TERMS OF IMAGE USE ON THE WWW.ORTHORESULTS.COM WEBSITE

The following are terms of uploading the images and/or using the uploaded images on the www.orthoresults.com website (hereinafter referred to as “the Website”). By accepting the terms of the Agreement below, you are stating that you agree to be bound by all terms without modification, conditions, or notices.

1. General Terms of Use

1. You are responsible for uploading and using the images on the Website in a lawful and proper manner, i.e. you should not violate, plagiarise, or infringe the rights of any third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights, and that you meet the following minimum requirement whenever you upload the images, i.e.:
   1. You own all rights to the image or you can prove that the image is in the public domain, i.e. free of all copyrights, or the copyright holder has released the image under an acceptable free license; always note the image's copyright status on the image description page and provide specific details about the image's origin, i.e.:
      
      1. who or what law or policy gives permission to post on the Website with the selected image copyright tag;
      2. the original creator of the image (especially if different from the copyright holder),
      3. the copyright holder of the image (except for the images free of all copyrights),
      4. the subject of the image (when the subject’s consent to disclose his or her name has been received),
   2. For uploading the pictures with the identifiable people (i.e. patients), the prior and proper person's written consent or the consent of a parent or guardian if the person is under 16 years of age has been received (e.g. a modal release) whether or not the person is named and no matter what is stated in the laws of a particular country;  if you upload a self-portrait, your consent is presumed; in cases when identifying features are blurred, pixelated, or obscured so that the person is no longer identifiable or the person's face is not visible no such consent shall be required;
   3. The images are directly and closely linked to the content and purpose of the Website and necessary to illustrate the text of the article or other information published by you; they should be relevant and increase readers' understanding of the subject matter and should depict the concepts described in the certain text;
   4. The images may contain solely the person’s face or necessary portions thereof, also collages and montages thereof illustrating multiple closely related concepts, where overlapping or similar careful placement of component images is necessary to illustrate a certain point; all other unrelated information should be voided in the images, e.g. other persons, trademarked logos, other copyrighted works, etc.;
   5. The images should not be watermarked, distorted, have any credits in the image itself or anything else that would hamper their uploading and/or use on the Website;
   6. The images should not contain any text in any language;
   7. Shocking or explicit pictures, also pictures that constitute defamation, infringe personality and privacy rights or those that otherwise unfairly demean, or ridicule the person, are unfairly obtained or unreasonably intrude into the person's private or family life should not be used on the Website.
2. The Website is not liable for any damage or loss due to unlawful and/or unfair uploading or use of the images resulting from the violation of the requirements stated in Article 1 herein or any other actions performed by you;
3. You may not upload and/or use the images for any illegal activity, to violate laws in your own jurisdiction and/or distribute malicious content or unauthorized information, also in any other way that might bring the Website into disrepute.
4. It is your responsibility to secure any permission or consent required for the images uploading and use on the Website and that your images are in no way unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable. Therefore any abuse of the images on the Website may result in immediate deletion of the particular images or your account termination at any time in sole discretion of the Website.
5. The Website makes reasonable efforts to protect its own rights and the rights of others. If you believe that uploading or any other use of the images (including editorial or descriptive text, footage or any other media related to them) on the Website infringes yours or someone else’s rights, please contact us, providing the information requested below:

1. your contact details,
2. nature of the complaint,
3. the full web address of where you found the material,
4. proof that you or other person is the rights holder and that these rights are infringed.

This statement does not obligate the Website to respond to all complaints or other correspondence received about alleged unauthorised use of third party rights. However, the Website will respond to and take any action it considers necessary in respect of all genuine and evidenced complaints or other correspondence received about all such alleged unauthorised use of third party rights.

6. If you do not want to be bound by the terms of this Agreement and provide warranties set out above, please do not upload any images on the Website.

2. Liability

1. To the extent permitted by law, the Website excludes all conditions, warranties, representations or other terms which may apply to the Website or any image, whether express or implied. We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your uploading and/or use of, or inability to upload and/or use, images on the Website provided that nothing in this Agreement shall restrict or exclude any liability that the Website has to any party which cannot be excluded by law.
2. The Website assumes no responsibility for the images, uploaded by you, and any content related to them. The Website shall not be liable for any loss or damage that may arise from your uploading and/or use of the images.
3. You agree to indemnify the Website for any loss or damage suffered by the Website (whether direct or indirect) as a result of a breach of this Agreement.

3. Breach of this Agreement

In the event of any identified breach of this Agreement (involving the misuse of images and/or the Website otherwise), the Website may take appropriate action to constrain further use of the Website and/or to seek financial recompense.

4. No Waiver

No failure by the Website to exercise or enforce any of its rights under this Agreement will be deemed to be a waiver of such rights or a bar to their exercise or enforcement in the future.

5. Data Protection

The Website will keep a record of any information you provide about yourself and your images for rights management and enforcement purposes but, except for such purposes, will not provide that information to any third party and will otherwise comply with all applicable laws. By using the Website, you consent to such record keeping and you warrant that all data provided by you is accurate.

6. Law and Jurisdiction

1. The Lithuanian courts will have exclusive jurisdiction over any claim arising from, or related to this Agreement, although the Website retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.  
2. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Lithuania.

7. Variations

The Website may revise this Agreement at any time. You are expected to check this Agreement from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on the Website.

8. Enquiries

To contact the Website about the image uploading and/or use, please email info@orthoresults.com. In particular, we welcome your feedback about the Website services. Please email your comments and other feedback to info@orthoresults.com.

9. Refund Policy

Our services are non-refundable.

This Agreement was last updated on 7 August 2015.