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CENTERVUE TERMS OF USE

Last updated on August 30th, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

CenterVue S.p.A and its affiliates across the world ("CenterVue", "we", "us" or "our" being interpreted accordingly) operate this EKN website platform ("Website") to provide online access to the CenterVue service and any further service as described at Annex A hereto ("Service"). By accessing and using this Website, you, the user ("user", "you", "your" or "visitor" being interpreted accordingly) agree to the terms and conditions set forth herein ("Terms of Use").

Additional terms and conditions applicable to specific areas of this Website or to particular content, products, services or transactions ("Additional Terms") may also be posted in particular areas of this Website or communicated to you separately and, together with these Terms of Use (collectively, the "Agreement"), govern your use of those areas, content, products, services or transactions made in connection with this Website. If there is a conflict between the Terms of Use and the Additional Terms, the Additional Terms shall control with respect to your use of those specific areas of this Website or the particular content, products, services or transactions to which such Additional Terms apply.

You represent and warrant that you are over 18 years of age and have full authority, power and capacity to meet your obligations under any Agreement. In addition, you agree to comply with all applicable laws, rules and regulations governing your access to and use of the Website and any data that you submit to it. If you do not agree to these Terms of Use or any Additional Terms, you are not permitted to access, browse or use this Website and must cease to use it immediately.

THESE TERMS OF USE WERE LAST UPDATED ON THE DATE SHOWN ABOVE. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH DATE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE AS MODIFIED. PLEASE RETURN TO THIS SECTION OF THE WEBSITE AND REVIEW THESE TERMS OF USE FROM TIME TO TIME, AS THEY MAY BE AMENDED WITHOUT NOTICE TO YOU. ANY CHANGES TO THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE REVISED TERMS OF USE.

PRIVACY POLICY
CenterVue takes the privacy concerns of its users and others whose data is processed by it very seriously and observes applicable legal requirements on it in relation to use of individual personal data or personally identifiable information ("PII").

DATA CONTROLLER
For the purpose of applicable laws implementing the EU Data Protection Directive 95/46, the data controller of any PII you submit using this Website is CenterVue S.p.A. of via San Marco 9/H - 35129 Padova, Italy.

INFORMATION WE COLLECT
As a general policy, unless an individual decides to voluntarily submit his or her personal information, no PII is automatically collected in relation to users of the Website. However, certain non-personal information of visitors is recorded by the standard operation of common website analytics tools which may include Cookies (see below). This information is primarily used to provide an enhanced online experience for the user. Other use of this collected information may include internal review of the number of visitors to this Website but such information is used only in an aggregate and non-personally-identifiable form. By using this Website you are considered to have consented to us collecting such non-personally-identifiable information in this manner.
Name, email addresses, digital reproduction of signatures and other PII about users of this Website only become known to CenterVue when voluntarily submitted upon registration.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration.

HOW WE USE YOUR PII
CenterVue may use PII provided by you through this Website for the following purposes:

  • In order to send email alerts and other communications where you sign-up to receive these;
  • In connection with your use of any products and services available on the Website from time to time and in particular to provide the Service and deal with your requests;
  • To provide you information, advertisements, and content about our services that we think may be of interest to you;
  • CenterVue may transfer information to a successor entity in connection with a corporate merger, restructuring, consolidation, sale of assets, bankruptcy or other corporate change;
  • Where necessary, CenterVue may provide certain information to external parties for the purpose of establishing, enforcing or defending its legal rights; in relation to investigation of any suspected illegal activity on the Website; or where it is necessary to do so to protect CenterVue or other users of its Service. We may have to pass your PII to third parties if we are under a legal obligation to do so, such as by order of a court, law enforcement agency or governmental authority; and
  • Other purposes where these are described at the time such PII is submitted or collected.

COOKIES
Our Website uses cookies. A cookie is a small file of letters and numbers that is placed on your computer. These cookies allow us to distinguish you from other users of our Website, which helps us to provide you with a better experience when you browse our Website and also allows us to analyse, review and improve our Website. For more information about cookies please see www.allaboutcookies.org.
If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Website may not provide you with a personalized experience if you have disabled the use of cookies.
PLEASE NOTE THAT BY USING THIS WEBSITE AND THESE TERMS OF USE YOU ARE ALSO AGREEING TO OUR USE OF COOKIES AS DESCRIBED HEREIN.

CHOICE
You may ask us not to process your PII for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can elect to prevent such processing by checking certain boxes on the forms we use to collect your data or PII. You can also choose to opt-out of receiving any further direct marketing material from us at any time by contacting us at info@centervue.com.

YOUR RIGHTS
Under applicable data protection law you have the right to be informed of: (i) the origin of the personal data collected; (ii) the purposes and methods of their use; (iii) the logic applied to the processing, if the latter is carried out with the help of electronic means; and (iv) the identification data concerning the data controller and data processors.
Further, you have the right to access your PII or personal data or update, rectify or, where interested, ask for the erasure, anonymization or blocking of your PII or personal data that have been processed unlawfully, including data whose retention by us is unnecessary for the purposes for which they have been collected or subsequently processed. At request, we can provide evidence that the abovementioned activities have been notified to those parties to which the data had been previously communicated, except where such an obligation proves to be impossible or disproportionate in relation to the underlying right.
We endeavor to keep all PII that we hold secure, accurate and up-to-date. If you are concerned that PII that we hold about you is not accurate or you no longer wish to receive marketing communications from us, please let us know in writing at the email address posted on this Website
Without prejudice to any of your mandatory legal rights under applicable law, we will investigate your concerns and if necessary will make the required corrections, additions and/or deletions.

DATA SECURITY
CenterVue uses appropriate technical and organizational measures to help protect the security of PII that we store on this Website against unauthorized access, damage, loss or destruction. Any PII that you submit will be made available to our employees, contractors and agents only on a need-to-know basis.
Where we have given you (or where you have chosen) a password or log-in details which enables you to access certain parts of the Website or to receive the Service or other content, you are fully responsible for keeping this information secret and confidential in accordance with these Terms of Use.
The internet is an open global communications vehicle that is not completely secure and, as such, we cannot guarantee the security of any PII that is transmitted over the internet or through external parties. While we use the technical and organizational security measures referred to above we can never guarantee that PII is completely secure against unauthorized intrusion or access through hacking, phishing, fraud or criminal activity.
You acknowledge that you and/or your organization remain fully responsible for taking appropriate measures to safeguard the security and integrity of any data that you may submit to the Website when using the Service.

USERNAME AND PASSWORDS
You are required to create a personal user account to access the Service with a unique username and password.
Passwords are encrypted and we do NOT have, nor permit any employee or service provider to have, access to your password. If you do create a username and password, you are fully responsible for keeping this information confidential and secure. You shall be held fully responsible for any access to your account by you or anyone else using your username, password or other log-in details, whether or not such access or use has been authorized by you, and whether or not such person or entity is your representative or agent.
You agree to (a) only use your username, password and log-in details for their intended purpose of enabling you to use the Website and/or Service strictly in accordance with the Agreement; and (b) immediately notify us when you become aware of any unauthorized use of your user name, password, log-in details, account or any other breach of security in relation to the Website. It is your sole responsibility to control the sharing and use of your username, password, log-in details and any access to your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision or any user action or omission that threatens the security of the Website or its users. To the fullest extent legally permitted, we will have no liability to you for disclosure of PII due to your default or unauthorized acts or negligence of third parties outside our control. We reserve the right to delete, change, suspend or disable any username or password at any time and for any reason.
In the unlikely event that we believe that the security of PII in our possession or control may have been compromised, and where this causes a significant risk to users, we will endeavor to notify users. If such a notification is appropriate, we will endeavor to do so as promptly as possible by e-mail. You consent to us using e-mail as a means of such notification.

WORLDWIDE TRANSFER OF PII
CenterVue and its affiliates operate on a worldwide basis. When you provide your PII to us, it may be processed by us or any of our affiliates in the offices and countries in which we operate.
The privacy laws and levels of legal protection that apply to the use of PII may vary from country to country. In particular, some countries outside the European Economic Area (EEA), including but not limited to the United States, are not regarded as providing a level of legal protection which is deemed as 'adequate' under European Union (EU) data protection law. Regardless of the laws in place in these countries, CenterVue will treat the privacy of PII in accordance with these Terms of Use.
IMPORTANT: By providing your PII to CenterVue, you consent to CenterVue collecting, storing, transferring and processing your information in any jurisdiction in which we operate in accordance with these Terms of Use.

LICENSE AND OWNERSHIP
This Website is owned and operated by CenterVue and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all content and data viewed on the Website (collectively, "Content"), including the "look and feel" and arrangement of any Content, but with the express exclusion of any Medial Data (as defined in Annex A), is the property of CenterVue and/or its affiliates, licensors and/or third party service providers and is protected by intellectual property laws across the world, including without limitation, rights in relation to inventions (and patent rights), copyright (and related rights), trade marks, designs, database rights and rights in relation to confidential know-how and trade secrets. CenterVue reserves all rights not explicitly granted under these Terms of Use and any Additional Terms.
All trade marks, service marks, trade names, logos and other badges of origin (collectively, "Marks") appearing on the Website are the property of CenterVue and/or its affiliates, licensors, and/or third party service providers. You are licensed to access, view and copy such Content and Marks for your own use solely in connection with receipt of the Service but otherwise may not make any use of, reproduce, modify, adapt, translate, distribute or publish any Content or Marks without the prior express authorization of CenterVue and any applicable third party licensor.
You may not use any device, software, code or routine to interfere or attempt to interfere with the proper working of the Website and you must not take any action that imposes an unreasonable or disproportionately large load on CenterVue's network or infrastructure or is likely to interfere with the normal operation or availability of this Website.

YOUR CONDUCT
In using or accessing this Website or the Service you agree:

  • not to act illegally, unethically or in a manner contrary to public policy;
  • not to disrupt or interfere with the security or operation of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
  • follow our reasonable instructions, recommendations and technical guidance in relation to your use of this Website at all times;
  • not to disrupt or interfere with any other user's normal use of the Website (or attempt to do so);
  • not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files or code;
  • not to use links or frames or utilize other techniques to enclose any CenterVue Marks or reproduce or republish Content or other proprietary information (including the images and information available through the Website, the content of any text or the layout/design of any page) without CenterVue's express written consent;
  • not to use meta tags or any other "hidden text" utilizing a CenterVue Mark service or product name without CenterVue's express direct authorization;
  • not to post or transmit unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets or privacy of others;
  • not to attempt to obtain unauthorized access to the Website or portions of the Website that are intended to be closed to you (or your organization) or restricted from general access;
  • not to knowingly or recklessly submit to us any material that is false, defamatory, or inaccurate;
  • not to act in a manner which is abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy;
  • not to impersonate others in violation of any applicable law; and
  • not to use our Website or its Contents for promotional purposes or for the sending of commercial messages to others.

You agree to immediately notify us if you suspect any criminal, fraudulent or abusive activity on this Website, or any activity in violation of these Terms of Use. If you so notify us, or we otherwise suspect criminal, fraudulent, abusive activity or any activity in violation of these Terms of Use, you agree to cooperate with us in respect of any investigation and to follow any corresponding advice or guidance we reasonably propose.

CHANGES TO WEBSITE
CenterVue may add to, change, discontinue, remove or suspend all or any Content on the Website at any time, without notice, its sole discretion.

SUSPENSION OR TERMINATION
CenterVue reserves the right, without notice and at its sole discretion, to suspend or terminate your Agreement and/or your ability to access or use the Website or the Service, and to block or prevent future access to and use of the Website or the Service in case of breach of these Terms of Use or other conduct by you that CenterVue considers inappropriate.

DISCLAIMER
THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ANY SERVICE, PRODUCT OR CONTENT AVAILABLE ON IT), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CENTERVUE MAKES NO WARRANTY: (A) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS APPEARING ON THIS WEBSITE IN CONNECTION WITH THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR PARTICULAR REQUIREMENTS; OR (F) THAT TRANSMISSIONS YOU MAKE OR DATA THAT YOU SUBMIT USING THIS WEBSITE WILL BE COMPLETELY SECURE.

LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SERVICE AND YOUR USE OF ANY OF THE RESULTS THAT YOU OBTAIN.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL CENTERVUE AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (EACH A "CENTERVUE PARTY" AND COLLECTIVELY "CENTERVUE PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE OR ANY CONTENT; (B) A USER'S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR SERVICE; (C) ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE AVAILABLE THROUGH THE WEBSITE; (D) LOSS OF, CORRUPTION OR DAMAGE TO DATA; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED FROM OR IN CONNECTION WITH THE WEBSITE OR SERVCE; OR (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A CENTERVUE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
TO THE FULLEST EXTENT LEGALLY PERMITTED, CENTERVUE'S AGGREGATE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE OR FOR YOUR PURCHASE OF THE SERVICE. IF NO SUCH AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THE AGREEMENT SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
WHERE YOUR USE OF THIS WEBSITE OR PURCHASE OF THE SERVICE IS GOVERNED BY MANDATORY APPLICABLE LAW THAT PROHIBITS THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, DAMAGES AND OTHER PROVISIONS IN THESE TERMS OF USE, THEN TO THE EXTENT THAT SUCH MANDATORY LEGAL PROHIBTION APPLIES, THE PROHIBITED DISCLAIMERS, EXCLUSIONS, LIMITATIONS OR OTHER PROVISIONS WILL NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF A CENTERVUE PARTY WILL BE LIMITED TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION
IN USING THE WEBSITE OR THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CENTERVUE PARTIES FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' AND OTHER LEGAL FEES AND COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR VIOLATION OF THE AGREEMENT OR ANY APPLICABLE LAW, RULE OR REGULATION; (2) YOUR UNLAWFUL OR IMPROPER USE OF THE WEBSITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR SERVICE AVAILABLE ON THE WEBSITE; (3) LOSS OF ANY DATA OR ACCOUNT INFORMATION; AND (4) ANY SUBMISSIONS MADE BY YOU.
YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY CENTERVUE IN THE DEFENSE OF ANY CLAIM. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, CENTERVUE RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF CENTERVUE.

MISCELLANEOUS
The Agreement shall be exclusively governed by and construed in accordance with the laws of Italy without giving effect to any principles of conflicts of law. Any dispute arising from the Agreement, or your use of this Website, the Service or any other content, product or services accessed through the Website shall be resolved in the courts of Padova, Italy, and to the maximum extent legally permitted you irrevocably agree to the jurisdiction of such courts. The Agreement constitutes the entire agreement between CenterVue and you, the user, with respect to your use of the Website and the Service or any other content, product or services accessed through the Website. If any provision of the Agreement is ruled as being unlawful, void or for any reason unenforceable, then to the fullest extent practicable such offending provision shall be deemed severed from the remainder of the Agreement (as applicable) and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of our right to enforce such provision. Nothing in the Agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and CenterVue, and you do not have any authority to create any obligation or make any representation or undertaking in CenterVue's name or on CenterVue's behalf, without its explicit written permission. You may not assign or transfer your rights or delegate any of your obligations hereunder without CenterVue's written consent.

CONTACT US
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us using the email address posted on the Website.

ANNEX A - THE SERVICE
This Website (www.eyeknowledge.net) provides its users with online access to medical images and textual information (the "Medical Data") as captured by CenterVue's medical devices.

This Website provides different capabilities to different users:

  1. Administrator level;
  2. Grader level;
  3. Viewer level.

The following capabilities are offered to the different users:

  1. Administrators can:
    1. Connect their CenterVue device to this Website to enable Data upload;
    2. Retrieve a copy of the Data from the server in case of Data loss on the device;
    3. Review the Data online;
    4. Authorize other users (Graders and Viewers) to get online access to their Data;
    5. Review the clinical reports posted by Graders.
  2. Graders can:
    1. Review the Data online;
    2. Fill and post clinical reports.
  3. Viewers can:
    1. Review the Data online;
    2. Review the clinical reports posted by Graders.

 

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