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User agreement My Pathomation


1. Introduction

You agree that by clicking “Submit”, “Join My Pathomation”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with My Pathomation (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.


Services

This Contract applies to My.Pathomation.com, My Pathomation-branded apps, Slide sharing, Mini-sites and other My Pathomation-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Share via My Pathomation” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.


My Pathomtion

You are entering into this Contract with My Pathomation (also referred to as “we” and “us”). This Contract applies to Members and Visitors. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy ) and updates. Members and Visitors When you register and join the My Pathomation SaaS platform you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”


Change

We may make changes to the Contract. We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.


2. Obligations

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.


Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy. If you create an account, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the closing of your account. Also, you agree that:


Sharing

Our Services allow sharing of WSI files via QR-codes and Hyperlinks. Where we have made settings available, to protect your WSI’s (e.g., Passwords and expiration dates). You own the content that you share. Remember to only use My Pathomation to share ( and store) microscopic imaging data.


3. Rights and Limits


Your license to My Pathomation

As between you and My Pathomation, you own the content and information that you submit or post to the Services, and you are only granting My Pathomation and our Affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:


Service availability

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.


Other content, sites and apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. My Pathomation generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information.
We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.


Limits

My Pathomation reserves the right to limit your use of the Services. LinkedIn reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts (section 8)).


Intellectual property rights

My Pathomation reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. My Pathomation, and “in” logos and other Pathomation trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Pathomation.


4. Disclaimer and limit of liability


No warranty

MY PATHOMATION AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MY PATHOMATION AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


Exclution of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS MY PATHOMATION HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), MY PATHOMATION, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. MY PATHOMATION AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO MY PATHOMATION FOR THE SERVICES DURING THE TERM OF THIS CONTRACT.


Basis of bargain; exclutions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and My pathomation and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if My Pathomation or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.


5. Termination

Both you and My Pathomation may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. You can send an Email to support@pathomation.com or open a ticket at helpdesk.pathomation.com to help you closing your account.


6. Governing Law and Dispute Resolution

  This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of Belgium (without giving effect to any otherwise applicable choice of law principles) applicable to contracts made and to be performed entirely within Belgium.


7. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that My Pathomation has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that My Pathomation may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.


8. My Pathomation “Dos and Don’ts”

Dos:

Don’ts:


9. Complaints regarding content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a copyright policy for complaints concerning content posted by our Members.


10. How to contact us

You can contact us by sending an Email to support@pathomation.com or by opening a ticket on helpdesk.pathomation.com.




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