The Cellvizio iPhone Application
The Cellvizio® application for the iPhone is Mauna Kea Technologies' platform for probe-based Confocal Laser Endomicroscopy (pCLE). Discover state-of-the-art medical imaging technology via Cellvizio,® the world's smallest microscope, which gives real-time information at the cellular level, enabling more accurate disease surveillance and detection. Connect with the Cellvizio® community through the calendar, activate notifications to stay up to date on upcoming workshops and live shows, and browse the library of sample Cellvizio® videos.
CELLVIZIO MOBILE APPLICATION TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE CELLVIZIO APPLICATION AND SERVICE.
Mauna Kea Technologies provides this Cellvizio mobile application (the “Application”) and all users of the Application agree that access to, and use of, the Application is subject to these Terms of Use and applicable law. If you do not agree to these Terms of Use, please do not use the Application. These Terms of Use help us to provide you with the information, content and other features available through the Application. Your use of this Application shall be deemed to be an acceptance of these Terms.
1. General.
Mauna Kea Technologies provides this Application as an educational and informational tool for interested users. Certain content through this Application is derived from Cellvizio.net, a website operated by Mauna Kea Technologies for medical and other health care professionals. Although content accessible through the Application may have been submitted by medical and other health care professionals, all content provided through the Application should be regarded as general information and should not be relied upon for any specific diagnostic purpose or relied upon for the treatment of any individual.
Your access to this Application and its community areas is a privilege, and not a right. Mauna Kea Technologies reserves the right to suspend any user’s access to the Application at any time for reasons that include, but are not necessarily limited to, the failure to abide by these Terms.
Certain features of the Application may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other contact information for another valid communications device. By registering such information you authorize us to send you electronic communications in accordance with the settings specified with your account. In addition, certain features of the Application may utilize GPS or other location-based technology to confirm a registered user’s location for those features that are dependent on location verification, and you authorize the use with the Application of such GPS or other location-based technology. You should be aware that your wireless communications carrier may charge you applicable text messaging rates for each text message sent or received.
Mauna Kea Technologies may, from time to time, update the Application, which updating shall be at our sole discretion. We shall have the right at any time, in our sole discretion, to modify or delete features and to change the operating interface in the Application, or to change the hardware and computer system specifications necessary or recommended to operate or access the Application. We do not warrant the level of performance of the he Application, that newer versions of the Application will continue to be accessible in a user’s specific operating environment unless that environment conforms with the specifications applicable to such new version, or that earlier versions of the Application will continue to be accessible upon release of newer versions.
2. Disclaimers and Limitation of Liability
THIS APPLICATION DOES NOT PROVIDE MEDICAL ADVICE AND SHOULD NOT BE USED OR RELIED ON FOR ANY SUCH PURPOSE.
This Application and all information accessible through is provided on an "AS IS" basis without warranties of any kind, express or implied, including without limitation, any warranties of title, merchantability, fitness for a particular purpose, non-infringement or accuracy.
Mauna Kea Technologies relies on the authors and contributors of content items available through the Application to confirm the accuracy of the information and content presented, and therefore we act solely as a publisher and editor, and cannot warrant the accuracy of any content. You should be aware that professionals and others practicing in a given medical field may have different opinions. Because of this fact and also because of regular advances in medical research, we strongly recommend that you independently verify all information obtained through the Application.
Mauna Kea Technologies does not make any representations or warranties that the functions contained in the Application will be uninterrupted or error-free, that any defects will be corrected, that this Application or the server that makes the Application available are free of viruses or other harmful components, or as to the use of the materials on this Application in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
To the fullest extent permitted by applicable law, in no event shall Mauna Kea Technologies, its subsidiary, Cellvizio, or any of their respective subsidiaries, affiliates, officers, directors, managers, employees, agents, licensors or suppliers, or the editors or moderators of any of the content accessible through this Application and/or any contributors, be liable for injury or damage caused to any person or property, whether direct or indirect, special, incidental or consequential, resulting from use of this Application or the application of the information or content contained on or accessible through this Application.
3. Moderation of Content
Mauna Kea Technologies does not assume any responsibility to review any communications and materials posted to or created by users accessing the Application, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Application, Mauna Kea Technologies is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-generated content, communications or activities made available through the Application. However, Mauna Kea Technologies reserves the right to block, remove or modify communications or materials that it determines, in its sole discretion, to be (a) in need of being anonymized in conformance with applicable U.S. HIPAA regulations or other applicable regulations and laws, (b) not related to the general informational purposes for which the Application is provided or which are against the law, (c) abusive, defamatory, offensive, or obscene, (d) fraudulent, deceptive, or misleading, (e) in violation of any copyright, trademark or other intellectual property right or other rights of a third party, (f) in violation of these Terms, or (g) otherwise unacceptable to Mauna Kea Technologies in its sole discretion.
4. Scope of Permissible Postings of Content
You agree not to use the Application to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually oriented, libelous, invasive of another person's privacy, hateful, or otherwise objectionable. You also agree not to intentionally interfere with or disrupt this Application or the use by others of this Application.
We have no control over, and do not assume responsibility for, the content posted or made available through the Application and cannot ensure that content posted here will not be offensive or objectionable to you. Although we do not assume responsibility to monitor communications or content provided through the Application, any user who finds material posted by another user objectionable is encouraged to contact us, and we are authorized by you to remove or modify any content submitted by you for any reason that we believe in our sole discretion constitutes a violation of our policies.
In addition, because all information disclosed through this Application may thereby become known to other users of this Application, you should exercise caution when sharing any of your personal information.
5. Rights in Content Posted by You and License Grant to Other Users
With respect to content (whether in the form of text, graphics, photos, audios, videos, or otherwise) that you submit or make available for inclusion on this Application, you grant other users of this Application and Mauna Kea Technologies the worldwide, royalty-free, non-exclusive rights and licenses to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content. and to incorporate such content into other works and to create derivative works, in each case in any format or medium now known or later developed; provided, that any user of such content posted by you shall be required to give attribution to you in connection with their use of such content posted by you.
Subject to the foregoing grant of rights and licenses, all ownership of content posted by you shall remain with you.
6. Rights in this Application and Non-User Generated Content
Other than as to the rights associated with user generated content that are addressed in Section 5 above, all other content and features included in this Application, is copyrighted as a collective work under United States and other copyright laws, and is the property of Mauna Kea Technologies. The collective work includes works that are licensed to Mauna Kea Technologies. This Application and such non-user generated content are copyrighted by Mauna Kea Technologies, with all rights reserved.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material available from the different areas of the Application solely for your own use. You further agree not to change or delete any proprietary notices from materials downloaded through use of the Application.
7. Trademarks
All trademarks, service marks and trade names of Mauna Kea Technologies and its subsidiary, Cellvizio, used in the Application are trademarks or registered trademarks of Mauna Kea Technologies, Cellvizio or their respective affiliates.
8. Third-Party Links
In an attempt to provide increased value to Application users, this Application may link to websites or applications operated by third parties. However, even if the third party is affiliated with Mauna Kea Technologies, Mauna Kea Technologies has no control over these linked sites or applications, all of which have separate practices, and, as a result of which, Mauna Kea Technologies shall not be responsible. These linked sites and applications are provided only for your convenience and therefore your access to them is at your own risk. Nonetheless, Mauna Kea Technologies seeks to protect the integrity of its Application and the links placed upon it and therefore requests any feedback on not only its own Application, but also any sites that this Application links (including whether a specific link does not work).
9. Term and Termination
These Terms of Use are applicable to you upon your accessing the Application and/or completing the registration. These terms and conditions, or any part of them, may be terminated by Mauna Kea Technologies without notice at any time, for any reason. The provisions of Sections 2 and Sections 5 through 12 shall survive any termination.
10. Notices
Mauna Kea Technologies may deliver notice to you by means of e-mail, a general notice on the Application, or by other reliable method to the address you have provided to Mauna Kea Technologies.
11. Indemnification
You agree to indemnify, defend, and hold harmless Mauna Kea Technologies, Cellvizio, and their respective subsidiaries and affiliates, including their respective officers, directors, managers, employees, agents, licensors and suppliers, and the editors and moderators of this Application, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) or use of this Application by you or any other person accessing the Application using your account.
12. Miscellaneous
Your use of this Application shall be governed in all respects by the laws of the State of New York, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Application shall be in the state or federal courts located in New York, New York, U.S.A. Any failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
13. Cellvizio Video Courtesies
All BE sequences are courtesy of the DONT BIOPCE clinical trial.
All ERCP sequences are courtesy of the ERCP registry study and of Dr. Marc Giovannini.
All colon sequences are courtesy of Pr. Michael Wallace, Dr. Evelien Dekker and Dr. Emmanuel Coron.
