Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by ViewsIQ or its affiliates (individually and collectively, the "Site").
You agree to and are bound by the terms and conditions below and in any modified or additional terms that ViewsIQ may publish in the future (collectively, the "Terms of Use"). By accessing or using the Service, you agree to be bound by everything in this Agreement and to the collection and use of your information as further detailed in the ViewsIQ Privacy Policy, whether or not you are a registered user of our Services.
If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate. If you do not agree to all the terms and conditions contained in the Terms of Use, do not access or use this Site.
In this Agreement, “Subscribers” are the staff, colleagues or team members of a ViewsIQ paying "Customer" who has granted access to the Subscriber to use the Service for the sole purpose of viewing a slide scan.
The term of this Agreement begins on the date your Account is activated and continues on a month-to-month basis until either party terminates this Agreement in accordance contained in this Agreement.
The ViewsIQ Panoptiq™ portal allows ViewsIQ customers with valid license agreements to share slide scans with selected individuals. The individuals, if not already a ViewsIQ customer, subscribe to the Panoptiq™ portal and are able to view the scans that have been shared.
The Service includes access to email support with reasonable efforts by ViewsIQ to respond within two business days.
Content – The Content published by ViewsIQ through the Service, this Site, including, but not limited to, HTML/CSS, JavaScript, visual design elements, concepts, and copy are copyright © ViewsIQ Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the Content without express written permission from ViewsIQ. All Content uploaded or published by you via the Service must comply with copyright laws in your jurisdiction.
Customer and Subscriber Data – Customer and Subscriber data ("Data"), pertaining to scans or any derivatives stored in the Service will remain the sole and exclusive property of the Customer and Subscriber. ViewsIQ is provided a license to the Data for the sole and exclusive purpose of providing the Services, including a license to store, record, transmit, maintain, and display the Data as necessary for the delivery of the Service. Other than its security obligations below (Security of Data), ViewsIQ assumes no responsibility or liability for Data, and the Subscriber shall be solely responsible for the consequences of using, disclosing, storing, or transmitting it.
Sensitive Subscriber Data - Unless the Customer and Subscriber has entered into a written agreement with us to the contrary, the Customer and Subscriber acknowledges that we are not a Business Associate or subcontractor (as defined in HIPAA). The Customer and Subscriber must not submit, collect or use any “Personal Health Information” as defined in 45 CFR §160.103 (“PHI”) of US Law, with or to the Service. The Customer and Subscriber agrees that we have no liability for PHI received from the Customer and Subscriber.
Access to Customer and Subscriber Data ("Data") – The operation of the Services requires that some ViewsIQ employees have access to the systems which store and process Data. For example, to diagnose a problem a Customer or Subscriber is having with the Service, we may need to access the Data. These employees are prohibited from using these permissions to view the Data unless it is necessary to do so and if required will do so in compliance with the ViewsIQ Security and Privacy Policy.
Security of the Data – the ViewsIQ service is built as a multi-tenant, Software-as-a-Service platform. The Data is secured between Customers and Subscribers. Sharing of information with Subscribers is possible within the platform through the Customer granting external access, but this function can only be enabled by the Customer wishing to share data, not another Subscriber or ViewsIQ.
You may terminate this Agreement at any time by ceasing all use of the Service and notifying ViewsIQ through your Account. ViewsIQ may terminate this Agreement and your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, if it believes, in its sole judgement, that you have breached or may breach any term or condition of this Agreement.
ViewsIQ can terminate the Service immediately as part of a general shut down of our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Removal of Subscriber Data – In the event your Account is terminated all Subscriber Data may be permanently deleted after 14 days. Prior to Subscriber Data being deleted, provisions can be made to allow access to an export of your Subscriber Data by request via email to support@viewsiq.com
ViewsIQ will continue to change the Service over time as we refine existing features and add more features. We do our best to provide you a reliable service, but we may change, terminate, or restrict access to any aspect of the Service, at any time, without notice. We may also remove any content from the Service at our discretion.
ViewsIQ reserves the right, at any time, and from time to time, to change its prices and billing methods for the Service, subject to 30 days’ notice from us. Such notice may be provided at any time by posting on the ViewsIQ web site (www.viewsiq.com), the Service itself, or by email to you, the Subscriber.
ViewsIQ shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
All ViewsIQ intellectual property, its right and title remain solely with ViewsIQ, including all trademarks, service marks, graphics and logos used in connection with ViewsIQ or the Service. All intellectual property or trademarks provided by licensors or third parties remain the sole property of those parties.
The Service is provided by ViewsIQ on an “as is” and on an “as available” basis for your use at your sole risk. ViewsIQ will have no liability for any interruptions in the use or accessibility of this website. ViewsIQ disclaims all warranties including without limitation the information provided via this website, and any implied warranties of merchantability and fitness for a particular purpose. Only to the extent that the laws of any particular jurisdiction applicable to your dealings with ViewsIQ limit or do not permit the foregoing exclusions of implied warranties, are such exclusions inapplicable.
ViewsIQ WILL NOT be liable for any damages whatsoever, and in particular any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the use of the Service, including without limitation this website or the information contained in it, whether such damages arise in contract, negligence, under statute, in equity, at law, or otherwise. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to defend, indemnify and hold harmless ViewsIQ, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Service, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of ViewsIQ content, or your violation of any rights of another.
This Agreement, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by ViewsIQ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Use of the ViewsIQ Service is governed by the federal and provincial legislation in force in the Province of British Columbia, Canada. Any legal action against ViewsIQ with regards to use of the Service shall be brought before the courts of the District of Vancouver in the Province of British Columbia.
We would love to hear your questions, concerns, and feedback about this Agreement or our Privacy Policy. If you have any suggestions for us, feel free to let us know at info@viewsiq.com
Any feedback, comments, or suggestions you may provide regarding ViewsIQ or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
This Terms of Use Agreement was last updated on June 27, 2017.
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