share your user account log-in details or passwords with any third party;
  2. to notify us if you know or suspect that anyone other than you has or is likely to access your user account;
  3. not to upload or disclose any patient personal data;
  4. not to upload or share any views or statements without the prior permission of your employer or which would be in breach of applicable clinical policies and patient rules;
  5. not to upload or share any views or statements which would breach any applicable clinical policies and/or patient rules;
  6. to use all Creo Medical products in accordance with the instructions for use provide by Creo Medical in the applicable country of use and in accordance with applicable local law and regulation;
  7. not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of these terms;
  8. not to engage in any commercial activity with other users on the Platform;
  9. to notify us if you think any content on the Platform is in contravention of our Content Standards or these terms;
  10. to notify us of any adverse events prior to uploading or Contributing (as defined below) anything to the Platform to enable us to take appropriate action;
  11. not to access without authority, interfere with, damage or disrupt:
    1. any part of our Platform;
    2. any equipment or network on which our Platform is stored;
    3. any software used in the provision of our Platform; or
    4. any equipment or network or software owned or used by any third party.
4. You acknowledge that laws and regulations vary from country to country, and that any discussions about the products on this Platform may not be applicable to, or reflect lawful use, in your country of use.
Interactive services
1. We provide interactive services on our Platform, including, without limitation:
  1. idea-sharing facilities;
  2. chat rooms;
  3. forums;
  4. surveys;
  5. images and videos;
  6. links to product literature;
  7. educational presentations; and
  8. FAQs.
  (together "interactive services").
2. Where we do provide any other interactive service, we will provide clear information to you about the kind of service offered and if it is moderated.
3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not. In the event that any inappropriate posting is brought to our attention, we shall take appropriate action in accordance with the terms of this policy.
4. You acknowledge that if you disclose any of your personal data when using the interactive services, this will be accessible to other users of the Platform. Please do not disclose any personal data that you do not want to be seen by other users of the Platform.
5. You acknowledge that there may be users with access to the Platform who are engaged and paid by Creo Medical and/or other third parties approved by Creo Medical to provide certain services in relation to the use and promotion of medical devices. Without limitation, such users are required to comply with the Human Medicines Regulations, the Business Protection from Misleading Marketing Regulations, the Medicines and Medical Devices Act and the Health Insurance Portability and Accountability Act (HIPAA) or any similar other applicable laws or regulations and disclose any conflicts of interest they may have in this regard when Contributing to the Platform. For the avoidance of doubt, any Contributions do not necessarily reflect the views of Creo Medical.
Content Standards
1. These Content Standards apply to any and all material which you contribute to our Platform ("Contribution"), and to any interactive services associated with it. The Content Standards must be complied with in by all users.
2. Creo Medical will determine, in its discretion, whether a Contribution breaches the Content Standards.
3. A Contribution must:
  1. be accurate (where it states facts);
  2. be genuinely held (where it states opinions); and
  3. comply with the law applicable in England and Wales and in any country from which it is posted.
4. A Contribution must not:
  1. be defamatory of any person;
  2. be obscene, offensive, hateful or inflammatory;
  3. bully, insult, intimidate or humiliate;
  4. promote violence;
  5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  6. infringe any copyright, database right trade mark or other proprietary right of any other person;
  7. be likely to deceive any person;
  8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  9. promote any illegal content or activity;
  10. be threatening, abuse or invade another's privacy;
  11. be likely to harass, upset, embarrass, alarm or annoy any other person;
  12. impersonate any person or misrepresent your identity or affiliation with any person;
  13. give the impression that the Contribution emanates from Creo Medical, if this is not the case;
  14. indicate that any Creo Medical products are cleared for use in a territory;
  15. advocate, promote, incite any party to commit, or assist any unlawful or criminal act; or
  16. contain any advertising or promote any products, services or websites of third parties.
Your privacy
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
Intellectual Property
1. Copyright in the design and architecture of the Platform is owned by Higher Logic. Creo Medical owns the copyright in any content published on the Platform except where otherwise indicated by a third party’s proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Platform as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
2. The rights in the Platform are licensed to you. You have no intellectual property rights in, or to, the Platform, or its content, other than the right to use them in accordance with these terms.
3. Any Contribution you submit on the Platform remains your property, but we will use your Contribution for the purposes described below.
4. When you upload or provide Contributions, you grant to us a perpetual, royalty-free, worldwide, non-exclusive right to use those Contributions, including the right to sub-license these rights to our suppliers, for the following purposes:
  1. to display and store the Contributions within the Platform; and
  2. to enhance the functionality and/or improve performance of the Platform.
5. You waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988) to allow the above uses.
Breach of this policy
1. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
2. Failure to comply with this acceptable use policy constitutes a material breach upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
  1. immediate, temporary or permanent withdrawal of your right to use our Platform;
  2. immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform;
  3. issue of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. further legal action against you; and/or
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
3. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Our liability to you
1. Information published by Higher Logic on the Platform is supplied by Creo Medical (excluding any Contributions) and, where indicated, by third parties approved by Creo Medical. Higher Logic and Creo Medical take every care and precaution to ensure that information published on the Platform is accurate when posted and regularly updated, but neither Higher Logic nor Creo Medical guarantees or can be held liable for its accuracy or timeliness. Higher Logic or Creo Medical may change the information at any time without notice. You must not rely on the information on this Platform and you acknowledge that you must take appropriate steps to verify this information before acting on it.
2. Creo Medical and Higher Logic provide the Platform on an 'as-is' basis, without warranties of any kind, either express or implied, as to the operation of the Platform, the accuracy of the information or the products or services referred to on the Platform (in so far as such warranties may be excluded under any relevant law) and to the extent permitted by law, neither Creo Medical or Higher Logic shall be liable for any losses or damage whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential, special or otherwise incidental that may result from use of the Platform howsoever arising.
3. Nothing in these terms excluded or limits out liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
4. Your use of Creo Medical products must be in accordance with the terms of use as agreed between you and Creo Medical in your jurisdiction. Creo Medical shall not be liable for your unauthorised use of Creo Medical's products as a result of acting on any advice or views expressed by other users on the Platform.
5. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.
6. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
General
1. We can transfer our rights and obligations under this acceptable use policy to any third party, provided this does not adversely affect your rights under this acceptable use policy.
2. The terms of this acceptable use policy, its subject matter and its formation are governed by the laws or England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction in any dispute.
3. To the extent that any part of this acceptable use policy is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to the extent be severed from the remaining terms all of which shall remain in full force as permitted by law.
4. To contact us, please email data@creomedical.com.