This pubthree™️ Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Silverback Communications Sdn Bhd (“pubthree,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Silverback Communications Sdn Bhd owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).

Acceptance

By creating an account, viewing videos, making a purchase or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement

Our Services

Subject to the terms hereof, we grant you access to our Services. This includes the right to:

• The right to view and share video content
• Make comments on the usefulness of the report in the clinical setting.
• Use all related functionality that we may provide.

Registration

The video content is available for both registered and unregistered users. Some of the video content is open and most is available only to registered Users (healthcare professionals). In order to view the video content with unlimited access, post and view comments, it is necessary to register as a healthcare professional (doctor, nurse, pharmacist, student etc.)

By registering and activating the Account, you consent to the processing of the e-mail address stated during registration for marketing and information purposes, and in particular consent to the obtaining of messages or information from pubthree™️ or other entities (with the our knowledge and express consent).

You shall provide  pubthree™️ will accurate, complete, and updated registration information. Failure to do so shall constitute a breach to these terms of agreement. 

Content

This Video Content reports findings of a clinical study compressed in a multimedia format for easy consumption and is solely intended for information and educational purpose and meant for all healthcare professionals.

You understand that you will be exposed to information form a variety of publishers and Silverback Communications Sdn. Bhd. (“Silverback”) or the sponsor do not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the Video Content. 

Code Of Conduct

In using our Services, you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity).
• Act in a deceptive manner or impersonate any person or organization.
• Harass or stalk any person.
• Is sexually explicit or promotes a sexual service.
• Is defamatory.
• Is harassing or abusive.
• Contains hateful or discriminatory speech.
• Promotes or supports terror or hate groups.
• Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms.
• Depicts or encourages self-harm or suicide.
• Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals.
• Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices.
• Contains false or misleading claims.
• Violates any applicable law.
• Distribute “spam” in any form or use misleading metadata.
• Collect personal information about others.
• Use or export any of our services in violation of any U.S. export control laws.
• Cause or encourage others to do any of the above.

Comments

Any opinions, statements, services, offers or other information or content expressed or made available in pubthree® by you or any third party are those of the respective author(s) and not of Silverback Communications Sdn Bhd. We are not responsible for the claims of external websites and education companies.

Force Majeure

Silverback Communications will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within our reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Silverback Communications Sdn Bhd shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.

Disclaimers and Warranties

Silverback Communications hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the “Services”, which is provided as is, and without warranties. For example, we do not make any commitment that the operation of the “Services” will be uninterrupted or error free; that any defects will be corrected; that the “Services”, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of Video Content accessible from or distributed through the services.

SILVERBACK COMMUNICATIONS SDN BHD AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH SILVERBACK COMMUNICATIONS SDN BHD AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.

To the extent permitted under applicable law, neither Silverback Communications Sdn Bhd nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the “Services” or incorporated in the Content or any Submission included in or accessible from the “Services”. Healthcare professionals and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility.  Due to rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Silverback Communications Sdn Bhd will not be liable for any medical treatment provided by users to their patients, whether or not the ‘Services”, Video Content or Submission were used in connection with such treatment.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SILVERBACK COMMUNICATIONS SDN BHD OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE VIDEO CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF SILVERBACK COMMUNICATIONS SDN BHD OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Silverback Communications does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the “Services”. "Image(s) and/or video used in the creation of content is under license from Shutterstock.com"

Indemnification

You hereby agree to indemnify and hold Silverback Communications Sdn Bhd, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of or inability to use any of the “Services” or the Video Content or Submissions.

Entire Agreement

This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may only be modified in a document executed by authorized representatives of Silverback Communications Sdn Bhd. If you have a signed agreement with us, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.