1. SCOPE OF SERVICE.
b. Limitations. You are responsible for obtaining any equipment and Internet service necessary to access our Services, including without limitation the Cancer Genomics Cloud, and for paying any Usage Fees for the Service. We may alter, suspend, or discontinue this Website and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Services, including without limitation the Cancer Genomics Cloud, for some or all users, from time to time. The Website and/or Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
2. REGISTRATION AND RESPONSIBILITY OF USERS.
3. DATA AND CONTENT RIGHTS AND OBLIGATIONS.
a. Submitted Data. You may submit data to Seven Bridges from time to time during the Term ("Submitted Data"); provided that such Submitted Data shall only be provided to Seven Bridges and the Cancer Genomics Cloud in compliance with applicable law and regulation and where you comply with applicable law and regulation and your rights in such Submitted Data. You shall submit such Submitted Data in the format(s) that are accepted and can be processed by the Analysis Tools through which the Submitted Data is to be processed.
c. Your Content Generally. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "User Content") that you submit, use, display or share on or via the Service, whether Submitted Data, Other User Content or other content. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Services. If you choose to provide information or User Content, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
4. INTELLECTUAL PROPERTY; RESTRICTED LICENSE.
b. Proprietary Markings. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Seven Bridges Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Seven Bridges Content. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or Seven Bridges Content or trademarks, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms of Service; or (ii) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services. The Seven Bridges Content may contain errors, defects or inaccuracies. Seven Bridges reserves the right to make changes to the Seven Bridges Content without obligation to issue any notice of such changes.
c. Trademarks. The service marks and trademarks of Seven Bridges, including without limitation "Seven Bridges" and the CGC and Seven Bridges logos, are service marks owned by Seven Bridges Genomics Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
d. Use of Seven Bridges Content. You may view, copy, download, and print Seven Bridges Content that is made available to you on our Website or through our Services, subject to the following conditions:
(i) You shall not have the right to copy, download or print any of the Cancer Genomics Cloud or Analysis Tools unless explicitly permitted by Seven Bridges.
(ii) You may only use the Seven Bridges Content for your personal research purposes (or the research purposes of your employer) in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party, unless otherwise explicitly agreed by us in writing. You may not reproduce or transmit any part of our Services or its Seven Bridges Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
(iii) You may not modify, alter, or prepare derivative works based on the Seven Bridges Content, or distribute copies of or publicly perform or display the Seven Bridges Content, including without limitation by posting the Seven Bridges Content on any network computer or distributing the Seven Bridges Content on or in any media.
f. Suggestions. You may provide Seven Bridges with suggestions for improvements, modifications or enhancements to the Services from time to time in connection with the Services ("Suggestions"). All such Suggestions are provided "AS IS." You hereby grant to Seven Bridges a non-exclusive, royalty-free, perpetual, irrevocable license under all Suggestions and all intellectual property rights therein, to copy, use and modify such Suggestions and to make, have made, use, import, offer to sell and sell products and services incorporating such Suggestions.
5. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
a. Procedures. Seven Bridges accepts notices of copyright infringement filed in accordance with the requirements of the Digital Millennium Copyright Act ("DMCA"). If you believe that any content on our Services infringes your copyright, you may request that such content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
i. identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
ii. identification of the content that you believe to be infringing and its location, including a description of the content, and its Website location or other pertinent information that will help Seven Bridges to locate such content;
iii. your name, address, telephone number and email address;
iv. a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
v. a statement that the information in your claim is accurate; and
vi. a statement that "under penalty of perjury," You declare that You are the lawful copyright owner or are authorized to act on the owner's behalf.
b. Copyright Agent. Seven Bridges' agent for receipt of the copyright notices contemplated under clause (a) above is:firstname.lastname@example.org. In an effort to protect the rights of copyright owners, Seven Bridges maintains a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
6. ANALYSIS TOOLS; THIRD PARTY LINKS.
a. Analysis Tools. We currently make available Analysis Tools through our Services. Each such Analysis Tool is provided "AS IS" except for any third party warranties or other contractual commitments set forth separately via the Website specifically with respect to such Analysis Tools. Analysis Tools may be subject to additional end user license agreement terms made available on our Website from time to time (each, a "EULA"). We may provide certain information or descriptions about Analysis Tools or other third party products or services (collectively "Product Descriptions") that we prepare or that we obtain from independent third parties, such as from third party vendors. We do not warrant that Product Descriptions or any prices that are referenced are accurate, complete, reliable, current, or error-free. You agree that Seven Bridges is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Product Descriptions or other Seven Bridges Content, or for any decision made or action taken by you relying upon the Product Descriptions or other Seven Bridges Content.
b. Third Party Links. Our Services may provide you with the ability to link to external sites, or download content from third party sites, from time to time. Such external links on our Services will lead to other websites, including advertised products or content sold or otherwise made available by outside vendors and companies. We provide any such links as a convenience to you. We are not liable for the content, goods, services, advertising, or other materials found on any external websites. Although we may display ads and may have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Services, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. Any logo of an third party used on the Website is a trademark of such third party or its affiliates.
c. No Endorsement. In no event shall any reference to any third party or third party product, content or service be construed as an approval or endorsement by Seven Bridges of that third party or of any product, content or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website.
7. PROHIBITED CONDUCT.
a. Standards of Conduct. By accessing our Services or any forum accessible via our Services, or other service provided through our Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services or any related chat room or online discussion forum to:
(i) Transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Seven Bridges.
(ii) Submit User Content you know is false, misleading, untruthful, or inaccurate.
(iii) Engage in commercial activities on our Services or using our Services without Seven Bridges' prior approval.
(iv) Use a name or language that Seven Bridges, in its sole discretion, deems offensive.
(v) Utilize any automated means, including without limitation web spidering, to obtain content from this Website.
(vi) Post defamatory statements or hateful or racially or ethnically objectionable User Content.
(vii) Post User Content which infringes another's copyright, trademark or trade secret.
(viii) Post unsolicited advertising or unlawfully promote products or services.
(ix) Harass, threaten or intentionally embarrass or cause distress to another person or entity.
(x) Impersonate another person.
(xi) Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
(xii) Exploit children under 18 years of age.
(xiii) Engage in disruptive activity such as sending multiple messages in an effort to monopolize any forum made available through the Services.
(xiv) Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
(xv) Obtain unauthorized access to any computer system through the Website.
(xvi) Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
(xvii) Solicit personal information from children under 13 years of age.
(xviii) Violate any federal, state, local, or international law or regulation.
(xix) Encourage conduct that would constitute a criminal or civil offense.
a. Fees. We may charge you Usage Fees for use of certain components of the Service. If you purchase any Services that require payment of a Usage Fee, you agree to pay Seven Bridges directly or via its third party payment processing service provider. You agree to pay the applicable Usage Fees for such Services as they become due plus all related taxes. You also agree to pay Usage Fees that may accrue after termination, where Submitted Data remains hosted on the Cancer Genomics Cloud, and any costs or fees arising from transitioning Submitted Data to a third party or deleting it upon termination.
b. Payment. You agree that Seven Bridges may charge your payment method for any services or products you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. Seven Bridges may require advance payment for some or all of the Services and may impose technical limitations which limit incurrence of fees beyond pre-paid amounts; provided that Seven Bridges is not obligation to implement such limitations. Any such technical limitations may delay or interfere with the Services. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SEVEN BRIDGES WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR SERVICES FROM TIME TO TIME.
d. Refunds. Other than an expressly set forth on our Services as updated from time to time, Seven Bridges has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Seven Bridges, in each case in Seven Bridges' sole discretion.
9. DISCLAIMER OF WARRANTY.
a. Do Not Rely on Results of the Services. SEVEN BRIDGES AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE OR SERVICES. Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Seven Bridges Content on our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any results of the Services or other Seven Bridges Content.
b. Use is at your Risk. THE SERVICES ARE SOLELY FOR USE IN RESEARCH AND EDUCATIONAL USE, NOT FOR ANY DIAGNOSIS OR TREATMENT OF ANY HUMAN DISEASE OR CONDITION. USE OF THE SERVICES AND ANY SEVEN BRIDGES CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE, THE SEVEN BRIDGES CONTENT, AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE OR SERVICES ARE PROVIDED "AS IS"; WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SEVEN BRIDGES DOES NOT WARRANT THAT: (I) THE SERVICES, ANALYSIS TOOLS OR RESULTS OF THE SERVICES FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES, INCLUDING WITHOUT LIMITATION THE CANCER GENOMICS CLOUD AND THE ANALYSIS TOOLS, ARE PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
By using our Services, you agree to indemnify, hold harmless and defend Seven Bridges from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services, or any of your users use of the Services, and any User Content that you submit for use in connection with the Services.
11. LIMITATION OF LIABILITY.
a. Disclaimer. IN NO EVENT SHALL SEVEN BRIDGES BE LIABLE TO ANY USER OF OUR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
c. Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR SEVEN BRIDGES MUST BE BROUGHT IN THAT PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. DISPUTES; RELEASE.
a. Disputes Among Users. Neither Seven Bridges nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Service. Seven Bridges expressly disclaims any liability or claims that may arise between users of our Services or between users of our Services and third party vendors. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and any disputes that arise from those interactions with other users or third party vendors. Seven Bridges may monitor disputes between users, but is not obligated to monitor, mediate, or resolve such disputes.
b. Release. Because Seven Bridges is not responsible for or involved in any contact between users or between users and third party vendors, in the event that you have a dispute with one or more users or third party vendors, you hereby release Seven Bridges (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
The Services and the Website are intended to serve a general audience and do not provide specific features or services targeted at children under age 18. We do not knowingly solicit personal information regarding children under age 18.
14. JURISDICTIONAL ISSUES.
15. TERM AND TERMINATION.
16. GOVERNING LAW.
These Terms, and any dispute between you and Seven Bridges, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that Section 2 of the Federal Arbitration Act is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Seven Bridges must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and Seven Bridges agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. You and Seven Bridges agree to waive trial by jury in any court proceeding.
17. AGREEMENT TO ARBITRATE.
You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the Agreement To Arbitrate. You must use this address to opt out: Seven Bridges Genomics Inc. ATTN: Arbitration Opt-out, 1 Broadway, 14th Floor, Cambridge, MA 02142.
This Arbitration section will survive the termination of Your relationship with Seven Bridges.
a. Jurisdictional Issues. Seven Bridges makes no representations that information on our Services is appropriate or available for use outside the United States. If you choose to access our Services from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws and regulations. If you transact business through our Services with a party that is located outside the United States, You agree and acknowledge that you do so voluntarily, that you are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact your transaction, and you understand that Seven Bridges disclaims all responsibility related to such transaction.
b. Publicity. You agree that we may list you as a customer on our website or marketing lists.
c. Export Controls. You agree to comply with all applicable export laws and regulations, including the Export Administration Regulations and economic sanctions programs implemented by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). Without limiting the foregoing, you hereby warrant that you are not a Restricted Person. For purposes of these Terms of Service, you are a Restricted Person if you, or any officer, director, or controlling shareholder of the person or entity that has a Group Agreement, is (1) a national of, located within, or organized under the laws of Cuba, Iran, North Korea, Sudan, Syria, the Crimea region of Ukraine, or any jurisdiction in which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by OFAC; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List, Entity List, or Unverified List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person, you shall notify us within twenty-four (24) hours, and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to us. You agree that you shall not utilize the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized by the U.S. Government and with prior written notice to us. You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, to any Restricted Person or otherwise in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Seven Bridges Genomics Inc.
1 Main St #500
Cambridge, MA 02142 USA
+1 (617) 294-6582
Copyright © 2015, Seven Bridges Genomics Inc. All Rights Reserved. Version: November 15, 2015