Home > Terms And Conditions
Website Terms Of Use ("Agreement")
This version (3) is in effect since October 2009
Welcome to Public Population Project in Genomics" websites: www.p3g.org,
www.datashaper.org or www.p3gobservatory.org
(the "Sites" or individually "Site"). These P3G Sites are an open and publicly
accessible database of expertise, resources and innovative tools, and are integral to P3G Consortium's mission
to enable the international research community to share expertise and resources and facilitate knowledge transfer for
the health of populations. THE SITES ARE COMPRISED OF INFORMATION, TOOLS, VIDEOS, SOFTWARE AND MATERIAL EITHER CREATED
AND THEREBY OWNED BY THE P3G CONSORTIUM, OR OWNED AND MADE FREELY AVAILABLE BY CONTRIBUTORS ("
CONTRIBUTORS
"),
IN ACCORDANCE WITH P3G CONSORTIUM'S PHILOSOPHY OF INTERNATIONAL SHARING AND COLLABORATION.
- 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 Sites 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 Sites and their content.
- Ownership and User Submissions
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 these Sites (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 Consortium, of its Contributors or its respective owners,
as the case may be.
The P3G Consortium retains all copyright and any related intellectual property rights over the
organization of the Sites, database catalogues and the tools it has created. Your use of these Sites 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 these Sites, does not
constitute a waiver of any rights by the respective owners of such Content. Some of the material posted on these Sites,
such as articles and other documents, expresses the views of the author and may not be the views of the P3G Consortium,
its employees, directors, officers or funders.
- Permitted Uses and responsibilities
The P3G Consortium 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 Sites 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 these Sites is open
and made available to all users, whether or not members of the P3G Consortium. However, all users are encouraged use
the Content, such as data and tools, contained on the Sites 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 Sites by: (i) acknowledging the authors, and; (ii) referencing the Sites as its original
source (see 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 these Sites.
- 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 Sites or the Content.
The P3G Consortium 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 Sites 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 Sites and its Content, or linked sites connected to or accessible through the Sites;
viii) disrupting or interfering with any other person's use or enjoyment of the Sites or affiliated or linked sites, or any services thereof;
ix) transmitting on, to, or from the Sites 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 Sites; 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 Sites.
- Changes to the Agreement
P3G Consortium 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 Sites and its Contents if you do not accept and agree to these terms
and conditions. Use of the Sites and its Content after any amendments have been made shall constitute your acceptance
of the amended terms and conditions.
P3G Consortium may at any time, for any reason whatsoever, and without prior notice or incurring liability,
terminate, change, suspend or discontinue any aspect of the Sites, including:
i) changing the availability of, restricting access to, or imposing limits on any or all features or Content, or links to, the Sites, and;
ii) removing, adding, modifying or otherwise changing any Content on the Sites.
- Third Party Links
The Sites contains links, including hyperlinks, directing access to a third party's web sites ("Linked Sites").
P3G Consortium 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. P3G Consortium 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 Sites does not imply
any relationship or association between P3G and the owner of the Linked Sites or any endorsement or sponsorship by
P3G of the Linked Sites.
- Login Names and Password
Certain activities, features or portions of the Sites may by accessible only through a login name and/or password (collectively "Codes")
issued by the P3G Consortium. 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 Consortium by e-mail at observatory@p3g.org
if
your Code is lost or stolen, or you know or suspect that its confidentiality has been compromised in any way.
P3G Consortium 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 Consortium may at any time
require proof of the identity of any person seeking to access and use the Sites and deny access to or use of the Sites
or any of its Content if the P3G Consortium is not satisfied with such proof. The P3G Consortium is under no obligation to
verify the actual identity or authority of any person using Codes to access and use this Site.
- Privacy
P3G Consortium may in its discretion monitor your use of the Sites. The P3G Consortium collects, uses, stores and
discloses personal information in accordance with its Privacy Policy (please see P3G's "Privacy Policy" for more
information). P3G Consortium reserves the right to, in its sole discretion, update, modify or otherwise change any
part of its Privacy Policy without advance notice or incurring liability. You are responsible for periodically
reviewing the Privacy Policy and must discontinue your use of the Sites and its Contents if you do not accept and
agree to its terms and conditions. Use of the Sites and its Content after any amendments have been made the Privacy
Policy shall amount to your consent to the collection, use, storage and disclosure of your personal information by
the P3G Consortium according with the Privacy Policy as it then reads.
- User Submissions and Third Party Information
Any material, information or idea submitted or posted on the Sites ("User Submissions"), whether
unsolicited or solicited by P3G for the purposes of use on the Sites, will be considered non-confidential.
Unless otherwise agreed to in writing by the P3G Consortium, you agree that the P3G Consortium may share and
reproduce User Submissions for any purpose whatsoever in accordance with P3G's philosophy of international
sharing and collaboration. You hereby waive the right to receive any financial or other consideration in
connection with any User Submissions, unless otherwise agreed to in writing by P3G Consortium. If any of the
information submitted constitutes personal data, you allow it to be treated in accordance with P3G's Privacy Policy.
With regard to any third party User Submissions, you understand and agree that P3G Consortium:
(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.
- DISCLAIMER
THE P3G CONSORTIUM MAKES REASONABLE EFFORTS TO ENSURE THAT THE GENERAL CONTENT ON THE SITES IS ACCURATE AND CURRENT.
HOWEVER, THE CONTENT OF THESE SITES, 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 P3G CONSORTIUM, 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 THESE SITES OR ANY
OF ITS CONTENT EVEN IF THE P3G CONSORTIUM OR ANY OF ITS LAWFUL MANDATORIES, EMPLOYEES OR CONTRIBUTORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. THE P3G CONSORTIUM ASSUMES NO OBLIGATION TO UPDATE THE CONTENT
OF THE SITES AND SHALL NOT BE HELD LIABLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
- Indemnity
You agree at all times to indemnify, defend and hold harmless the P3G Consortium, 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 Sites 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.
- Termination
P3G Consortium shall all have the right, in its sole discretion, remove any Materials from the Sites, terminate any
services of the Sites and prohibit use of the Sites in the event of a violation of any provision contained herein.
In the event of termination for whatever reason: (i) this Agreement will nevertheless continue to apply and be
binding upon you in respect of your prior use of these Sites and anything connected with, relating to or arising from
that use; and (ii) P3G Consortium may continue to use and disclose your personal information in accordance with its
Privacy Policy, as amended from time to time. Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 persist indefinitely after
the termination of this Agreement.
- Governing Laws
The P3G Consortium is incorporated under the laws of Canada. These Sites are controlled, operated and administered by
P3G Consortium, 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.
- Other matters
This Agreement, as it may be amended from time to time, and any and all other legal notices and policies on the Sites,
constitute the entire Agreement between you and the P3G Consortium with respect to the use of this Sites and the Content.
- Contact Us
P3G Consortium hopes that you find the Sites 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.
P3G Consortium hopes that you find the Site to be a valuable resource and welcomes your feedback.
Public Population Project in Genomics (P3G)
3333 Queen Mary Road, Suite 590
Montréal, Québec, Canada, H3V 1A2
(514) 343-7001
observatory@p3g.org