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Last modified: October 1, 2019
Thank you for using LPIXEL’s ImaChek services (“Services”). The Services are provided by LPIXEL Inc. (“LPIXEL”), located at 1-6-1 Otemachi, Chiyoda-ku, Tokyo, 100-0004, Japan.
The Services means image analysis as a service for any researchers via cloud computing infrastructure.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using the Services
You shall follow any policies made available to you within the Services.
You shall not misuse the Services. For example, you shall not interfere with the Services or try to access them using a method other than the interface and instructions provided by LPIXEL. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. LPIXEL may suspend or stop providing the Services to you if you do not comply with the terms or policies, or if LPIXEL conduct investigations for your suspected misconduct.
Using the Services does not give you ownership of any intellectual property rights of the Services. These terms do not grant you the right to use any branding or logos displayed in the Services. You should not remove, obscure, or alter any legal notices displayed in or along with the Services.
In connection with your use of the Services, LPIXEL may send you service announcements, administrative messages, and other information. You may opt out from receiving these notifications.
Your ImaChek Account
You may need an user account (herein after called ”ImaChek Account”) in order to use some of the Services. You may create your own ImaChek Account, or your ImaChek Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an ImaChek Account that was assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
To protect your ImaChek Account, keep your password confidential. You are responsible for the activities that occur on or through your ImaChek Account. You shall avoid reusing your ImaChek Account password on third-party applications. If you recognize any unauthorized use or access in connection with your password or ImaChek Account, you shall notice and report situation you are involved to LPIXEL immediately.
ImaChek’s Privacy Policies describe how LPIXEL handle your personal data and protect your privacy when you use the Services. By using the Services, you agree that LPIXEL can use such data in accordance with the Privacy Policies. You may not upload data including privacy data if you use the Services in order to avoid violation of applicable laws and regulations related to personal data all over the world.
Your Image Data in the Services
The Services allow you to upload, submit, store, send or receive image data to use this Service. You retain ownership of any intellectual property rights that you hold in that image data. In short, what belongs to you stays yours.
By uploading, submitting, storing, sending or receiving image data to or through the Services, you grant LPIXEL (and third parties working with LPIXEL) a worldwide license to use such image date for machine learning in the Service analyzing for improving the Services and developing and creating new functions for the Service. In addition, LPIXEL shall be entitled to post such image data in LPIXEL’s website and any media operated by a third party for free. This License shall be used only for improving the Service and developing new services. This license is preserved even if you stop using the Services. Some Services may offer you ways to access and remove image data that has been provided to that Service. Also, in some of the Services, there are terms or settings that narrow the scope of LPIXEL’s use of the image data submitted in those Services. You shall make sure that you have the necessary rights to grant LPIXEL this license for any image data that you submit to the Services.
You shall not use the Service in any manner or for any purpose other than as expressly permitted by these terms. You shall not or shall not attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the contents of the Service(hereinafter called “Contents”) (except to the extent software included in the Contents are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Contents or apply any other process or procedure to derive the source code of any software included in the Contents, (c) access or use the Contents in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) upload to the Services any data including any computer virus or programs to harmful to the Services.
All licenses to use the Services granted to you in these terms are conditional on your continued compliance these terms, and will immediately and automatically terminate if you do not comply with any terms or condition of these terms.
About the Software in the Services
If you pay the fee indicated in invoices LPIXEL sends to you via email or any other ways, LPIXEL gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by LPIXEL as part of the Services. The sole purpose of this license is to enable you to use and enjoy the benefit of the Services as provided by LPIXEL, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have written permission from LPIXEL.
Modifying and Terminating the Services
LPIXEL is constantly changing and improving the Services. LPIXEL may add or remove functionalities or features, and may suspend or terminate Services altogether.
You can stop using the Services at any time. LPIXEL may also stop providing Services to you, add or create new limits to the Services at any time.
Warranties and Disclaimers
LPIXEL provides the Services using a commercially reasonable level of skill and care, and hopes that you will be satisfied with using them. However, there are certain things that LPIXEL do not promise and guarantee about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LPIXEL NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, LPIXEL DOES NOT MAKE ANY COMMITMENTS ABOUT THE IMAGE DATA WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. LPIXEL PROVIDES THE SERVICES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, LPIXEL EXCLUDES ALL WARRANTIES.
AS FAR AS PERMITTED BY LAW, LPIXEL, AND LPIXEL’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LPIXEL, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES.
IN ALL CASES, LPIXEL, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Using the Services for Business
If you are using the Services for any third party’s business, you shall have the third party accepts these terms. you shall have such third party hold harmless and indemnify LPIXEL and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
LPIXEL shall not be liable to you for any delay or failure of LPIXEL to perform its obligations herein if such delay or failure arises from any cause or causes beyond the reasonable control of LPIXEL. Such causes shall include, but are not limited to, acts of God, war, terrorism, floods, fires, earthquake, cyberattacks LPIXEL can not control, loss of electricity or other utilities, or delays by you in providing required resources or support or performing any other requirements to use the Service.
About these Terms
LPIXEL may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to the Services. You shall look at the terms regularly. A notification will be posted on this page should any modifications be made to these terms. LPIXEL will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than thirty (30) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between LPIXEL and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and LPIXEL does not take action right away, this does not mean that LPIXEL is giving up any rights that it may have (such as taking action in the future).
If it turns out that a particular provision is not enforceable, this will not affect any other terms.
The laws of Japan, excluding conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the district courts of Tokyo, Japan and you and LPIXEL consent to personal jurisdiction in those courts.