Terms of Use

Overview

Through the Lens, Inc. (“we,” “us,” or “TTL”) is a provider of digital image management solutions, that has designed and implemented the online service “ImageStore for Healthcare” which allows doctors and other healthcare providers to upload, manage, distribute, and allow access to patient images (the “Service”) through the website located at http://www.imagestoreforhealthcare.com, http://www.imagestore.md and https://prod.imagestore.md (the “Website”). By using the Service and the Website, you agree to be bound by these Terms of Service (this “Agreement”). In order to open an account (an “Account”) on the Website, or to use the Service under an existing Account, you must read this Agreement and indicate your acceptance of its terms by following the instructions on the “Registration” page, and checking the box labeled “I agree to the ImageStore Terms of Service.”

This Agreement sets out the legally binding terms of your Account and/or your use of the Service and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Service after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy, HIPAA Compliance Policy, and any notices regarding your Account or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the Website.



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Eligibility

You must be eighteen years of age or older and have a valid credit card to create an Account. You must be the person in whose name the applicable credit card is issued and who is financially responsible for a valid, current Account (an “Account Holder”) or be a registered Associate Member (a “Member”) under a current Account Holder's Account (see Section 7 below) in order to log in and use the Service. Whether you are an Account Holder or Member, by agreeing to these terms and by using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

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Term

This Agreement will remain in full force and effect while your Account is open or you use the Service. You may terminate your Account and/or discontinue use of the Service at any time, for any reason by following the instructions on the Manage Account page. We may terminate your Account for any reason, at any time. If we terminate your Account because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your Account is terminated, certain sections of this Agreement will remain in effect. See Section 14 below for a list of the provisions of this Agreement that will survive the termination of your Account.

 



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Use of the Service

At all times during the term of this Agreement, you must use the Service in a manner consistent with any and all applicable laws and regulations, including HIPAA and the Security and Privacy Rule (as each such term is defined in our HIPAA Compliance Policy


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Proprietary Rights in Content

  1. Rights in Content Uploaded by TTL, Account Holders or Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted and trademarked material, including written material, software, compilations of individual data, links trademarks, and other proprietary information of TTL and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.

  2. Rights in Content Posted by Account Holders and Member. By uploading and displaying (collectively, “Posting”) any photos, text, links, or other data or information (collectively, “Content”) to or on the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TTL an irrevocable, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content solely to provide the Service. Such license will terminate upon termination of this Agreement.

 




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Content Posted by Account Holders and Members to the Service

  1. Removal of Content. Although we do not review and monitor Content that you Post to the Service, in the event that we receive any notice from any third party that any Content Posted to the Service by any Account Holder or Member (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any person, we, in our sole judgment, may remove or block access to any such Content.

  2. Member Responsibility for Content. You are solely responsible for the Content that you Post to the Service, or transmit or display to any third party.

  3. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Service. Posting of any of this Content by you may, in our sole discretion, result in termination of your Account. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the Service and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
    • is patently offensive to the community to which such Content is transmitted or displayed by an Account Holder or Member transmits it, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
    • includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
    • constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to Content which otherwise violates the terms of Section 6 below;
    • displays pornographic or sexually explicit material of any kind;
    • includes material that exploits people under the age of 18 in a sexual or violent manner; or
    • provides instructional information about illegal activities.

    Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 9 and 10 below for further limitations on our liability.

 



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Copyright Protection Policy

You may not Post or use the Service to distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted to or through the Service in a way that constitutes copyright infringement, please contact us.



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Terms of Accounts

  1. In order to create an Account, each Account Holder must have a valid credit card. Fees for use of the Service (“Service Fees”) are billed monthly in advance according to our Service Fee Schedule. The applicable Service Fee will be selected by the Account Holder at the time the Account is created, and will be based on the permitted number of images Posted to the Service by the applicable Account Holder and all Members using the Account during each calendar month. Please note that Service Fees are based on the number of images Posted to the Service, regardless of the size of any such image, the aggregate storage spaced used by an Account or the number or size of any images removed from the Service during any month. In the event that any Account Holder or Member exceeds the permitted number of Posted images in any month, we reserve the right, in our sole and absolute discretion, to limit or deny the Posting of any additional images in such month, or to block access to the Service by the applicable Account Holder and Member(s) until any delinquent Service Fee has been paid, or until the applicable Service Fee level has been adjusted to accommodate such Posted images. Please see our Service Fee Schedule for our current policy with regard to image Posting overages.

  2. If you are an Account Holder, you understand that your Account is personal to you, and may be accessed only by you and the Members registered under your Account. You may not transfer, provide access to, or otherwise make available your Account, including your Registration Information (as defined in subsection (c) below) to any other person or entity, including without limitation your co-workers or employees, unless such person or entity is a Member registered under your Account. Any distribution by you of your Registration Information may result in cancellation of your Account without refund and in additional charges based on unauthorized use. From time to time the Service may change, without prior notice.

  3. During the Account registration process you will, as the Account Holder, define for each permitted Member, a unique Member ID, and create a password (collectively, your “Registration Information”). Because any activities that occur while logged in under your Registration Information are your responsibility, it is important for you to keep your Registration Information secure. You must notify us immediately if you believe that someone has used any of your Registration Information without your authorization. See Section 8 below for more information on your responsibilities with regard to the security and privacy of your Account and/or your Registration Information.

  4. Service Fees exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible under applicable law, each Account Holder is responsible for any applicable taxes, whether or not they are listed on any receipt or statement. Each Account Holder agrees to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable Service Fee and taxes (if any) set forth on the Service Fee Schedule. We reserve the right, upon prior notice to the applicable Account Holder, to change the amount of any Service Fees and to institute new Service Fees, effective at the end of the current month, or the applicable Account Holder's current subscription period (if any). All authorized charges will be billed to the Account Holder's designated credit card account (or other payment method) on the terms described in the Service Fee Schedule. If payment cannot be charged to an Account Holder's credit card or any payment is returned to us for any reason, we reserve the right, in our sole and absolute discretion, to either suspend or terminate access to the unpaid-for Account.

  5. At the beginning of each subscription period, we will automatically charge each Account Holder's credit card at the then-current Service Fee rate using the credit card information we have on file for such Account. Unless an Account Holder provides us with prior notice that such Account is being cancelled, we may automatically charge each month's Service Fee in advance without further authorization from the Account Holder. Please note that even if you provide us with notice that you are terminating your Account, it will not affect charges submitted before we can reasonably act to terminate such Account and stop such automatic charges.

 



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HIPAA Compliance

In addition to the obligations in this Agreement, each of us has specific legal obligations under Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Accordingly, all use of the Service is governed by our HIPAA Compliance Policy. Our HIPAA Compliance Policy is part of this Agreement; therefore, please make sure you have read, understand and agree to those terms before you proceed with opening an Account or using the Service.

 

PLEASE NOTE THAT THE TERMS OF THIS AGREEMENT RELATE ONLY TO THE USE OF THE SERVICE BY ACCOUNT HOLDERS AND MEMBERS IN THE TRANSMISSION, UPLOADING AND STORAGE OF ELECTRONIC PATIENT HEALTH INFORMATION OR “EPHI” (AS DEFINED IN HIPAA) TO OR ON THE SERVICE. YOU ARE RESPONSIBLE FOR ALL SUCH EPHI TO THE EXTENT THAT IT IS STORED ON OR SENT THROUGH ANY ELECTRONIC MEDIA THAT IS OUTSIDE OF OUR CONTROL (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER EQUIPMENT OR INTERNET CONNECTION USED BY AN ACCOUNT HOLDER OR MEMBER TO ACCESS THE SERVICE). SPECIFICALLY, TTL WILL NOT BE RESPONSIBLE FOR (1) ANY ADMINISTRATIVE, TECHNICAL, OR PHYSICAL SAFEGUARDS WITH REGARD TO THE ELECTRONIC MEDIA USED TO STORE OR TRANSMIT EPHI OTHER THAN THE ELECTRONIC MEDIA THAT IS IN OUR SOLE CONTROL, OR (2) ANY UNAUTHORIZED USE OR DISCLOSURE OF ANY SUCH INFORMATION WHILE NOT IN OUR SOLE CONTROL.



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Disclaimers

  1. We are not responsible for any incorrect or inaccurate Content Posted to or on the Service, whether caused by Account Holders, Members, our corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Service.

  2. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY ACCOUNT HOLDER OR MEMBER. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON OR TO THE SERVICE OR TRANSMITTED TO ANY ACCOUNT HOLDER, MEMBER, OR THIRD PARTY, WHETHER ONLINE OR OFFLINE.

  3. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Service, any Account Holder, any Member, or any other person related to or resulting from use of the Service, viewing or downloading any Content on or from the Service, or otherwise in any way in connection with the Service. THE SERVICE IS PROVIDED “AS-IS” AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 



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Limitation on Liability

Notwithstanding any other provision of this Agreement, and except as otherwise required by applicable law, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by the applicable Account Holder to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Service, even if we have been advised of the possibility of such damages.



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No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Account Holder or Member.



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Survival

Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 4 (Proprietary Rights in Content), Section 7 (Terms of Accounts), Section 8 (HIPAA Compliance), Section 9 (Disclaimers), Section 10 (Limitation on Liability), Section 11 (Disputes), Section 12 (Indemnity), this Section 14 (Survival), and Section 15 (Other).



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Other

You will be deemed to have accepted the terms of this Agreement as an Account Holder upon your creation of an Account, or as a Member upon your use of the Service. This Agreement, together with our Privacy Policy, HIPAA Compliance Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.



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Contact us

Please contact us with any questions regarding this Agreement.

“ImageStore” and “ImageStore for Healthcare” are trademarks of Through The Lens, Inc.



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