App Terms and Conditions
IMPORTANT INFORMATION REGARDING RESPONSIBILITY FOR IMAGE DATA: You are responsible for any images that you choose to load onto the app. All images are fully encrypted on your phone and in the Microsoft Azure Cloud. The main point of security weakness will be your password for the app. Newcastle Hospitals takes no responsibility for security breaches due to account access via your selected password. As the creator of the images, you are the data controller which means that you have responsibility for the data. All of the images are stored in the Microsoft Azure Cloud which has full authorisation for storage of NHS data. Microsoft Azure is a data processor which means they handle the encrypted image data that you upload. Microsoft take full responsibility for the security of your data. Newcastle Hospitals is the account holder for the MySkinSelfie Microsoft Azure account, and we trust and contract Microsoft to keep your data safe.
We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Service by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such content.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content posted by you. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Service if we determine, in our sole discretion, that you pose a threat to the Service and/or its users.
After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By supplying Content to any area of the Service, you automatically grant to us for purposes of maintaining the Service, making Content available, and you represent and warrant that you have the right to grant an irrevocable, transferable, sublicensable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content, including mobile applications that may be created using the Service.
USE OF MYSKINSELFIE WHEN ASKED TO SHARE IMAGES BY A HOSPITAL OR CLINIC. You remain the owner of your images stored within the app. If you are referred to a clinic with a skin problem, you may be asked to use MySkinSelfie to take skin images and then share them with the clinic who will provide a clinic code for this. The clinic will explain why they want you to share images and what they will do with the images. When you share access to your images in almost all cases the clinic will download images that they use to make a clinical decision. These images will then form part of your medical record at that clinic or hospital. If you do not wish your images to be downloaded into your medical record, then you should not share access to them with a clinic.
ONLINE BEHAVIOR. The Service is a mobile application designed to help you to record consistent images of skin lesions and other skin problems. MySkinSelfie is currently a self-contained app that only you have access to via your passwords. The SkinSelfiePortal allows you to share image folders with other users and the ability to invite other users to comment on your photos. You should not post Content to the Service that is inappropriate for or unrelated to this mission. The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Service. Prohibited Content includes, but is not limited to Content that:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
harasses or advocates harassment of another person.
exploits people in a sexual or violent manner.
contains nudity of a sexual nature, violence, or offensive subject matter or contains a link to an adult website.
solicits personal information from anyone under the age of 21 years.
provides any telephone numbers, street addresses, last names, URLs or email addresses.
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”.
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
solicits passwords from other users or personal identifying information for commercial or unlawful purposes from other users.
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
or includes a photograph or video footage of another person that you have posted without that person’s consent or other third-party content including but not limited to music, trademarks, logos, artwork or any other copyrighted, trademarked, or proprietary third-party content that you have not secured permission to include on the Site.
If you wish to report any Content or conduct on the Service that you believe is inappropriate, please contact us at email@example.com.
NO CONTENT MONITORING.
LINKS. This Service may contain links to other web sites not maintained by us (including without limitation Facebook, Twitter and other social media platforms). We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.
The existence of a link between this Service and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.
You agree that we shall not be liable to you or anyone else for any type of loss or damages, regardless of whether based on contract, negligence, intentional wrongdoing, or liability without fault for any costs, losses, or damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential, or punitive) arising out of or in any way in connection with your access to or use of any such third party site.
NO WARRANTIES. The Service, including all content made available on or accessed through the Service, is provided “as is” and we make no representations or warranties of any kind whatsoever for the content made available through the Service. The Service may contain typographical errors and you agree that we shall not be bound by any such errors.
Further, to the fullest extent permissible by law, we disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose.
We do not warrant that the functions contained in the Service or, materials or content contained therein will be completely secure, uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.
We shall not be liable for the use of the Service, including, without limitation, the content and any errors contained therein provided by third parties.
In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental, or other consequential damages, lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, each of which is hereby excluded by agreement of the parties regardless of whether or not we have been advised of the possibility of such damages.
JURISDICTION AND GOVERNING LAW. English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
WITHDRAWAL OF SERVICE. If MySkinSelfie were to close down all users would be given 3 months’ notice of withdrawal of service. Users will have the opportunity to request a download of any images stored in the system. All data will be stored for 1 year later the final closure date and after this time the data will be deleted.
CONTACT INFORMATION. Should you have any questions, you may contact us at firstname.lastname@example.org.