TERMS AND CONDITIONS OF USE OF NANOLUME® MOBILE APPLICATIONS
The terms and conditions of use set forth herein (“Terms”) relate to the access and use of our Nanolume®
mobile applications designed for iPhone®, iPad®, or other devices using the iOS operating system (“Apple Applications”), or for devices using the Android® OS or any other operating systems (“Other Applications,” and together with Apple Applications, “Applications”). The Applications are provided by Nanolume, LLC (“Nanolume” or “we” or “us”). Patent Pending.
“Nanolume Media” means the Applications and any data, graphic, image, database, photos, schematic, information or other material or content provided by Nanolume contained therein, or accessible through the Applications, but does not include Your Data. Your use of the Nanolume Media shall be subject to these Terms and by using the Nanolume Media you agree to be bound by these Terms.
If you do not agree to these Terms, Nanolume does not agree to license you to use the Applications or Nanolume Media, and you may not install, download, use or access the Nanolume Media and must delete the Nanolume Media from your mobile device. We reserve the right to change these Terms and/or the Nanolume Media from time to time. The Terms may be updated by posting the new or updated Terms on our website or in an updated Application.
Access to Nanolume Media
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Nanolume Media. Apple®
Applications are only licensed for use on a device owned or controlled by you and using the iOS operating system, so you must make sure that you use an appropriate device to access and use any Apple Application. Other Applications may only be used on a device owned or controlled by you running the operating system for which the Other Application concerned was designed.
We may, from time to time, restrict access to certain features, parts or content of the Nanolume Media, or the entire Nanolume Media, without any notice or liability to you or any third party.
Operation of the Nanolume Media
We cannot guarantee the continuous, uninterrupted or error-free operability of the Nanolume Media. There may be times when all of, or certain features, parts or content of, the Nanolume Media, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we shall not be liable to you or to any third party for any unavailability, accuracy, modification, suspension or withdrawal of any Nanolume Media, or any features, parts or content of any Nanolume Media.
What You Are Allowed to Do
You may only use the Nanolume Media in accordance with these Terms. Subject to these Terms, you may retrieve and display Your Data from the Nanolume Media on a computer or mobile device, print pages from the Nanolume Media and store Your Data in conjunction with the Nanolume Media in electronic form. You may in some instances be permitted to record instances and characteristics of pain, the location of pain, or other data related to pain and its treatment, the analyses of this data, and the transfer of this data to others.
Additional terms may also apply to certain features, parts or content of the Nanolume Media and, where such terms apply, are set out in these Terms or shall be displayed before you access the relevant features, parts or content.
What You Are Not Allowed to Do
Except to the extent expressly set out in these Terms or as expressly permitted by applicable law, you are not allowed to:
- reverse engineer, decompile, disassemble, deconstruct or otherwise attempt to discover or directly access the source code of such Nanolume Media, and/or any component thereof;
- republish, redistribute or re-transmit any Nanolume Media;
- do anything to cause a slow-down or interruption of the Nanolume Media or the distribution or display of unapproved content via the Nanolume Media;
- do anything with Nanolume Media to violate HIPPA regulations or any other regulation or privacy requirement;
- add to, remove or change any content of the Nanolume Media (other than Your Data) except as permitted herein, or attempt to circumvent security or interfere with the proper working of the Nanolume Media or any servers on which it is hosted;
- create links to the Applications from any website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you do not frame or replicate any page of the Applications, and the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights, other rights of any third party; or
- otherwise do anything that it is not expressly permitted by these Terms or that would cause you or Nanolume to be in violation of applicable law.
You must only use the Nanolume Media and anything available via the Nanolume Media for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our members or affiliates. All rights granted to you under these Terms shall terminate immediately in the event that (i) you are in breach of any of these Terms; (ii) Nanolume is required by law to terminate the Nanolume Media or these Terms; or (iii) Nanolume decides to no longer provide certain portions of the Nanolume Media.
To do anything with the Nanolume Media that is not expressly permitted by these Terms, you need a separate license from us. Please contact us by email at email@example.com
The Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”).
If the Nanolume Media that you access and use is an Apple Application:
- the Apple Application may only be accessed and used on a device owned or controlled by you and using the iOS operating system;
- you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact us, not Apple, using the contact us details at the end of these Terms;
- although these Terms are entered into between us and you (and not Apple), Apple, as a third-party beneficiary under these Terms, shall have the right to enforce these Terms against you;
- except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple Application are between you and us (and not between you, or anyone else, and Apple); and
- in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Apple Application infringes any intellectual property rights, Apple shall not be responsible or liable to you in relation to that claim;
- you represent and warrant that:
- you are not, and shall not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country; and
- you are not listed on any US Government list of prohibited or restricted parties; and
- if the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which shall then refund the purchase price of the Apple Application to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and shall not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Apps or relying on any of its content.
Nanolume may make Other Applications available on other mobile device platforms such as Android/Google Play (the “Other Platforms”). You agree to the terms and conditions of the Other Platforms, which are, to the extent they are required to be from the Other Platform owner, incorporated herein by reference and to the extent they conflict with any provision herein, as between You and the Other Platform owner, supersede the terms and conditions herein.
Intellectual Property Rights
Nanolume Media is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted are reserved by Nanolume or its respective rights holders.
All intellectual property rights in the Nanolume Media and in any content of the Nanolume Media (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out herein, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using any Nanolume Media. In the event you print off, download, transmit, copy or store any Nanolume Media (only as permitted by these Terms and/or the regular operation of the Application), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Nanolume respects the intellectual property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Nanolume has designated an agent to receive notifications of alleged copyright infringement associated with the Nanolume Media. Nanolume shall, upon receiving proper notice, comply with its legal obligations which may include removing or disabling access to any such material as set forth in the DMCA. If you believe that your copyrighted work is being infringed, please notify us (see the Contacting Us section below). Nanolume shall promptly notify you after removing access to any allegedly infringing material to allow you to make a counter notice to request that such content be re-enabled. Nanolume will comply with applicable law in respect of its obligations under the DMCA.
Content and Its Intended Use
We may change the format and content of the Nanolume Media and Your Data from time to time. You agree that your use of the Nanolume Media is on an ‘as is’ and ‘as available’ basis and at your sole risk.
While we try to make sure that all information contained in the Nanolume Media (other than Your Data) is correct, we do not warrant any Nanolume Media as free from defects. We take no responsibility as to the accuracy or completeness of Your Data.
We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Nanolume Media. We cannot and do not guarantee that any content of the Nanolume Media shall be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
NANOLUME EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE NANOLUME MEDIA. THE NANOLUME MEDIA IS PROVIDED ‘AS IS WHERE IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE OR INDUSTRY STANDARD. NANOLUME DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE NANOLUME MEDIA. NANOLUME MAKES NO WARRANTIES THAT THE APPLICATION WILL PRODUCE ANY HEALTH BENEFITS OR THAT THE INFORMATION IN THE NANOLUME MEDIA WILL BE BENEFICIAL. THE NANOLUME MEDIA IS NOT A MEDICAL DEVICE AND NO INFORMATION IN THE NANOLUME MEDIA SHOULD BE USED AS MEDICAL ADVICE OR FOR DIAGNOSING OR TREATING ANY MEDICAL CONDITION.
Limitation of Liability
In no event shall Nanolume (nor the developers of Nanolume Media) nor any of its owners, agents, employees or affiliates be liable for any indirect or consequential damages, including, without limitation, lost profits, special damages, incidental damages, punitive damages, business interruption, or lost data or information) arising out of your use of or inability to use the Nanolume Media, even if Nanolume has been advised of the possibility of such damages whether based in contract, tort or otherwise.
EXCEPT SOLELY TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM LIABILITY OF NANOLUME (AND ITS OWNERS, EMPLOYEES, AFFILIATED COMPANIES AND OTHER AGENTS), FOR ANY CLAIM BY YOU ARISING FROM OR RELATED TO YOUR USE OF THE NANOLUME MEDIA AND YOUR DATA, WHETHER ARISING IN TORT, CONTRACT, UNDER APPLICABLE LAW OR OTHERWISE, SHALL BE A REFUND OF THE PURCHASE PRICE OF THE APPLICABLE APPLICATION IN RELATION TO WHICH THE CLAIM AROSE.
You agree that (1) Nanolume does not endorse and is not responsible for the substance, interpretation, reporting or accuracy of Your Data, (2) Nanolume is not a healthcare provider or provider of medical treatment and is not responsible for any health outcomes or medical treatment, including without limitation any outcomes or treatment based on the use of the Nanolume Media, (3) You are solely responsible, and Nanolume will not be liable for any damages, claims, or liability incurred as a result of any such data, outcomes or treatment.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR (1) USING THE NANOLUME MEDIA (INCLUDING WITHOUT LIMITATION THE APPLICATIONS), (2) THE MEDICAL TREATMENT OF ANY PATIENTS, AND (3) ANY AND ALL DIAGNOSES, ACTIONS, INACTIONS, OMISSIONS, HEALTHCARE, HEALTH OUTCOMES AND PRACTICES FROM, BY, THROUGH OR ON BEHALF OF YOU OR OTHERS ARISING FROM YOUR USE OF THE NANOLUME MEDIA. THE MEDICAL TREATMENT, OR LACK THEREOF, AS A RESULT OF USING THE NANOLUME MEDIA, INCLUDING WITHOUT LIMITATION THE MOBILE APPLICATION, IS YOUR SOLE RESPONSIBILITY.
YOU AGREE THAT: (1) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL THE APPLICABLE EMERGENCY SERVICES TELEPHONE NUMBER IN YOUR AREA OR COUNTRY (FOR EXAMPLE, 911 IS THE EMERGENCY SERVICES NUMBER IN MOST AREAS OF THE USA); (2) YOU WILL NOT LEAVE ANY MESSAGES WITH, OR SEND ANY EMAILS TO, NANOLUME WITH RESPECT TO YOUR MEDICAL CONDITION, AS NANOLUME IS NOT YOUR HEALTHCARE PROVIDER, IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES, AND CANNOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (3) DATA PROVIDED BY NANOLUME THROUGH THE SOFTWARE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (4) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (5) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE NANOLUME MEDIA; AND, (6) NANOLUME IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE.
Nanolume Media may, from time to time, include links to or feeds from external sites, including social media sites. As such, your postings or third-party postings on external sites may appear on Nanolume Media. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they shall be continuously available. The fact that we may include links to such external sites does not imply any endorsement of, or association with, their operators or content.
These Terms shall be governed by the laws of the State of Arkansas, and you agree that any dispute between us regarding them or the Nanolume Media shall only be dealt with by the federal and state courts in Garland County, Arkansas. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
All provisions and restrictions of these Terms that may reasonably be interpreted or construed as surviving the termination, shall survive the termination.
Please submit any questions you have about these Terms or any problems concerning the Nanolume Media by e-mail at firstname.lastname@example.org
[Updated: May 23, 2019.]