HMR Images & Materials Site
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RULES OF USE FOR PHOTOS, IMAGES AND MATERIALS ON HMR® IMAGES AND MATERIALS SITE These Rules of Use constitute an enhancement of the Rules of Use for Patient Testimonials and Patient Photos that are part of an HMR Program License, as well as the terms of the license agreements themselves, including guidelines, policies and the like issued by HMR from time to time. More specifically, these Rules are intended to cover the use of patient and product photos and other HMR materials that are accessible through the HMR Images and Materials site. These Rules are binding on all parties who accept them in accordance with the instructions, including vendors and other third party non-licensees. The Patient Testimonials (which term includes any “before and after patient pictures”), Product Photos and other HMR materials are provided to HMR licensed accounts through the HMR Images and Materials site subject to the following Rules of Use. In the case of Patient Testimonials, each patient who provides a testimonial does so through a specific consent or authorization form that defines and limits the use of these testimonials by HMR and its licensed accounts. Accordingly, it is important that you understand these limitations which are protected through adherence to these Rules of Use. Product Photos are also available and other HMR materials may become accessible in the future. Use of Product Photos and other HMR materials does not usually raise the “privacy” and “consent” issues that come with use of the Patient Testimonials and Photos but there are limitations on the use of such Product Photos and other HMR materials that must be followed as well. From time to time HMR may make available through the HMR Images and Materials site additional testimonials, photos and materials for use by licensed accounts and may change the portfolio of accessible testimonials, photos and materials at any time and from time to time. If you have any questions regarding any of these Rules, please contact HMR’s Director of Marketing, Barbara McGowan, bmcgowan@hmrboston.com. 1. Patient Testimonials, Product Photos and other HMR materials available through accessing the HMR Images and Materials site shall be used only for HMR product or program promotion. HMR may, from time to time, by notice to you, shorten the time period for which a Patient Testimonial, Product Photo or other material may be used, as well as the manner of use and form of reproduction. HMR may also post additional or replacement photos and testimonial stories from time to time for the same patient or replacement photos of food products. In such a case, the new information or photos will be considered a replacement for the old, which should be discarded. 2. Unless otherwise authorized by HMR, Patient Testimonials, Product Photos and other HMR materials accessed through the HMR Images and Materials site may not be altered and must remain in form and substance as provided by HMR, including any and all disclaimers required by the Federal Trade Commission or any other authorized regulatory body. In order to accommodate individual program “presentation” and information technology needs, programs may modify file type, resolution, size and make similar modifications as long as the form and substance of the Patient Testimonial, Product Photo or other material are not altered. Programs may also substitute excerpts from Patient Testimonials for the entire patient statement/description provided by HMR as long as the substance of the Patient Testimonial is not materially altered by such editing or otherwise presented in a misleading manner. 3. Patient Testimonials, Product Photos and other HMR materials may never be used in conjunction with promotions of other vendors or their products, even if not directly competitive with HMR programs or products. 4. Copyright Notices a. Non-Internet Use Follow rules in the Guidelines for HMR Copyrighted Materials and Trademarks that apply to your particular use for the following: i. Testimonials ii. Product and Other Photos iii. Marketing Copy and Other Printed Materials b. Website or Other Internet Use Follow rules in the HMR Internet Guidelines, including conspicuous use of the “Notices and Disclaimers” statement and link on every HMR-related page of the Site. As outlined in the HMR Internet Guidelines, licensed HMR accounts have permission to use current HMR Program marketing copy provided through HMR marketing brochures, flyers, or corporate website, etc., that is appropriate to their program offerings. HMR accounts are only licensed to offer the HMR Program and program materials in the local clinic setting and through the HMR at Home® program. HMR accounts are not licensed to offer the HMR Program or include HMR program materials on the Internet. c. The Guidelines for HMR Copyrighted Materials and Trademarks and the HMR Internet Guidelines are contained within the HMR Images and Materials site and are incorporated herein by reference. By agreeing to these rules you agree to follow the rules in the Guidelines referenced in 4a. and 4b. above when using the HMR Images and Materials site. 5. Only licensed HMR Programs may continue to make use of Patient Testimonials, Product Photos and other HMR materials available through this site. If you terminate your program license or other agreement with HMR, your rights to use these photos, reproductions, testimonials and materials will cease. The rights granted in these Rules of Use are non-transferable without HMR’s consent. If you need to give Patient Testimonials, Product Photos or other materials to third parties, or provide access to this site (for example, to print brochures for your program or enhance your program website), it is your responsibility to ensure that such third parties agree not to make any use or distribution of such materials and information. It is also the program’s responsibility to ensure that third parties and program staff who are given access to the HMR Images and Materials site do not abuse such access and that measures are taken (e.g., changing passwords) to terminate such access when staff leave the program or third party work is complete. All such third parties independently agree to be bound by these Rules except that such parties are only authorized to use the materials available on this site in accordance with instructions from the HMR licensed program providing access to same. 6. Unless earlier terminated as provided above, usage rights for Patient Testimonials will expire upon notice from HMR.
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