Terms And Conditions - Full agreement
The Internet is not a “law-free” zone and you have a responsibility to be aware of your relationships with parties providing services through this Gemma website located at https://gemma.msl.ubc.ca (the “Gemma Website”). The terms “UBC”, “we”, “us” and “our” refer to the University of British Columbia, a corporation continued under the University Act of British Columbia and having its administrative offices at 2075 Wesbrook Mall, Vancouver BC V6T 1W5, together with its faculty, staff and students that develop, operate and maintain the Gemma Website. The terms “you” and “your” refer to users or visitors to the Gemma Website or a user of the data uploading or other services provided through this Gemma Website.
set out the terms and conditions that will govern your relationship with UBC, through your use of the Gemma Website, including without limitation, your access to the Gemma Website, underlying Gemma database and Gemma software (the “UBC Software”) through a web browser, web service or other electronic means, uploading data to the Gemma Website, downloading data from the Gemma Website, searching, using analytical tools or visualizations and other software related services that may be provided by UBC through the Gemma Website (the “UBC Services”). You are hereby notified that the UBC Software has been developed and is licensed under the Apache License, Version 2.0 (the “License”); and you may not use the UBC Software except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. UBC disclaims all representation and/or warranties, and bears no responsibility and/or liability for either third party software or the UBC Services. For greater certainty, the “UBC Services” does not include the actual license of the underlying UBC Software to you, which would if requested by you and agreed to by UBC, would be set up through a private installation and governed by a separate license agreement between UBC and you.
3. Ownership and Use Restriction.
All content provided in respect of the UBC Services and UBC Software is owned or licensed by UBC or its licensors, and is protected by copyright, trademark and other intellectual property laws. You will not use the UBC Services for any unlawful purpose or in any way that violates our rights or the rights of others. By submitting a query to the database or using the search functions provided in connection with the UBC Services, you agree that you will use this Data only for lawful purposes and that, under no circumstances will you compile this Data or use such Data for any purpose inconsistent with our rights or the rights of third-party licensors. Without limiting the foregoing you will not, and will not authorize any third party to:(a) make copies of the information provided in connection with the UBC Services; (b) modify, decompile, disassemble, create derivative works from, or otherwise reverse engineer the UBC Software or information provided in connection with the UBC Services; or(c) distribute, sell, lease, transfer, assign, trade, rent, publish, license or sublicense the use of the UBC Software, the UBC Services or any part thereof and/ or copies thereof, to others.
4. Your Consent.
5. Uploading Data to the Gemma Website.
- For the purposes of this Agreement, “Data” refers to gene expression profiling data which is uploaded to and stored in the Gemma Website, including without limitation microarray data. “Public Data” is data which can be accessed, analyzed and/or viewed in Gemma by any user of the Gemma Website. When you upload Data to the Gemma Website, you indicate that it is Public Data by selecting the ‘make public’ box. “Private Data” is data which can only be accessed by a limited subset of users, which may include you, another user(s), and/or UBC. When you upload Data to the Gemma Website, you indicate that it is Private Data by selecting which limited subset of users can access the Data.
- You must be a registered user of the Gemma Website to upload Data to the Gemma Website. When you upload Data, you shall classify it as Private Data or Public Data.
- You must not upload Data to the Gemma Website which contains any “personal information” as such term is defined under the Personal Information Protection and Electronic Documents Act or provincial privacy legislation. This includes without limitation, any Data which would contains information about any identifiable individuals such as the names of human subjects. We may, at our option, reject and return any Data to you that is in breach of this clause, and/or terminate your access to the UBC Services if you breach this clause.
- You acknowledge and agree that the Gemma Website is not designed, nor intended for, uploading and storage of any Data of a highly sensitive nature. We encourage you to contact us if you wish to discuss and consider a private installation of the UBC Software.
- If you use any results, Data or information that you have obtained from the Gemma Website for any purposes other than your own personal use, including without limitation in a publication or scientific presentation, you must cite the Gemma Website as the source of such results, Data or information.
- If you have any concerns about your Data on the Gemma Website, we will delete your Data from the Gemma Website upon your reasonable request.
6. Use by UBC of the Data.
You hereby agree that UBC may use the Data that you upload to the Gemma Website as follows:
- UBC may use Public Data for research purposes and to perform the UBC Services, including the purposes of reviewing, aggregating and analysing Data and storing the results of such analyses;
- UBC shall provide access to Public Data to any users (whether registered or unregistered) or visitors to the Gemma Website;
- UBC will not use Private Data in any data analysis not explicitly authorized by you, nor will we transmit your Private Data to any third party;
- UBC may delete Data at any time or store Data in the Gemma Website indefinitely, unless you send us a written request to remove such Data from the Gemma Website;
- If UBC discovers that you have uploaded Published Data and have not classified this as Public Data, we may make the data public without notifying you. “Published Data” means any Data that has previously been released into the public domain, including without limitation dissemination of a description of the expression study in a peer-reviewed publication, even if the Data was not originally part of the dissemination or supplementary materials; or description of the collection of the Data and presentation of a “hit list”.
THE UBC SERVICES ARE PROVIDED “AS IS”. YOU AGREE TO ASSUME ALL RISKS IN YOUR USE OF THE UBC SERVICES. We do not warrant any particular results or the reliability, accuracy or completeness of any information provided in connection with the UBC Services. We strive for accuracy in all our information, but the information provided in connection with the UBC Services could include technical inaccuracies or typographical errors.
8. DISCLAIMER OF WARRANTY.
UBC MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN PARTICULAR, TO THE EXTENT PERMITTED BY LAW, UBC EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS OF THE UBC SERVICES FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE UBC SERVICES WILL PRODUCE A DESIRED RESULT OR THAT THE USE OF THE UBC SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES.
9. LIMITATION OF LIABILITY.
UBC WILL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY LIABILITY, LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY YOUR USE OF OR INABILITY TO USE THE UBC SERVICES, OR FOR ANY USE OF YOUR DATA BY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL UBC BE LIABLE FOR ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE GEMMA WEBSITE, EVEN IF UBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBC’s TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT OF CDN $100.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS UBC, ITS BOARD OF GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY’S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGEMENT ARISING OUT OF CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF YOUR USE OF THE GEMMA WEBSITE.
We may collect corporate information, including the name, title or business address of an employee of (i) a company, (ii) a sole proprietorship or (iii) another organisation, from users who create an account on the Gemma Website. We take all reasonable precautions to ensure the security of such information, including any credit card information that may be submitted to us as part of an e-commerce transaction. You agree to provide to us current, complete and accurate information about you as required by the user identification process. You represent and warrant that you have provided notice to, and obtained consent from, any third parties whose personal data or information you supply to us. You also agree to maintain and update this information as needed to keep it current, complete and accurate. You will not provide us with false information. We rely on this information for our records and to send you important information and notices regarding your account and the UBC Services.
12. Right of Refusal.
We, in our sole discretion, reserve the right to refuse to provide you with the UBC Services. You agree that we will not be liable to you for loss or damages that may result from the refusal by us to provide you with UBC Services. Without limiting the foregoing, you agree that we may terminate your use of the UBC Services at any time without notice:(i) if you breach or fail to abide by any provision of this Agreement;(ii) if you fail to respond for within fifteen (15) calendar days to any inquiries from us; and/or(iii) if you use the UBC Services for any improper purpose, as determined by us in our sole discretion.
14. Links & Endorsement.
The Gemma Website may contain links to other websites. Those websites are not under our control and we do not endorse and are not responsible for anything on those websites, including text, images, graphics, email, alerts, notifications, executable applications, software, underlying HTML, or other content, services and other policies including privacy policies, if any, offered through those websites by the providers of those websites. Please review the terms and conditions and policies, if any, of those websites.
15. All Disputes To Be Resolved in Vancouver, B.C.
16. General Provisions.
- You agree that no joint venture, partnership, employment, consulting or agency relationship exists between you and UBC as a result of these terms or your use of the UBC Services.
- These terms represent the entire agreement between you and UBC relating to this subject matter. You will not contest the validity of these terms merely because they are in electronic form.
- The provisions of these terms are severable in that if any provision is determined to be invalid or unenforceable under any controlling body of law, that will not affect the validity or enforceability of the remaining provisions of these terms.
- No condoning, excusing or overlooking by UBC of any failure by UBC to comply with any part of these terms shall operate as a waiver by UBC of its rights under these terms, and no waiver shall be inferred from or implied by anything done or omitted by UBC.
- Unless specified otherwise, any prices listed on the Gemma Website are in Canadian dollars and prices are subject to change without notice. UBC will not be liable for any typographical errors, including errors resulting in improperly quoted prices in connection with the UBC Services.