Education＆ScienceTerms and Conditions For use of Big 5 Lung Diseases Workshop Toolkit

During the Annual Scientific Congress of the Asian Pacific Society of Respirology (“APSR”), APSR in Seoul, South Korea, in November 2022, a workshop (the “Workshop”) was convened to gather inputs from successful groups addressing the Big 5 lung diseases (the ‘Big Five’) – Asthma, COPD, Lung Cancer, Tuberculosis, and non-TB infections.

The Workshop focused on their applicability, especially to primary care settings in low and lower-middle-income countries. Representatives from the APSR, Union APR, WHO SEA region, and WHO WPRO were involved from the organisational stage onward to ensure the Workshop’s success and maximise the benefits of collaboration.

As a result of the collaboration, a database on the Big Five (the “Toolkit”) has been organised. The Toolkit is a free-of-charge public database with the aim of widely disseminating the best primary care models to improve the Big 5 primary care environment, designed for health professionals and public health stakeholders.

The Toolkit contains written and other materials including, freely provided by their authors (the “Author”) without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (The “Contents”).

The Toolkit is provided by the APSR, and planned, operated, and managed in general by the APSR.

The user of the Toolkit (the “User”) must agree to the Terms and Conditions (the “T&C”) in order to be able to use the Toolkit and the Contents, and each User shall be deemed to have so agreed at the time that the User commences usage of the Toolkit and the Contents.

The APSR reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Toolkit and the Contents (or any part thereof) with or without notice. The APSR shall have no liability to the User or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.

Subject to the T&C, the User is granted to access, view, and use the Toolkit and the Contents for User’s personal, non-commercial use. The User is granted to download, store, and/or print single copies of items comprising the Contents for User’s personal, non-commercial use, provided that the User maintain all copyright and other notices contained in such Contents. The User may not copy and/or repost items comprising the Contents online.

The Toolkit and the Contents contain links to third-party websites. These links are provided solely as a convenience to the User and not as an endorsement by the APSR of any third-party websites or the content thereof. Unless expressly stated, the APSR does not operate any third-party websites linked to the Toolkit and is not responsible for the content of any third-party websites, nor does it make any representation, warranty, or covenant of any kind regarding any third-party websites including, without limitation,

1. any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
2. any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or
3. any representation, warranty, or covenant that the operation of such third-party websites will be uninterrupted or error-free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While the APSR encourages links from other websites, the websites, it does not wish to be linked from any third-party websites which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation,

1. any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of the APSR; or
2. any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.

The APSR reserves the right at any time to prohibit or refuse to accept links to the Toolkit and the Contents from third-party websites, including but not limited to links that contain or make available content or information of the aforementioned nature, the User agrees to remove any link the User may have upon the request of the APSR.

“Big 5 Lung Diseases Workshop organised by the APSR, Union APR, WHO SEARO and WHO WPRO” and the logo of the event /are trademarks of the APSR. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Toolkit may constitute registered or unregistered trademarks of the APSR or third parties. While certain trademarks of third parties may be used by the APSR under license, the display of third-party trademarks on the Toolkit and Contents should not be taken to imply any relationship or license between the APSR and the owner of the trademark or to imply that the APSR endorses the wares, services, or business of the owner of the said trademark.

The Toolkit, as well as the relevant part of each content, is subject to the protection of applicable intellectual property laws.

1. The copyright of the Contents is held by the Author, and the copyright of the Toolkit is held by the APSR.
2. The Users may search, browse, and download the Contents within the scope of the use of the Toolkit and the Contents specified in the preceding article. However, if the permission of the copyright or other right holder has not been obtained for such use, the following acts shall not be performed.
1. Copying, modifying, translating and editing.
2. Regardless of whether this service is paid or free of charge, and regardless of the recording format of the media, the copy obtained based on the proviso of the previous issue is provided, distributed, lent, transferred and publicly transmitted to others. (Including the act of placing it in a state where automatic public transmission is possible.)
3. To store on a server etc. that can be shared by others and use it even if it is a copy downloaded based on the proviso of Article 4.
4. To delete or modify indications of authors’ and other names, trademarks, service marks etc. displayed by the Author.
5. In addition to the acts prescribed in item 4 above, acts that infringe the copyright of the Contents.

The User agrees to indemnify, defend, and hold harmless the APSR, parties and persons who are involved in creating and operating the Toolkit, their physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from;

1. User’s breach of any of the T&C;
2. User’s access to, use, misuse, reliance upon, or inability to access or use the Toolkit, the Content, or any website to which the Website is or may be linked to from time to time or;
3. User’s use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Contents) on or from the Website.

The APSR may cancel or terminate User’s access to the Toolkit and the Contents, or any part thereof, at any time, without prior notice. Upon termination, the User is no longer authorized to access the affected portions. Restrictions on downloaded material and disclaimers in the T&C remain valid after termination. The APSR assumes no liability for such termination.

For information about the APSR’s data protection practices and the APSR’s use and protection of User’s personal information, please read the APSR’s Privacy Policy which is incorporated into and made a part of the APSR Website.
https://apsr.org/privacy-policy/

In no event shall the APSR, parties and persons who are involved in creating and operating the Toolkit, their physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with User’s use, misuse, or reliance upon the Toolkit or the Content, or User’s inability to use the Toolkit and the Contents, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the APSR knew of or ought to have known of the possibility of such damages.

The APSR also expressly disclaims any and all liability for the acts, omissions, and conduct of any thirdparty user of the Toolkit and the Contents, or any advertiser or sponsor of the Toolkit (“third-party”). Under no circumstances shall the APSR, parties and persons who are involved in creating and operating the Toolkit, their physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from

1. the acts, omissions, or conduct of any third party; and
2. any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the websites, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.

The foregoing limitation shall apply even if the APSR knew of or ought to have known of the possibility of such damages.

The APSR may revise the T&C at any time without any prior notice. Changes will be effective immediately upon posting of the new T&C, unless otherwise stated. Accessing and using the Toolkit after such changes are posted will signify User’s acceptance of these revised T&C.

The User agrees that all matters relating to the User’s access or use of the Toolkit and its Content shall be governed by the laws of Japan where the APSR secretariat is located, without giving effect to its conflict of law provisions.

All disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with the T&C shall be finally settled by arbitration in Tokyo, Japan pursuant to the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.