Terms of use

By using the Cancer Center website and PathoPlatform service you are agreeing to be bound by the following terms and conditions („Terms of Use”). These terms and conditions are under the laws of Poland. In case of any court trial, the place for the court shall be Wroclaw, Poland. In the following, we may also refer to Cancer Center as „we,” „us” or „our”.

Terms

All content, which can be uploaded and shared through the Cancer Center services will be described as „content“ in the following terms and comprises all kinds of photos, designs, sketches, scans, texts, comments, and other digital media.

You must be 16 years or older to register at Center Center.
You must not upload, post, share, annotate any content protected by copyright or other intellectual property rights without the prior approval of the copyright owner.
You are solely responsible for your content that you submit, post, and display on the Cancer Center service.
You must not upload, post, share any content, which shows/describes illegal, offensive, defamatory, obscene, threatening, libelous, or otherwise objectionable material (e. g. violence, pornography, drugs).
You must not use Cancer Center or its affiliated websites for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
You are responsible for any activity that occurs under your username.
You must not share your password with any other person and have to keep your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other Cancer Center users.
You must not copy, hack or modify any elements of the Cancer Center website and software (e. g. code, design, name, trademark, logo, proprietary information) without prior written consent from Cancer Center.
You must not access Cancer Center’s private API by any other means other than the Cancer Center application itself.
You must not crawl, scrape, or otherwise cache any content from Cancer Center including but not limited to user profiles and photos.
You must not create or submit unwanted emails or comments to any Cancer Center members („Spam”).
You must not transmit any dangerous computer code like worms or viruses through the Cancer Center services.
You must not, in the use of Cancer Center, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Cancer Center account. While Cancer Centre prohibits such conduct and content on its site, you understand and agree that Cancer Center cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the Cancer Center service at your own risk.

Conditions

You may use the embed functionality of Cancer Center to embed your own content on your own websites. However, you must not embed content of other users without their permission.
We reserve the right to modify or terminate the Cancer Center service for any reason, without notice at any time.
You must not use Cancer Center for diagnostic or therapeutic patient use. The measurement tools in Cancer Center may contain errors and display the wrong numbers. Therefore, also the measurement tools must not be used for patient care.
We reserve the right to alter these Terms of Use at any time. In case of changed Terms of Use we will notify you via e-mail or through Cancer Center.
We reserve the right to refuse access to the Cancer Center service to anyone for any reason at any time.
We reserve the right to remove the account and access of any user, who is inactive or who acts against the Terms.
We reserve the right to remove any content, which we consider as unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
We reserve the right to change usernames on behalf of businesses or individuals that hold legal claims or trademarks on those usernames.
We provide our website and services on an “as is” and “as available” basis. WE DO NOT MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE CANCER CENTER SERVICE OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT, PERMITTED BY LAW.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OF DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE), TO THE GREATEST EXTENT PERMITTED BY LAW. IN CASE OF A PAID PLAN, OUR TOTAL AGGREGATE LIABILITY MAY NOT EXCEED THE GREATER OF (I) AN AMOUNT EQUAL TO THREE MONTHS OF SERVICE FEES ACTUALLY PAID BY YOU FOR THE ACCOUNT, OR (II) ONE HUNDRED EURO (€100.00).
You agree to indemnify and hold Cancer Center (and our directors, employees, or partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference or your violation of any law or the rights of a third party.
In case of a court trial, the location of the court trial is exclusively in Wroclaw, Poland.

Intellectual property rights

Cancer Center does NOT claim ANY ownership rights in the content that you upload/post/ write on or through the Cancer Center Services. By displaying or publishing any content on or through the Cancer Center Services, you hereby grant to Cancer Center a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the website in any media formats through any media channels, except your content not shared publicly („private”) will not be distributed outside the Cancer Center services.
You agree that we may place advertisements alongside your content.
You represent and warrant that: (i) you own the content posted by you on or through the Cancer Center Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Cancer Center Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your content on Cancer Center does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Cancer Center services.
Cancer Center contains content of other users and other Cancer Center licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Cancer Center.
Although the Cancer Center is normally available, there will be occasions when the Site or other Cancer Center and its services are usually permanently available on the internet. However, it may be that for scheduled maintenance or upgrades, for emergency repairs, or due to the failure of telecommunications links and equipment that are beyond our control Cancer Center and its services may have downtimes (go offline). Also, although Cancer Center will normally only delete content that violates this agreement, Cancer Center reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by Cancer Center in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Cancer Center encourages you to maintain your own backup of your content. In other words, Cancer Center is not a backup service. Cancer Center will not be liable to you for any modification, suspension, or discontinuation of the Cancer Center Services, or the loss of any content.
To present your content, Cancer Center digitally processes your content, which may change parts of your content.

Machine learning

You agree that Cancer Center may automatically analyze your uploaded images with Deep Learning / Machine Learning algorithms to improve the user experience and to perform research on medical images. In fact, Cancer Center aims to create algorithms that recognize patterns in images, which may e. g. help to diagnose diseases automatically in the future. The analyses of your images can be performed on the Cancer Center servers as well as on 3rd party computers.

Paid services

Cancer Center provides different paid plans as “Premium” etc. We reserve the right to modify these plans and change prices from time to time. We will then give you an e-mail notice of the changes at least 30 days prior to becoming effective.
Cancer Center provides a marketplace for selling your images. We reserve the right to decline to sell your content for any reason. Also, we reserve the right to change the royalty fees paid to you. However, we will notify you at least 30 days prior to changing royalty fees.