NANOLUME® APP PREVIEW
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 contained therein, or accessible through the Applications. 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, do not install, download, use or access the Nanolume Media. 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.
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of, the Nanolume Media, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.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 content from the Nanolume Media on a computer or mobile device, print pages from the Nanolume Media and store 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 these data, and the transfer of this information and 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, you are not allowed to:
- reverse engineer, decompile, disassemble 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, except that you may record instances and characteristics of pain, the location of pain, or other data related to pain and its treatment, the analyses of these data, and the transfer of this information and data to others in accordance with these and any terms displayed in connection with accessing the relevant features, parts or content, provided any such disclosure is in compliance with HIPPA regulations, and any other applicable regulation or privacy requirement;
- 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 to violate HIPPA regulations or any other regulation or privacy requirement;
- add to, remove or change any content of the Nanolume Media 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.
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 firstname.lastname@example.org.
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 contacting 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.
Intellectual Property Rights
Nanolume Media may be 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 their 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), 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, act to remove or disable 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 prove that you have rights to the materials.
Content and Its Intended Use
We may change the format and content of the Nanolume Media 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 any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.
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’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. 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 RESPECTING ANY HARM.
Limitation of Liability
In no event shall Nanolume (nor the developers of Nanolume Media) be liable for any damages (including, without limitation, lost profits, business interruption, or lost 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. In no event shall Nanolume (nor the developers of Nanolume Media) be liable for loss of data or for direct, indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Nanolume (or the developers of Nanolume Media) shall have no liability with respect to the content of the Nanolume Media or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You agree that (1) We do not endorse and are not responsible for the substance, interpretation, reporting or accuracy of the data that may be collected, analyzed, provided or processed, (2) We are not a healthcare provider or provider of medical treatment and are 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 (4) We 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 911 IMMEDIATELY; (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 email@example.com.
Nanolume, LLC (“NL”) is committed to respecting and protecting your privacy and security online. Nanolume has various online resources that you can access. These include the Nanolume websites (“Websites”), the Nanolume® social media resources (“Social Media”), and the Nanolume® mobile applications (whether for iPhone®, iPad®, other iOS devices, or Android® OS devices, or any other devices) (“Applications”). You may also enter certain transactions with NL or related parties (“Transactions”). The Websites, Social Media, Applications and Transactions are referred to as the “Nanolume Platform.”
Regardless of what resources you use to access the Nanolume Platform, we want to make you comfortable with our privacy practices and the security measures we take to protect your personal information. While we’ve structured the Nanolume Platform so that, in general, you can use the Nanolume Platform without identifying yourself or revealing any personal information, you may be required to provide personal information to access certain secured and detailed information and/or enter certain transactions.
What Personal Information Do We Collect?
On the Nanolume Platform, you may be able to provide personal information, such as an email and physical address, which NL may collect and store. Entering certain transactions may require or allow you to input other personal information such as credit card numbers, bank account numbers and other secure information. Information that you submit for your sole personal use through NL’s services and applications is encrypted to prevent unauthorized access, and NL does not access the unencrypted information without your permission, for example, where you ask NL for help in accessing your information. NL further uses its best efforts to prevent unauthorized access to the information by third parties.
It is important for you to note that NL does not collect or have the ability to access the pain-related data and diary entries (collectively, “Private Notes”) that you generate on the Nanolume Platform. This data stays on the electronic device that you use to access the Nanolume Platform, unless you permit it to be transmitted to others, such as choosing to email it to a healthcare provider, or allowing it to synchronize with a third-party service, such as the iCloud® service. The Nanolume Platform does allow you to create a “screen capture” or “screen photo” of your Private Notes and any other data you have entered. This data is not stored by NL, but may be stored by your electronic device, or uploaded to a third-party service by your electronic device, such as the Apple® Photostream feature. It’s your responsibility to control where this data goes, your device settings, and any possible distribution of this data.
Because NL does not collect your Private Notes, if you lose or erase your data, your Private Notes will not be retrievable by NL. NL IS NOT RESPONSIBLE FOR ERASED, LOST, OR STOLEN DATA INCLUDING PRIVATE NOTES, WHETHER OR NOT CAUSED BY A MALFUNCTION OF THE NANOLUME PLATFORM, USER ERROR, A NETWORK OR DEVICE BREACH, OR ANY OTHER CAUSE.
In addition, our Web server storage logs can collect the domain names, internet protocol addresses, the types of web browsers, and certain click stream data of visitors to the Nanolume Platform. This information is used only internally. For example, this information may be aggregated to measure number of visits, average time spent on the Nanolume Platform, pages viewed, etc. In addition, this information may assist NL in diagnosing problems with and administering the Nanolume Platform. We may use this information to measure the use of the Nanolume Platform and to improve the content of the Nanolume Platform, such as through customization for a particular user.
Periodically, NL may conduct surveys, contests, promotions and the like on the Nanolume Platform, and NL may give you the opportunity to participate in these. Participation may require that you submit certain personally identifiable information to NL, and NL will collect and store this information; however, any participation is strictly voluntary and not required to continue use of the Nanolume Platform, applications, and services, so you have a choice whether or not to submit this information.
Who is Collecting the Personal Information?
How Do We Use the Information We Get?
NL uses your information to better understand your needs to provide you with personalized and customized services and products. With respect to transactions, NL’s goal in collecting personal information is to facilitate order processing and to enable us to contact you if a problem arises with your order. Providing such information when making a purchase is required. Specifically, we use your information to help you complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize the Nanolume Platform for you, and to provide other services.
The Nanolume Platform may also contain optional surveys and questionnaires asking for information, as well as several opportunities for visitors to ask questions. We use the information you provide to help us develop and provide better products, to customize your experience, and to provide advice and other recommendations. We may also use your information to contact you for market research or to provide you with marketing information we think would be of particular interest. Taking part in any of these segments is optional. You have the opportunity to opt out of receiving such direct marketing or market research contact. For example, if you want to be removed from a mailing list, please contact us by email at firstname.lastname@example.org. We will also follow local requirements, such as allowing you to opt in before receiving unsolicited contact, where applicable.
Finally, NL can conduct research on our users’ demographics, interests, and behavior based on the information provided to us when you are requesting information, making a purchase, participating in a promotion, and/or from surveys and our server log files. We do this to better understand and serve our users. This research is compiled and analyzed on an aggregated basis so as to prevent identification of personal information relating to any one individual.
Who Can We Share the Personal Information With?
What are Cookies?
A cookie is a piece of text asking permission to be placed on your computer’s hard drive. If you agree, then your computer adds the text in a small file. The purpose of a cookie is to help us analyze Web traffic or let us know when you visit a particular site. Cookies allow a Web application to respond to you as an individual. By gathering and remembering information about your preferences, the Web application can tailor its operation to your needs, likes and dislikes. In addition, cookies can assist NL in tracking what products you are planning to purchase, i.e., what products are in your shopping cart, as well as to track your progress and number of entries in some of our promotions and contests.
NL can also use traffic log cookies to identify what pages are being used and which ones are not. We use this information to understand how our users navigate the Nanolume Platform, and to determine common traffic patterns. We may also use this information to better personalize the content, banner ads, and promotions that you and other users will see. This use allows us to make improvements to the Nanolume Platform to better meet customer needs.
You also have choices with respect to cookies. By modifying your browser preferences, or the settings on your electronic device that you use to access the Nanolume Platform, you may set an option to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those services or engage in activities that require the placement of cookies.
What Choices Do I Have Regarding Collection, Use and Distribution of My Information?
As previously stated, we will also provide you the opportunity to let us know if you do not wish to receive unsolicited direct marketing materials from us and we will endeavor to honor such requests. For example, NL or the third parties it uses may, from time to time, send you e-mail or direct mail regarding our products and services. If you do not want to receive such information, simply tell us when you give us your personal information, or follow the directions contained on it to remove your name from our mailing list. Occasionally these promotion-related e-mail messages may include targeted advertisements. If you do not wish to receive such advertisements, you can choose not to participate in such promotions or contests. If you ever have questions regarding an e-mail you receive from NL or one our business partners, or want to be removed from a mailing list, please contact us by email at email@example.com.
What Security Measures are Used by NL?
We protect the personal information you share with us. For example, if you make an online purchase with us through use of a credit card, we encrypt your credit card number. As a result, access to your personal information is limited to people who need it to do their job. If we store your personally identifiable information, including financial information and passwords, such personally identifiable information is encrypted and password protected. When you use the Nanolume Platform to create Private Notes, this information is stored on your electronic device and whether it is encrypted or password protected is controlled by you and the settings you place on your electronic device, and not by NL.
The security of the information you provide to NL, or store on your electronic device, or transmit to others depends at least in part on the passwords you choose for aspects of the Nanolume Platform and your electronic device. Never disclose your passwords to anyone, and make sure you choose passwords that are not obvious to or easily ascertainable by another person. NL will never request that you send your password to NL via email, but you may be required to enter your password on the Nanolume Platform in order to access and use various features.
How do I Access, Determine the Accuracy of, and Correct My Information?
NL strives to keep your personally identifiable information accurate. We will provide you with access to your information, including making reasonable efforts to provide you with online access to data you provide to NL so that you may view, update or correct your information at the Nanolume Platform where it was submitted, or at the various third party sites. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections.
However, we need your help in making sure your personal information is correct in our systems. Please notify us of changes to your name, address, title, phone number, cellular phone number and email address, if NL has any of these data. If you would like to review, correct or change any personal information you have provided, or remove your name from our mailing lists or any messaging programs to which you have opted in, or would like to withdraw your consent to our use of your personal information, or if you are a resident of California and you would like to request the identities of third parties with whom NL has shared certain personal information in the immediately preceding calendar year under Section 1798.83 of the California Civil Code, then please contact us by email at firstname.lastname@example.org.
What Steps Has NL Take to Provide Children’s Privacy Protection?
NL takes special care to protect the privacy needs of children under the age of 13 and encourages parents to be an active participant in their child’s online activities and interests. Pursuant to the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect any information from anyone under 13 years of age. The Nanolume Platform is directed to people who are at least 13 years old or older. No information should be submitted to or posted on the Nanolume Platform by users under 13 years of age. If a child under the age of 13 submits personal information to the Nanolume Platform, we delete the information as soon as we discover the source of the submission and do not use it for any other purpose.
NL encourages parents to take an active role in their children’s use of the Internet and cellular telephones, and to inform them of the potential dangers of providing information about themselves over the Internet. We also recommend that parents help make a child’s online experience safer by teaching children never to give personal information, unless supervised by a parent or responsible adult, by knowing the sites your children are visiting and which sites are appropriate, and by looking Nanolume Platform privacy policies to know how your child’s information is treated. Children under the age of majority in any jurisdiction outside of the USA should not provide personal information to NL without their parent’s consent.
What If I Have Additional Questions or Comments?
Questions regarding this policy should be directed to us by email at email@example.com.