Web site Terms and Conditions ("Agreement")
Welcome to Public Population Project in Genomics" (“P3G”) web site: www.p3g.org, (the "Site"). The P3G Site is an open and publicly accessible database of expertise, resources and innovative tools, and is integral to the P3G's mission to enable the international research community to share expertise and resources and facilitate knowledge transfer for the health of populations. THE SITE IS COMPRISED OF INFORMATION, TOOLS, VIDEOS, SOFTWARE AND MATERIAL EITHER CREATED AND THEREBY OWNED BY THE P3G, OR OWNED AND MADE FREELY AVAILABLE BY USERS (IN ACCORDANCE WITH P3G'S PHILOSOPHY OF INTERNATIONAL SHARING AND COLLABORATION.
1. Acceptance of Terms & Conditions
YOUR ACCESS AND USE OF THE SITES IS CONTINGENT ON THE FOLLOWING AGREEMENT. Please review the terms & conditions carefully before proceeding. By visiting or using the Site you agree on your personal behalf, and as an agent of the entity for which you act, to accept and abide by these terms and conditions of use. If you do not accept and agree to these terms and conditions, you must discontinue your use of the Site and its content.
2. User Submissions and Third Party Information
You are solely responsible for User Submissions you submit, transmit through or upload to the Site and the consequences of posting or publishing them.
You further agree that you will not submit User Submissions that violate the Permitted Uses and Responsibility, are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submissions and to grant the P3G and other Site users the license rights granted herein.
With regard to any third party User Submissions, you understand and agree that P3G:
(i) does not guarantee its accuracy, completeness or validity;
(ii) shall not be responsible for, and is hereby released of liability in any way connected with any User Submissions.
That said, the P3G does not permit activities on the Site that constitute infringement of any intellectual property rights and reserves the right to remove User Submissions without prior notice or liability.
3. User Submissions to P3G and/or Maelstrom catalogues
4. Third Party Links
The Site contains links, including hyperlinks, directing access to a third party's web sites ("Linked Sites"). The P3G provides these links only as a convenience and does not control, monitor, or endorse the Linked Sites or the information, tools, or materials appearing, available or described thereon. The P3G makes no representation or warranties as to the content of any Linked Sites and shall not be responsible for any materials, information, or content posted on the Linked Sites. When you access such sites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between the P3G and the owner of the Linked Sites or any endorsement or sponsorship by the P3G of the Linked Sites.
5. P3G’s Proprietary Rights
You acknowledge that any and all information, tools, catalogues, reports, guidelines, articles, data, databases, charts, graphics, maps, interfaces, videos, web pages, text, files, software, product names, company names, institution or organization names, trade-marks, logos, trade names and any and all material contained on this Site (collectively, the "Content") including the manner in which the Content is presented or appears and all information relating thereto, are protected under applicable copyright, trade-marks and other proprietary rights are the property of the P3G, of its Contributors or its respective owners, as the case may be.
The P3G retains all copyrights and any related IP right on the organization of the Site, database and catalogues. Reproduction of a substantial part of the database or Web site is strictly forbidden.
Your use of this Site does not provide you with any ownership rights to the Content or any other real or implied right that might arise through the use of this Content. The posting or addition to any Content, such as information, tools or material on this Site, does not constitute a waiver of any rights by the respective owners of such Content. Some of the material posted on this Site, such as articles and other documents, expresses the views of the author and may not be the views of the P3G, its employees, directors, officers or funders.
6. Information Usage
The P3G is committed to placing the tools it develops in the public domain so as to support the international scientific community in improving the health of populations. Therefore, you are encouraged to access, read, use and download the Content placed on the Site for personal, educational, research, public non-commercial use and for not-for-profit use only. Use of the password-protected areas of the Site and authorized users are subject to additional terms and conditions. Except for the password-protected area, the Content provided on this Site is open and made available to all users, whether or not members of the P3G. However, all users are encouraged use the Content, such as data and tools, contained on the Site responsibly. Users must recognize the intellectual property rights related to any of the documents, tools (including but not limited to the EXPRESSO Power Calculator) or guidelines offered on the Site by: (i) acknowledging the original authors, and; (ii) if applicable, referencing the Site as its original source (see the P3G guidelines on publication on how to make such reference). In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Site.
The P3G does not consider the deposition of its proceedings, standards, and methods on the Site to be the equivalent of publication in a peer-reviewed journal.
7. Prohibited Uses
In connection with your Use, you agree NOT to, directly or indirectly:
i) Violate any local, provincial, or federal laws that apply or may apply to your use of the Site or the Content. The P3G will investigate occurrences which may involve violations of such laws and cooperate with law enforcement authorities in prosecuting users who are involved in such violations;
ii) export any of the Content accessible through the Site in violation of applicable export laws and regulations (see "Governing Laws", below)
iii) infringe on any intellectual property and privacy rights, including, but not limited to:
a. infringing patent, copyright, trademark, or trade secrets of P3G or any third party
b. removing copyright or other proprietary notices contained herein
c. reproducing a substantial part of the Content including, but not limited to, the databases or catalogues on another site
iv) selling, modifying or attempting to modify the Content in any way
v) framing, mirroring, scraping or data-mining this Site or any of its Content in any form and by any means;
vi) using this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the
vii) functioning of, or otherwise abuse, the Site and its Content, or linked sites connected to or accessible through the Site;
viii) disrupting or interfering with any other person's use or enjoyment of the Site or affiliated or linked sites, or any services thereof;
ix) transmitting on, to, or from the Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail or advertisement
x) posting notices or advertisements, commercial or otherwise, or solicit business from users of the Site; or
xi) deleting or revising any content posted by any other person or entity;
xii) posting or transmitting any threatening, obscene, libellous or otherwise offensive material on the Site.
8. Changes to the Agreement
P3G reserves the right to, in its sole discretion, update, modify or otherwise change any part of this Agreement without advance notice or incurring liability. You are responsible for periodically reviewing the Agreement and must discontinue your use of the Site and its Contents if you do not accept and agree to these terms and conditions. Use of the Site and its Content after any amendments have been made shall constitute your acceptance of the amended terms and conditions.
P3G may at any time, for any reason whatsoever, and without prior notice or incurring liability, terminate, change, suspend or discontinue any aspect of the Site, including: i) changing the availability of, restricting access to, or imposing limits on any or all features or Content, or links to, the Site, and; ii) removing, adding, modifying or otherwise changing any Content on the Site.
9. Login Names and Password
Certain activities, features or portions of the Site may by accessible only through a login name and/or password (collectively "Codes") issued by the P3G. After being issued a Code, you agree to:
i. assume full responsibility for the security of your Codes and any and all uses and misuses of your Codes or liability arising therefrom;
ii. ensure that your password remains secure and confidential at all times;
iii. immediately notify the P3G by e-mail at firstname.lastname@example.org if your Code is lost or stolen, or you know or suspect that its confidentiality has been compromised in any way.
The P3G retains ownership of the Codes and may at any time, in its sole discretion, and without providing prior notice to the user or incurring liability, cancel or suspended the use of the Code. The P3G may at any time require proof of the identity of any person seeking to access and use the Site and deny access to or use of the Site or any of its Content if the P3G is not satisfied with such proof. The P3G is under no obligation to verify the actual identity or authority of any person using Codes to access and use this Site.
THE P3G MAKES REASONABLE EFFORTS TO ENSURE THAT THE GENERAL CONTENT ON THE SITE IS ACCURATE AND CURRENT. HOWEVER, THE CONTENT OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY OF ITS TOOLS, DATABASE AND CATALOGUES, ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ITS: (i) UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE OPERATION; (ii) THE AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, OR PRIVACY; OR (iii) THE MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE P3G, ITS CONTRIBUTORS, MANDATORIES, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY SITES, THIRD-PARTY CONTENT, TOOLS, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS SITE OR ANY OF ITS CONTENT EVEN IF THE P3G OR ANY OF ITS LAWFUL MANDATORIES, EMPLOYEES OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. THE P3G ASSUMES NO OBLIGATION TO UPDATE THE CONTENT OF THE SITE AND SHALL NOT BE HELD LIABLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
You agree at all times to indemnify, defend and hold harmless the P3G, its Contributors, mandatories, suppliers, service providers and their respective directors and employees (collectively, the "Indemnified Parties") from and against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever, including but not limited to legal and other fees incurred or paid by the Indemnified Parties directly or indirectly as a result of your use of the Site or its Content, your User Submissions, or your violation of any of these terms and conditions. You agree to assist and co-operate as fully as reasonably required in the defense by the Indemnified Parties of any such claim or demand.
The P3G shall all have the right, in its sole discretion, remove any Materials from the Site, terminate any services of the Site and prohibit use of the Site in the event of a violation of any provision contained herein.
14. Governing Laws
The P3G is incorporated under the laws of Canada. This Site is controlled, operated and administered by the P3G, from its offices in Québec, Canada. This Agreement is governed by the provincial laws of Québec and the federal laws of Canada and shall be treated in all respects as a Québec contract, without reference to the principle of conflict of laws. All disputes arising from or in connection with the Sites and this Agreement shall be subject to the exclusive jurisdiction of the Québec courts.
15. Other matters
This Agreement, as it may be amended from time to time, and any and all other legal notices and policies on the Site, constitute the entire Agreement between you and the P3G with respect to the use of this Site and the Content.
16. Contact Us
The P3G hopes that you find the Site to be a valuable resource and welcomes your feedback.
If you have any comments or questions about this Agreement or your use of the Site, please contact us. The P3G hopes that you find the Site to be a valuable resource and welcomes your feedback.
Public Population Project in Genomics (P3G)
McGill University and Genome Quebec Innovation Centre
740 Dr Penfield Avenue, Suite 5104
Canada H3A 0G1