THE GENESIS PROJECT TERMS OF SERVICE
Welcome to The Genesis Project.
These Terms of Service (“Terms”) are a legally binding contract between you and The Genesis Project (“Genesis” or “us” or “our” or “we”) and govern your use of all the genomic information, data, statistics, reports, software, graphics, and communications that we may make available to you (“Data”). These Terms also govern all services we may provide through any of our web-based portals that we refer to as the Genesis Platform (“Services”). Unless otherwise stated in these Terms, references to the “Platform” include all of our web pages, the portal, and all Services.
Read These Terms Carefully Before Browsing or Using Any Part of The Platform. Using The Platform Indicates That You Have Read, Understood, And Accepted These Term’s. You May Not Use The Platform if You do Not Accspt These Term’s.
1. GOVERNING INSTITUTIONS.
The Genesis Project is a 501(c)(3) not-for-profit organization that provides and manages a platform for collaborative science. The Genesis Project is partially supported by ViaGenetics, Inc. The Genesis Project maintains an independent Scientific Advisory Board and Board of Directors.
2. USING THE PLATFORM.
By using the Platform, you promise that you are at least 18 years of age. If you are not 18 yet, you may not access or use any part of the Platform.
Your right to use the Platform and Data is conditioned on your compliance with these Terms. So long as you comply with these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to access and use the Platform and purchase Data for research purposes. You may download, modify, edit, copy, reproduce, and create derivative works of the Data. If you breach any of these Terms, your license to use the Platform and any further access to Data within the Platform will terminate automatically.
In order to access the Platform and to use certain Services and Data offered on and through the Platform, you must successfully register with us and request that we open an account for you. You must, at all times, provide true, accurate, current, and complete account information. After registration, you may make changes by logging into your account and making them directly or by contacting us to make the changes for you. You are also responsible for obtaining and maintaining all equipment and services needed for access to and use of the Platform and for paying related charges. If you forget your password or other log-in information, we will send a password update to your provided email address. We suggest you keep your password(s) confidential. If you believe your password or security for the Platform has been breached in any way, notify us immediately. Log-in information can not be shared with other persons. Lab members are required to obtain their own accounts.
The Data, Services, and other information provided on the Platform are for informational and research purposes only, and do not constitute medical, legal, or other professional advice. We do not promise that everything provided on and through the Platform will be accurate, complete, adequate or current
We may alter the Platform and the Data and/or may choose to modify, suspend the Platform. If we decide to suspend or discontinue the Platform, we will provide you with advance notice and will take reasonable steps to facilitate your retrieval of your Submissions. We may also change, update, add or remove provisions of these Terms from time to time (“Modifications”) and legal notices and/or terms located on particular pages of the Platform may supersede inconsistent provision(s) of these Terms. We will inform you of any Modifications by posting the modified terms on the Platform and presenting them to you at your next log-in. If you object to any provision of these Terms, any notice or term on the Platform, and/or any Modifications, your sole recourse is to stop accessing and using the Platform. Continued use of the Platform following notice of any Modifications constitutes your acknowledgement of the Modifications and your agreement to be bound by them.
4. LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links on this Platform to third-party websites. If you use these links, you will leave the Platform. We are not obligated to review any third-party websites that you link to from the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk.
5. DATA SUBMISSIONS.
A significant function of the Platform is to enable you to submit your research results, such as genomic information, data, statistics, and reports “Submissions”). As between you and Genesis, you retain ownership of your Submissions. You are solely responsible for ensuring that you have appropriate permission and authority to upload the Data with respect to all of your Submissions. We do not guarantee that you will be able to edit or delete any Submissions, and we advise that you retain a copy of your original Data. Except as otherwise provided in these Terms, we are not responsible for any loss, theft, or damage of any kind to any Submission.
You further and specifically agree as follows:
- You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all rights in your Submissions necessary to grant to us the rights in your Submissions as described in these Terms;
- Genesis will not be subject to any use fees, license fees, clearance fees, and other financial obligations by virtue of having received your Submission. You have paid and will pay in full all applicable license fees, clearance fees, and other financial obligations, of any kind, arising from your uploading the Submissions on the Platform and any subsequent use or sublicensing of the Submissions as described in these Terms, including without limitation, commercial exploitation of your Submissions;
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other rights of any third party;
- Information contained in your Submission is not false, inaccurate, or misleading;
- Your Submission does not violate any law (including, but not limited to, those governing privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and
- Your Submission does not contain any protected health information (“PHI”), as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and specifically 45 CFR 160.103. By uploading a Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license:
- To use, distribute, reproduce, modify, adapt, translate, and disclose, your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and
- To use (and sublicense to those who avail themselves of the limited license granted in Section 2 above) your Submission in any manner consistent with the outlined Data Sharing Rules below and for any purpose (including, without limitation, commercial purposes) that we deem appropriate.
- However, Genesis will not compete with your academic or commercial goals for timely peer-reviewed publications of Data resulting from Submissions. Regarding any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Submission, whether or not patentable, you grant to Genesis and its designees the non-exclusive and free right to use such ideas, know-how concepts, techniques, and other intellectual property for any purpose. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Submission, and you have no right to compel such use, display, reproduction, or distribution.
We may, but are not obligated to, pre-screen Submissions or monitor any area of the Platform through which Submissions may be contributed. We are not required to host, display, or distribute any Submissions on or through the Platform and may remove at any time or refuse any Submissions for any reason.
6. PRIVACY REQUIREMENTS FOR SUBMISSIONS.
- Only coded, anonymized, or anonymous data is accepted. The Submitter is responsible for ensuring that all the uploaded individual genomic data (including but not limited to pedigrees) does not contain Protected Health Information (PHI).
- The Submitter is responsible for ensuring that the patient or participant samples, from which genomic information is generated, have provided informed consent appropriate to the uses being made of the information.
- The Submitter certifies that all data was acquired by following generally accepted Human Subjects Protection rules. We recommend compliance with the requirements of Good Clinical Practices (“GCP”), Good Laboratory Practices (“GLP”), and 21 C.F.R. Part 11 by those, who use and subsequently submit genomic data to the United States Food and Drug Administration and/or comparable regulatory organizations outside the US.
- If patients withdraw consent, their data will be anonymized and no new individual level analysis will be performed on those samples.
- The Genesis Project, its representatives, and users of the Platform will not make attempts to uncover the identity of patients.
7. DATA SHARING RULES.
- Aggregate data and derived statistics are shared across all users of the Platform.
- Genesis may share such aggregated data with third parties, including academic institutions, not-for-profit organizations, and commercial entities.
- The Submitter may share individual-level genomic data and associated phenotypic information at any time with other registered users of the platform. The Submitter is in full control of the extent of sharing and revoking access to this data with other registered Platform users.
- Individual level genomic results can only be published by the Submitter or with the consent of the Submitter.
- The Genesis Project may share individual-level genomic or phenotypic data with other not-for profit organizations or commercial entities if the data is used solely for the progress of biomedical research and development of therapies and in accordance with these Terms or substantially similar requirements. This is in compliance with HIPAA rules since no PHI is collected at the individual-level and phenotypic-level.
- To ensure the scientific merit of data sharing requests, the Scientific Advisory Board for Genesis will decide on such inquiries based on the scientific validity, quality and potential benefits of the application.
8. UNAUTHORIZED ACTIVITIES.
We authorize your use of the Platform only for the purposes set forth in these Terms and all rights in the Platform belong to us. Unauthorized use of the Platform may result in violation of various United States and international copyright laws. When using this Platform, you agree to abide by common standards of etiquette and to act in accordance with law. For example, you agree as follows:
- You will not modify publicly display, publicly perform, reproduce or distribute any of the content of the Platform;
- You will not use the Platform in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- You will not use the Platform to stalk, harass, or harm another individual or to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- You will not attempt to discover the identity of people who’s personal genome data is stored on the platform.
- You will not interfere with or disrupt the Platform or servers or networks connected to the Platform;
- You will not use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; and
- You will not attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.
You agree to indemnify, defend, and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that we may incur in relation to, arising from, or for the purpose of avoiding, any claim or demand that your use of this Platform or the use of this Platform by any person using your user name and/or password or any Submission you provide to the Platform violates any applicable law or regulation or a party’s copyrights, trademark rights or other rights. You further and specifically agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. However, without altering your obligations under this paragraph, we have the right, but not the obligation, to select the attorneys who represent us and to assume the exclusive defense and control of any matter subject to indemnification by you to participate through counsel in any defense of any claim and to approve any settlement. You agree to cooperate in any defense under this provision and that you may not settle any claim without our prior written consent.
10. PROPRIETARY RIGHTS AND CITATION RULES.
“The Genesis Project” is a trademark that belongs to us. Other trademarks, names and logos on the Platform are the property of their respective owners. Unless otherwise specified in these Terms, all Data, including the arrangement of them on the Platform are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove Submissions that violate intellectual property rights of others and may suspend your access to the Platform (or any portion thereof) and/or terminate your account if you use the Platform in violation of someone’s intellectual property rights.
We request that any use of Data newly obtained through the Platform be cited in publications as: The Genesis Platform, (URL:) [date (month, year) accessed].
11. DISCLAIMER OF WARRANTIES.
WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE PLATFORM AND ALL MATERIALS ARE FOR INFORMATIONAL AND RESEARCH PURPOSES ONLY AND ARE PROVIDED â€œAS ISâ€ AND â€œWITH ALL FAULTSâ€ AND THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PLATFORM AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Without limiting the generality of the foregoing, we make no warranty and provide no guaranty that the Platform will be suited to your use and/or needs and/or will meet your requirements, and we do not warrant or guaranty that the Platform will be uninterrupted, timely, secure, or error free or that defects in the Platform will be corrected. We make no warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform. No advice or information, whether oral or written, obtained by you through the Platform or from us or our subsidiaries or other affiliated companies creates any warranty. We disclaim all equitable indemnities.
12. LIMITATION OF LIABILITY.
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR ANY PART THEREOF OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE PLATFORM. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOW EVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
13. LOCAL LAWS; EXPORT CONTROL.
We control and operate the Platform from our headquarters in the United States of America and the entirety of the Platform may not be appropriate or available for use in other locations. If you use the Platform outside the United States of America, you are solely responsible for following applicable local laws.
14. TERMINATION OF ACCESS.
We value our relationship with you. If we believe that you are not complying with these Terms, we will notify you. We may also provide you with recommended corrective action(s). However, we may, at our sole discretion, terminate your access to the Platform, your account, and/or this agreement for any reason, and/or for any and all violations of these Terms, without providing prior notice to you.
15. GENERAL TERMS.
Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Platform will be heard in the courts located in Miami-Dade County, Florida.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified.
If we choose not to enforce any of these Terms, we are not waiving our rights.
These Terms constitute the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions, representations, or agreements between you and us about the Platform and Data. The proprietary rights, disclaimer of warranties indemnities, limitations on liability and general provisions of these Terms shall survive any termination of these Terms.
16. CONTACT US.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: Note: If you have contact information elsewhere on the Platform, you do not need this.
The Genesis Project
By visiting the Site or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service [insert hyperlink to your Terms of Service], including its applicable limitations on damages and the resolution of disputes. The Terms of Service are incorporated by reference into this Policy.
PLEASE NOTE THAT THE PRIVACY REQUIREMENTS AND DATA SHARING RULES FOR SUBMISSION OF ANY INFORMATION OTHER THAN THAT ABOUT YOU ARE DESCRIBED IN SECTIONS 6 & 7 OF THE TERMS OF SERVICE.
1. Personal Information We may collect, store and use personally identifiable information (such as your name, company or organization name, title, e-mail address, postal address, telephone numbers, and/or billing information) when it is voluntarily submitted to us, such as when you register or contact us.
We may use your Personal Information to provide our Services to you, to contact you, improve this Site, provide you with information that you have requested, or to provide you with additional information that we believe may be of interest to you. We may also use this information to respond to your inquiries, to provide you with technical support or to enforce our Terms of Service and other policies governing use of the Site and Services. We may combine your information with other information about you that is available to us, including information from other sources.
We may share your information, including personal information, as follows:
- Users. Your user name and any information other than your Submissions (as defined in the Terms of Service) that you post to our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site and Services.
- Affiliates. We may disclose your personal information to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
- Service Providers. We may share your information with third party service providers who perform functions on our behalf.
- Business Transfers. We may disclose your information in connection with a corporate restructuring, bankruptcy proceeding, merger or consolidation with, or sale of substantially all of our assets to, a third party. In each of these cases, your personal information will by this Policy.
- In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
- To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
2. Aggregate Data Collection Genesis tracks visits to our Site and uses visitor logs to compile anonymous aggregate statistics. This aggregate information is collected Site wide, and includes anonymous website statistics. In addition, when you browse our Site, our system automatically collects information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, the date and time of your request and one or more cookies that may uniquely identify your browser. This information is used to analyze trends, administer the Site, improve the design of our Site, and otherwise enhance the services we provide. We may disclose your non-private, aggregated, statistical, and other non-personally identifiable information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated and statistical information shared in these contexts will not contain Personal Information or individual sequence samples.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more â€œdevice identifiers.â€ Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the deviceâ€™s operating system or other software, or data sent to the device by us. A device identifier may convey information about how you use the Service to us. A device identifier does not collect or share any personal information about you.
3. Other Data If you decide to invite a third party to create an account, we will collect your and the third partyâ€™s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third partyâ€™s names and e-mail addresses as required above. You or the third party may contact us at email@example.com to request the removal of this information from our database.
4. Linked Site The Site may contain links to external websites. We do not maintain these sites and are not responsible for the privacy practices of sites that we do not operate. Please refer to the specific privacy statements posted on those sites.
b. Geo-Location. When you use the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information about how you browse the Service to us. Location data does not collect or share any Personal Information about you. Location data may be used in conjunction with Personal Information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled. If you want to deactivate this feature, you can disable location services on your mobile device. Please contact your carrier for more information.
6. Security We take reasonable precautions to protect Personal Information covered by this Policy from loss, misuse and unauthorized access, disclosure, alteration and destruction. Unfortunately, no data security measures can guarantee 100% security.
7. Data Storage We store the software, sequence data and user data you submit and your account and profile information (including Personal Information) on “cloud” servers owned and operated by third party providers. Our current provider is Amazon Web Services (AWS), but we may change providers in our sole discretion. For information about AWS’s privacy protection and data security practices, please visit http://aws.amazon.com/security.
8. Access You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.
10. Opt-Out Unless you tell us otherwise by “opting out”, we may also contact you regarding products and services you use or that may be of interest to you. You can exercise your right to prevent such contact by contacting us at firstname.lastname@example.org. You may not, however, opt out of necessary service or account maintenance notices or other administrative and transactional notices.
11. Users Under 13 Years of Age – This Site and our Services are not directed towards users under the age of 13 and we do not knowingly collect Personal Information from users under the age of 13. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Mail: The Genesis Project
444 Brickell Avenue, Suite P-60
Miami, FL 33131