Terms of Use

Effective: 04JUN2019

As a registered user of this site (“Site”), you must establish an account. You agree that you will not share your password or other account login information with another individual; provided that you may share it with your employer if you are using the Site on your employer’s behalf. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Doheny Eye Institute (“DEI”) of any security breach of your account. Provided DEI has exercised reasonable skill and due care, DEI will not be responsible for any losses arising out of the unauthorized use of your account resulting from you not following these terms of use. You are responsible for violations of these terms of use by anyone using your account with your permission, or any unauthorized use as a result of your failure to use reasonable security precautions. Your use of the Site to assist another in activity that violates these terms of use is a violation of these terms of use. You agree to provide accurate and complete information when you register with, and as you use, the Site (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Registration Data may result in the suspension or termination of your account. You agree that DEI may store and use your Registration Data to maintain your account.

By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and our Privacy Policy, which is incorporated by reference into these terms, and to comply with all applicable laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, and related regulations (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, found in Title XIII of the American Recovery and Reinvestment Act of 2009, as amended, and related regulations (“HITECH”), and U.S. export and re-export control laws and regulations. You also agree to abide by all applicable obligations in any contract between you (or your company/institution) and DEI, and to abide by all applicable obligations in any contract between you (or your company/institution) and a sponsor using DEI for a study in which you (or your company/institution) are involved. If you do not agree to these terms, do not use this Site. This Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by DEI from its offices within the United States. DEI makes no representation that this Site or the materials contained in this Site are appropriate or available for use in other locations. It is prohibited to access this Site from territories where accessing or using this Site is illegal. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to this Site or use of this Site or the materials contained in this Site is governed by the laws of the state of California and you consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles County, California.

Use Restrictions. The copyright in this Site is held by DEI, and copyright in Content accessible from this Site is held by DEI or by the original creator of the material. “Content” means any information that may be generated or encountered through use of the Site, such as data files, image files, or other files; device characteristics; written text; graphics; photographs or images; sounds; videos; messages and any other like materials. You understand that all Content on the Site is the sole responsibility of the person from whom such Content originated. This means that you, and not DEI, are solely responsible for any Content you upload, download, transmit, store or otherwise make available through your use of the Site or through use of your account. Therefore, you agree you will (a) upload and enter only Content that complies with these Terms of Use and all applicable contracts, laws, and regulations, (b) promptly handle and resolve any notices and claims regarding your Content (including any requests from DEI to remove Content), and (c) maintain appropriate security and protection of your account information and devices accessing your account. DEI does not control the Content uploaded to the Site, nor does it guarantee the accuracy, integrity or quality of such Content. Except as stated in these terms or in a contract between you (or your company/institution) and DEI or a contract between DEI and a sponsor for whom you (or your company/institution) is acting as agent, none of the Site or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of DEI or the copyright owner. You also may not, without DEI’s prior written permission, “mirror” this Site or any Content on this Site on any other server.

You agree not to misuse the Site or help anyone else to do so. For example, you agree not even to try to do any of the following in connection with the Site:

  • send/upload, post, transmit, store or otherwise make available unsolicited communications; promotions; advertisements; spam; Content/material that is unlawful, indecent, obscene, profane, pornographic, violent, abusive, defamatory, harassing, libelous, scandalous, hateful, inflammatory, threatening, or otherwise objectionable or could result in civil or criminal liability; or any other Content/material other than the images and related information intended for the Site;
  • send/upload, create, maintain or transmit any “protected health information” (as defined at 45 CFR §160.103) or “Personal Data” (as defined in Article 4 of the European General Data Protection Regulation) or the like (“PHI”) or use the Site in any manner that would make DEI your or any third party’s business associate;
  • interfere with or disrupt any user, host, or network, for example by uploading a virus, malware, overloading, flooding, spamming, use of scripts or web crawlers, or otherwise damaging, disabling, interfering with, or limiting the normal operation of any part of the Site, its hardware or software, its use by others, or any servers or networks connected to the Site;
  • access, search, or create accounts for the Site by any means other than the Site’s interface (for example, “scraping” or creating accounts in bulk);
  • send/upload altered, deceptive or false source-identifying information/Content, including “spoofing” or “phishing”;
  • promote or advertise products or services;
  • circumvent storage space limits;
  • breach or otherwise circumvent any security or authentication measures;
  • probe, scan, or test the vulnerability of the Site or its network or related systems;
  • access, tamper with, or use areas of the Site you haven't been invited to;
  • reproduce, copy, modify or create any derivative works of the Site, including translation or localization;
  • decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Site;
  • redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Site;
  • violate the law in any way, including storing, publishing or sharing Content/material that’s fraudulent, defamatory, or misleading, or infringing the rights of others, including the privacy rights or intellectual property rights of others (including uploading any PHI or Content you do not have the right to upload, or disclosing any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement); or
  • violate these Terms of Use.

Any unauthorized use of this Site or any Content contained on this Site may violate copyright laws, trademark laws, HIPAA, HITECH, GDPR, export laws, the laws of privacy and publicity, and communications regulations and statutes. If your use of the Site or other behavior intentionally or unintentionally threatens DEI’s ability to provide or use the Site or other systems, DEI may take all reasonable steps to protect the Site and DEI’s systems, which may include suspension of your access to the Site. Repeated violations of these Terms of Use may result in termination of your account. DEI reserves the right at all times to determine whether Content is appropriate and in compliance with these Terms of Use, and remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these Terms of Use or is otherwise objectionable. DEI reserves the right at all times to terminate any account with or without prior notice and in its sole discretion.

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you upload to this Site. DEI shall use reasonable skill and due care in providing the Site, but does not guarantee or warrant that any Content you upload to the Site will not be subject to inadvertent damage, corruption or loss. DEI reserves the right to take steps DEI believes are reasonably necessary or appropriate to enforce or verify compliance with these Terms of Use. You acknowledge and agree that DEI may, without liability to you, access, use, preserve or disclose your account information and Content to law enforcement authorities, government officials, or a third party, as DEI believes is reasonably necessary or appropriate, if legally required to do so or if DEI has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms of Use, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of DEI, this Site’s users, a third party, or the public as required or permitted by law.

Limitation of Liability and Indemnification. UNDER NO CIRCUMSTANCES SHALL DEI BE LIABLE TO YOU, YOUR COMPANY/INSTITUTION, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT ON THIS SITE, EVEN IF DEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEI also has no liability to you, your company/institution, or any third party for any reason as a result of: (i) any unauthorized disclosure or access to your account or Content as a result of your misuse of the Site or loss or theft of your password or username, except to the extent resulting from DEI’s negligence or willful misconduct; or (ii) any deletion, destruction, damage or loss of Content caused by you, at your direction, or at the direction of your company/institution or the sponsor or CRO for the study for which the Content was uploaded. If your use of this Site or Content from this Site results in the need for servicing, repair or correction of equipment or data, you assume any and all costs for that work. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You or your company/institution will defend DEI against any third party claim: (a) that any Content, or your use of the Site in breach of this Agreement, infringes a registered patent, registered trademark, or copyright, or misappropriates a trade secret (to the extent that such infringement or misappropriation is not the result of DEI’s actions); or (b) relating to any Content or to your use of the Site in violation of these Terms of Use or an Upload Certification. You or your company/institution will, with respect to any claim against DEI that is subject to these Terms and Conditions, indemnify DEI for the resulting costs and damages finally awarded against DEI to such third party by a court of competent jurisdiction or agreed to in settlement.

DEI's Proprietary Rights. You acknowledge and agree that DEI or its licensors own all legal right, title and interest in and to the Site, including but not limited to graphics, user interface, scripts and software used to implement the Site, and any software or interface provided to you as a part of or in connection with the Site (the “Software”), including any and all intellectual property rights in the Software, whether those rights are registered or not, and wherever in the world they may exist. You further agree that the Site (including the Software) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information in any way whatsoever except for use of the Site in compliance with these Terms of Use. THE USE OF THE SOFTWARE OR ANY PART OF THE SITE, EXCEPT FOR USE OF THE SITE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Terms of Use Revisions. DEI may at any time revise these Terms of Use or this Site’s Privacy Policy or both by updating one or both on this Site. By accessing or using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page and the Privacy Policy page to determine the then current Terms of Use and Privacy Policy to which you are bound.

Privacy Policy

Effective: 04JUN2019

Doheny Eye Institute (DEI) collects and uses information to provide, improve, monitor, and protect data, intellectual property, and tangible property associated with ARCOS, its users, and DEI. By accessing or using ARCOS, you agree to all the terms and conditions in this Privacy Policy and the Terms of Use, so please read this page and the Terms of Use page carefully before proceeding. You also agree to the processing and transfer of information and files in and to the U.S.A. and potentially other countries and territories, which may have different privacy laws from your country of residence.

Account. When you create an ARCOS account, we collect, and associate with your account, the account registration information you provide, which may include your name, email address, phone number, investigator name, sponsor name, and protocol name.

Services for Clinical Sites. When you login to ARCOS using account credentials for a certain study, then upload images for that study, we store, process, and transmit those image files and the information you provide related to those images within Doheny Eye Institute—for instance, to our Doheny Image Reading Center (DIRC)—and also potentially to the sponsor, CRO or other sponsor delegate for that study. Unless you, your employer, the sponsor, or the sponsor’s CRO has made other arrangements in a contract with DEI, you agree not to upload protected health information, as defined under the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), or personal data from data subjects, as defined in the General Data Protection Regulation (GDPR) of Europe, or the like (collectively, “PHI”), and DEI disclaims all liability for such PHI.

Services for Sponsors/or Designees. When you login to ARCOS using account credentials for a certain study, you may be able to view or download information or images regarding that study, if you have the required permissions. Your permissions will determine if you have access to view real-time site and patient status information, whether and which reports can be downloaded, what data can be exported, and if images uploaded from clinical sites may be downloaded by you.

Usage. We collect information from and about the devices you use to access ARCOS. This includes, but is not limited to things like IP addresses, the type of browser and device you use, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to ARCOS. We monitor user activity on ARCOS and may collect information about the features you use, the sizes and names of files you upload or access, and any other actions taken while using ARCOS.

Cookies and other technologies. We use technologies like cookies to provide, improve, and protect ARCOS. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with ARCOS, and improving ARCOS based on that information. You can set your browser not to accept cookies, but this may limit your ability to use ARCOS. If our systems receive a DNT:1 signal (i.e., a Do Not Track signal) from your browser, we'll ignore that signal.

Sharing. DEI may share information as discussed in this Privacy Policy, but won't sell, rent, trade, or otherwise distribute it to advertisers or other third-parties.

Others working for DEI. DEI uses its employees and certain trusted third parties to help us provide, improve, and protect ARCOS. These third parties will access your information only to perform tasks on our behalf and in compliance with this Privacy Policy.

Study partners. ARCOS will allow sharing of the files and related information uploaded for a study with DEI and with the sponsor and clinical sites for that study and potentially with the sponsor’s CRO or delegates for that study.

Enforcement. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ARCOS or our users; or (d) protect DEI’s property rights.

Security. We are dedicated to keeping your information and study files and information secure and testing for vulnerabilities. While no system is impenetrable, we take reasonable measure to help protect all information and files from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. For instance, data is encrypted while it is being transmitted, and our file servers are kept in a secured environment with restricted access. You may access your ARCOS account only through the use of an individual user ID and password. To protect the confidentiality of your files and information, you must keep your password confidential and not disclose it to any other individual. You agree to advise us immediately if you believe your password has been misused. In addition, you agree to always logout and close your browser when you finish your ARCOS session.

Retention. We'll retain information and files uploaded to ARCOS for as long as we need for a given study. If an account is deactivated, any files and related information uploaded from that account will not be deleted. And please note: We may retain user information, files, and related information uploaded to ARCOS as necessary to comply with our contractual or other legal obligations, resolve disputes, or enforce our agreements.

Changes. DEI may at any time revise this Privacy Policy or the ARCOS Terms of Use or both by updating one or both on this ARCOS site. By accessing or using ARCOS, you agree to be bound by any such revisions and should therefore periodically visit this page and the Terms of Use page to determine the then-current Privacy Policy and Terms of Use to which you are bound.