TERMS OF SERVICE

This website including all subsites and its content (“Services”) is owned by the Research Consortium for Medical Image Analysis, a not for profit organization, located at Kavallerigranden 13, SE-226 39 Lund, Sweden with org.nr 802523-4686 (“RECOMIA”/“us”/“we”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy.

By clicking on the “AGREE” or “I ACCEPT” button, or accessing or using the services including by downloading or posting any content from or through the services, you are indicating that you have read, understand and agree to be bound by, these Terms which constitute a binding legal agreement between you and RECOMIA. You have no right to access or use the services unless you agree to these Terms. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.

1. KEY CONTENT-RELATED TERMS

Content” means text, tags, images, and annotations.

Registered User” and “you” means a person that completes RECOMIA account registration process, as described in the “Account Registration” section below.

Registered User Content” means Content a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Services.

2. MODIFICATIONS

RECOMIA reserves the right, at its sole discretion, to modify, discontinue or terminate the Services (or any aspect thereof) or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the service. By continuing to access or use the Services after we have posted a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Services.

3. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES

3.1 AVAILABILITY.

Access to and use of the Services is limited to individuals who are at least 18 years of age. The Services are available worldwide.

3.2 COMPLIANCE WITH LAWS.

You are responsible for ensuring that your use of the Services complies with the laws of your country of residence and you assume the risks (including indemnity under Section 13) attendant to the use of the Services and the use of any materials that you provide. You must register to create an account (“Account”) and become a “Registered User” to use the Services.

3.3 REGISTRATION.

To register, you must provide a username, your email address, and other information specified in the registration form (“Registration Data”). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize RECOMIA, in its sole discretion to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if RECOMIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RECOMIA has the right to suspend or terminate your Account and refuse any and all current or future use of the Services.

Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.

You understand and agree that the Services may include certain communications from RECOMIA, such as service announcements and administrative messages.

3.4 SUBSCRIPTION/USAGE FEES.

Parts of the Service is restricted and accessed only by paying an annual fee, and parts of the service is currently free. However, you acknowledge and agree that RECOMIA reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. RECOMIA will provide notice of any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, RECOMIA reserves the right to immediately terminate your access to the Services.

4. SECURITY

The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Services. Upon registering, you will receive a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify RECOMIA in writing by email of any unauthorized use of your User Information or any other breach of security. RECOMIA is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Services shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state, and federal laws. RECOMIA. hereby notifies you that any or all communications with the Service can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by RECOMIA in its sole discretion and without further notice.

5. DISCLAIMERS

5.1 NO DIAGNOSTIC SERVICE.

RECOMIA is primarily a research tool and is not intended to serve the following needs: as a diagnostic service; as a confirmatory service to provide certainty in diagnosis; to select, guide, or promote therapy of medical conditions; for use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance; or in situations where failure could lead to death or personal injury (collectively, “unauthorized purposes”). Because RECOMIA has not been designed, intended, or authorized for such unauthorized purposes, you shall not use the Services for such purposes or under such circumstances. You further acknowledge that the use of RECOMIA services for such unauthorized purposes may constitute a violation of laws applicable to the practice of medicine or other health profession(s).

5.2 NO WARRANTY.

Your reliance upon the content obtained or used by you through the Services is solely at your own risk.

6. PRIVACY & CONTENT TERMS

6.1 PRIVACY POLICY.

See our Privacy Policy for information and notices concerning RECOMIA’s collection and use of your personal information. By clicking on the “AGREE” or “I ACCEPT” button, or accessing or using the Services you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.

6.2 FEEDBACK.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to Services (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

6.3 USER CONTENT TERMS.

All content generated by a Registered User must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content. To assist you, RECOMIA will make available to you its tools to help you remove direct identifiers and other common identifiers, including automatic and manual information-blocking features. In addition, you must refer to the Content Policy and you represent and warrant that each time you submit content you have complied with the terms therein on what identifying information should be removed from images of people.

 

6.4 OWNERSHIP OF CONTENT.

RECOMIA does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to RECOMIA, in perpetuity, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform, and display (publicly or otherwise), redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Content that you post on or through the Service, subject to the Service's Privacy Policy.

If you submit content to RECOMIA, you are authorizing RECOMIA to act as your agent to issue take-down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows the submission of requests to Internet Service Providers for the purpose of removing infringing or allegedly infringing materials. You will be responsible for monitoring and enforcing your copyright. If RECOMIA does become aware of infringement, then RECOMIA, at its sole discretion, may elect to issue take-down notices under the DMCA or similar legislation.

6.5 USER CONTENT WARRANTIES.

You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to RECOMIA the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content or RECOMIA’s use of the Registered User Content (or any portion thereof) on, through or by means of the Services will (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including, but not limited to any applicable laws, rules, or regulations relating to personal health information, personal information and privacy, the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Health Information Protection Act (PHIPA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Data Protection Act 1998, the Protection of Personal Information Act 2013, the Data Protection Act of 1978, the Spanish Data Protection Act 15/1999, the Belgian Act of 08 December 1992, Law 2472/1997 on the Protection of the Individual from the Processing of Personal Data, the Indian Information Technology Act, 2000, the Argentine Personal Data Protection Act N°25.326, Act N°26.529 and Intellectual Property Act N°11.723, Act on the Protection of Personal Information of Japan, the Dubai Healthcare City Health Data Protection Regulation No. (7) of 2013 (as amended) and the Dubai International Financial Centre Data Protection Law No.1 of 2007 (as amended) and the DIFC Data Protection Regulations 2007 (as amended), Personal Information Protection Act, and Act on Promotion of Information Communications Network Utilization and Information Protection of Korea, Law of the Republic of Kazakhstan On Personal Data and its Protection from 21 May 2013 No. 94-V, the Federal Law of the Russian Federation “On Personal Data”, the Federal law of the Russian Federation “On the Fundamentals of Health Protection in the Russian Federation” , Act On Personal Data Protection of Ukraine of 01 June 2010 (as amended) and any other applicable National, Provincial, State, and Federal privacy laws (collectively, the “Privacy Laws”) depending on your country or jurisdiction of access to the Services. You retain the sole responsibility of your individual compliance with applicable laws.

6.6 ADS.

You acknowledge and agree that some of the Services may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised on the Services you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that RECOMIA shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.

Your representations, warranties, and obligations in this section survive termination of these Terms.

7. LICENSE TERMS

7.1 RECOMIA CONTENT LICENSE GRANT.

Subject to your compliance with the terms and conditions of these Terms, RECOMIA grants you a limited, non-exclusive, non-transferable license: (i) to view any RECOMIA Content solely for your personal and non-commercial purposes; and (ii) to view any Registered User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

7.2 RECOMIA CONTENT LICENSE RESTRICTIONS.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RECOMIA or its licensors, except for the licenses and rights expressly granted in these Terms.

7.3 USER CONTENT LICENSE.

We may, in our sole discretion, permit Registered Users to post, upload, publish, submit, or transmit Registered User Content. By making available any Registered User Content on or through the Services you hereby grant to RECOMIA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such Registered User Content only on, through or by means of the Services or by sublicense to partner or affiliate publications. RECOMIA does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Registered User Content.

8. PATIENT DATA AND LEGAL COMPLIANCE

8.1 LEGAL OBLIGATIONS.

National, Provincial, State, and Federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.

8.2 COMPLIANCE REPRESENTATIONS AND WARRANTIES.

You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and require all persons or entities under your direction or control to comply with such laws, including the Privacy Laws and the Privacy Policy. You are at all times solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Services and any third party site.

8.3 RECOMIA DISCLAIMER ON PATIENT INFORMATION.

We expressly do not assume any responsibility for your use or misuse of patient information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Services. We reserve the right to amend or delete any Content (along with the right to revoke any membership or restrict access to the Services) that we determine in our sole discretion violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of patient information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.

Your representations, warranties, and obligations in this section survive termination of these Terms.

9. GENERAL PROHIBITIONS

You agree not to do any of the following:

Post, upload, publish, submit, or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

Take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the images, comments, or contributions to RECOMIA Content

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Use, display, mirror or frame the Services, or any individual element within the Services, any RECOMIA trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without RECOMIA’s express written consent;

Access, tamper with, or use non-public areas of the Services, RECOMIA’s computer systems, or the technical delivery systems of RECOMIA’s providers;

Attempt to probe, scan, or test the vulnerability of any RECOMIA system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RECOMIA or any of RECOMIA’s providers or any other third party (including another user) to protect the Services;

Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by RECOMIA or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a RECOMIA trademark, logo URL, or product name without RECOMIA’s express written consent;

Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation, or any other rules of professional conduct; or

Encourage or enable any other individual to do any of the foregoing.

RECOMIA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. RECOMIA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RECOMIA has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction.

10. LINKS

The Services may contain links to third-party websites or resources, which do not form part of the Services. You acknowledge and agree that RECOMIA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by RECOMIA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

11. TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, RECOMIA will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. RECOMIA reserves the right to revoke your access to and use of Services at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.

12. DISCLAIMERS

The Services are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, RECOMIA explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. RECOMIA makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. RECOMIA makes no warranty regarding the quality of any Content purchased or obtained through the Services or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services.

No advice or information, whether oral or written, obtained from RECOMIA or through the Services will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact with as a result of your use of the Services. You understand that RECOMIA. does not take responsibility for screening or inquiry into the background of any users of the Services, nor does RECOMIA verify or take responsibility for the statements of users of Services. RECOMIA makes no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services.

13. INDEMNITY

You agree to defend, indemnify, and hold RECOMIA, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of Services, or your violation of these Terms.

14. LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services remains with you. Neither RECOMIA, nor any other person or entity involved in creating, producing, or delivering Services, will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use Services or from any communications, interactions, or meetings with other users of the Services, or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, delict, tort (including negligence), product liability or any other legal theory, and whether or not RECOMIA has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed in meeting its essential purpose.

In no event will RECOMIA’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the Services exceed one hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between RECOMIA and you.

15. PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names, and any other proprietary designations of RECOMIA used herein are trademarks or registered trademarks of RECOMIA. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

16. APPLICABLE LAW; JURISDICTION

These Terms and the Content of the RECOMIA’s Services shall be governed by and interpreted in accordance with Swedish law without regard to conflict of law rules. Any dispute arising out of or in relation to these Terms which cannot be solved amicably, shall be decided by the Swedish Courts. Notwithstanding the governance of these Terms, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.

17. ENTIRE AGREEMENT

These Terms together with all documentation and policies referenced herein constitute the entire and exclusive understanding and agreement between RECOMIA and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RECOMIA and you regarding the Services.

18. GENERAL

The failure of RECOMIA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RECOMIA except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

19. CONTACTING RECOMIA.

If you have any questions about these Terms, please contact RECOMIA, Kavallerigranden 13, SE-226 39 Lund, Sweden.