Date of Last Revision: September 1, 2017
Welcome to iLPixel, we provide you various solutions related to image checking consisting of websites, online service, image checking service, premium consulting service and file management that allows for checking of digital images over or off the internet. iLPixel’s online service, ImaChek, enables individuals (hereinafter, “Users”) using ImaChek to easily and effectively check the images within the images submitted by user his or herself. ImaChek is optimized for researchers to check and manage images for regular use before submission to institutions or publishers.
The ImaChek solution or service (collectively, “ImaChek” or “the Service”) are operated by iLPixel, a joint venture between iGroup (Asia Pacific) Ltd. and LPixel Inc., and its corporate affiliates (collectively, “us”, “we” or “the Company”).
- System Requirements
You acknowledge that there are certain system requirements that are necessary in order to use the Service, and you are financially and technically responsible for ensuring that these requirements are met. These system requirements are (a) full access to the Internet (TCPIP) and (b) a World Wide Web browser, either Google Chrome, Internet Explorer, Microsoft Edge, Safari.
- Account Information
In order to use certain aspects of the Site or the Service, you will have to register and create an account and obtain a password. You may never use another User’s account or password without permission, and you may only register, obtain a password or create an account for another User only as long as you are the administrator of the institution. In consideration of your use of the Site and Services, you agree to
- provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site (“Your Profile”);
- maintain the security of your password and identification;
- maintain and promptly update Your Profile, and any other information you provide to the Company, to keep it accurate, current and complete; and
- be fully responsible for all use of your account and for any actions that take place using your account. You agree that any information provided by you to us or our affiliates and suppliers will not violate any law or regulation or infringe the rights of any third party. You acknowledge and agree that the Company may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- respond to claims that any content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of iLPixel, its Users, suppliers, or the public.
- Materials Posted on the Site
You are solely responsible for accuracy and compliance with copyright laws with respect to Your Profile (including your name, image, and likeness), bibliographic data, electronic documents and other materials (collectively the “Materials”) you upload on or through the Service or the Site (hereinafter, “Post”). You may not Post Materials that you did not create or that you do not have permission to post. When in doubt, you should check with the original source of the Materials or the appropriate provider(s) of bibliographic databases and electronic documents either for the necessary permission or to ensure compliance with copyright restrictions. You affirm that your Materials do not contain any viruses, adware, spyware, worms, or other malicious code. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Materials you Post or store on the Site or provide to the Company.You understand that when using iLPixel, you will be exposed to materials from a variety of sources (hereinafter, “Other Materials”), and that iLPixel and the Company is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Other Materials. You further understand and acknowledge that you may be exposed to Other Materials that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
- License Grant to Upload
- License Grant to Download
- User Conduct
You understand that except for advertising programs offered by us on iLPixel, iLPixel is available for your personal, non-commercial use only. You represent, warrant and agree that no Materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through iLPixel will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.In addition, you agree not to use the Service or the Site to:
- use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in iLPixel;
- monitor or copy, or allow others to monitor or copy, our web pages or the content included herein, “frame” or otherwise simulate the appearance or function of iLPixel;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service or the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another User’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or Users to any harm or liability of any type;
- post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the iLPixel experience.
- cause an excessive usage of bandwidth.
The Company may terminate your membership, delete your information that you have provided to iLPixel and/or prohibit you from using or accessing iLPixel (or any portion, aspect or feature of iLPixel) for any reason, or no reason, at any time in its sole discretion, with or without notice.
- Access Levels
Certain Services enable you to specify the level at which such Services restrict access to your Materials. You are solely responsible for applying the appropriate level of access to your Material.
- International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
- Copyright Complaints
You are prohibited from uploading, posting or otherwise transmitting on or through iLPixel any Materials that violate another party’s intellectual property rights. When we receive proper notification of an alleged copyright infringement, we will terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any Material on the Site infringes upon any copyright which you own or control, you may send a written notification of claimed copyright infringement (hereinafter, “Notice”) to us, which must contain the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the Service or Site;
- Information sufficient to permit the Company to contact you, such as your physical address, telephone number and email address,
- A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, Users who are deemed to be repeat infringers. A repeat infringer is a User who has been notified by the Company of infringing activity violations more than twice and/or who has had their Materials or any other user-submitted content removed from iLPixel more than twice. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Use of Website
Your access to and use of the Site, the Materials and the Services is solely at your own risk. The Company will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, the Materials or the Services. You hereby agree and acknowledge that the Company may, in its sole and absolute discretion, establish rules and procedures setting limits on the use of the Site, the Materials and the Services that you may submit to the Site. Company hereby reserves to right to log off accounts that the rights of usage are expired.
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Materials and Content subject matter. You hereby agree that the Company may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
- Copyrights and Trademarks Information
- Disclaimer; No Warranties
iLPixel do not and will not store any of the submitted Materials except your personal information and images in its database.The Company is not responsible or liable in any manner for any Materials or third party applications, software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Materials or third party applications, software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes 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 communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any Materials or personal injury or death, resulting from anyone’s use of the Site or any Materials or third party applications or Content posted on or through the Site or the Service or transmitted to Users, whether online or offline.
THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE OR THE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Materials, any third party applications, software or Content you post or share on or through iLPixel, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.You also agree to indemnify and hold the Company harmless from and against any and all claims as a result of the use of the Site and the Service.
- Limitation of Liability
- Third-Party Sites
The Site, the Service, the Materials and the Content may include links to third party Internet sites, online offerings or resources that are not under control of the Company and the Company is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through such linked sites. Access and use of linked sites, including information, material, products and services on linked sites, or available through linked sites is solely at your own risk.
- Injunctive Relief
You agree that the Company will have the right to obtain an injunction against any unauthorized use of the Site or the Service by any User, in addition to any other rights and remedies to which the Company may be entitled.
- Governing Law; Venue and Jurisdiction
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Definitions and Constructions
The Agreement and all related documents have been drawn up in English and the English version of this Agreement shall be the sole version used in interpreting and enforcing this Agreement.
Please agree to the conditions as outlined below when accessing the Site and/or the Service:
- You are required to agree to the Terms and Conditions when accessing the Site and/or the Services provided by iLPixel
- iLPixel shall not take responsibility for the results generated by the Services
- You shall take full responsibility for the results when using the Site and/or the Service. iLPixel will not compensate for any losses caused by the Services nor the results of the Services.
- You must obtain permission from iLPixel if you want to use the Site and/or the Services on a commercial basis.
- If you publish the results of the Servicess, please clearly write “The result(s) generated by iLPixel’s service name.” For example, “The results generated by iLPixel’s ImaChek Pro”.
- You are strictly prohibited from using the Site and/or the Services to conduct image analyses that may harm third parties or violate public orders.
- iLPixel reserves the right to use and manage the information acquired from the service at all times.
- iLPixel may add new functions or terminate the distribution of certain functions or the service as a whole without prior notice.
- Please report to iLPixel immediately if you encounter any technical difficulties when using the service.