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USE OF THIS SITE IS SUBJECT TO eGENOME AND THE CHILDREN'S HOSPITAL
OF PHILADELPHIA'S TERMS OF USE AGREEMENT
TERMS OF USE
This
web site is hosted and operated by the Children's Hospital of Philadelphia
("CHOP"). Please read these Terms of Use ("Terms") carefully before
accessing the web site. By accessing the eGenome web site or transmitting
any material, information, or data to the eGenome web site (the
"Site") you indicate that you have read the following terms and
agree to be bound by and comply with them. If you do not so agree,
please promptly exit the site.
Right to Use: CHOP hereby grants you a non-exclusive license
to use the research, data sets and information (collectively called
"Data") posted on the Site in accordance with these Terms. CHOP
at any time in its sole discretion, and without further notice,
may accept, reject, or delete Data in whole or in part submitted
for display on the site.
Limitations
on Use: You agree not to make any unauthorized use of
the Site or the Data, including but not limited to: uploading,
posting, emailing,
transmitting or otherwise making available any material that contains
software viruses or any other computer code, files or programs
designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; and
attempting
to defeat or circumvent security features, using the Site for other
than its intended purposes, denying service to authorized
users,
accessing, altering, obtaining, altering, damaging or destroying
information or otherwise interfering with the Site or its
operation.
You agree that you will not upload, post, email, transmit or otherwise
make available any data, material or information that you
do not
have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements). You further
agree
not to upload, post, email, transmit or otherwise make available
any data, material or information that infringes any patent,
trademark,
trade secret, copyright or other proprietary rights ("Rights")
of any party. If you do transmit any data to CHOP protected by
copyright
or, then it is your responsibility to place an appropriate copyright
notice on the data so transmitted, so that the copyright status
of the data may be properly indicated on the website. Failure to
include a copyright notice relieves CHOP of any responsibility
to
indicate the copyright status of posted data. if data submitted
to CHOP is in the public domain, then you agree to so indicate
when transmitting the data to CHOP. in any case, you agree that
CHOP
may rely on your indication of copyright status, and that CHOP
has
no independent duty to investigate or ascertain the copyright status
of material transmitted to it, regardless of whether a copyright
notice, or no copyright notice, or notice of public domain has
been
included with the data.
Security
Notice: CHOP may use software programs to monitor this Site
for security purposes to ensure it remains available to all users
and to protect information in the system. By accessing this Site,
you are expressly consenting to these monitoring activities.
Unauthorized
attempts to defeat or circumvent security features, to use the Site
for other than its intended purposes, to deny service to authorized
users, to access, alter, obtain, damage or destroy information,
or otherwise to interfere with the Site or its operation are prohibited.
Evidence of such acts may be disclosed to law enforcement authorities
and result in criminal prosecution under the Computer Fraud and
Abuse Act of 1986 and the National Infrastructure Protection Act
of 1996, codified at section 1030 of Title 18 of the United States
Code, or other applicable criminal laws.
Disclaimer
of Endorsement: Reference herein to any specific commercial
products, process, or service by trade name, trademark, manufacturer,
or otherwise, does not constitute or imply its endorsement, recommendation,
or favoring by CHOP. The views and opinions of authors expressed
herein do not necessarily state or reflect those of CHOP, and shall
not be used for advertising or product endorsement purposes.
Disclaimer
of Warranties: WITH RESPECT TO DATA AVAILABLE ON THE SITE, CHOP
MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT OR PROCESS
ON THE SITE, AND FURTHER MAKES NO WARRANTY THAT THE USE OF THE INFORMATION,
DATA, APPARATUS, PRODUCT OR PROCESSES WILL NOT INFRINGE ANY THIRD
PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE DATA
IS PROVIDED "AS IS." THE SITE MAY PROVIDE LINKS TO OTHER INTERNET
SITES ONLY FOR THE CONVENIENCE OF WORLD WIDE WEB USERS. CHOP IS
NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF THESE EXTERNAL
SITES, NOR DOES CHOP ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS,
SERVICES, DATA OR INFORMATION DESCRIBED OR OFFERED AT THESE OTHER
INTERNET SITES.
Disclaimer
of Liability: In no event shall CHOP be liable for any special,
incidental, indirect or consequential damages of any kind, lost
profits, or any damages whatsoever resulting from a loss of use
of or interruption of access to the Data or the Site, whether or
not advised of the possibility of damage, or on any theory of liability
arising out of or in connection with the use or performance of Data
on the Site.
Copyright
Status: The Site, itself, including without limitation, the
presentation of the Data in charts and tables, the look and feel
of the Site, the layout of web pages, and all other text or content
created by CHOP is copyright protected. For such material, CHOP
retains all rights, including without limitation, the rights of
reproduction and redistribution. Third party authors who submit
material to the Site grant to CHOP a royalty-free, worldwide, non-exclusive
license to use, display, modify, create derivative works from, reproduce,
redistribute, and publish such material in connection with the Site.
To the extent that material is in the public domain, it may be freely
downloaded and reproduced. Third party submitting authors and copyright
holders retain all rights to their copyright material. All persons
reproducing, redistributing or using copyright material in any way
must adhere to the following conditions:
-
A person using copyright materials online may view, reproduce
or store copies of such data or materials, provided that the information
is for her or his individual use.
- Any
copies of materials printed from the Site, in whole or in part,
must include the copyright notice.
- The
copyright material may not be distributed to any other person
without the prior permission of the author, EXCEPT THOSE USES
CONSISTENT WITH THE "FAIR USE" LIMITATIONS OF U.S. COPYRIGHT LAW,
which generally permit use for noncommercial, educational purposes,
such as teaching, research, criticism and news reporting.
- Requests
for permission to reproduce, redistribute or otherwise use materials
in a manner not expressly authorized in this section should be directed
to
.
Privacy
Notice: CHOP collects certain forms of information through standard
Web logs for the purpose of site management. Of the information
we learn about you from your visit to genome.chop.edu, we store
only the following:
- the
Internet Protocol (IP) address of the domain from which you access
the Internet (i.e., 210.987.654.321), either your individual address
or the proxy provided by your Internet Service Provider (ISP);
-
the date and time you access our site;
-
pages you view (recorded by the text and graphics files that compose
those pages);
-
terms entered onto our search engine;
-
the Internet address of the web site from which you linked to
our site and search terms used to find our site if using an Internet
search engine; and
- Browser
version and operating system of the computer you are using.
This
information is used to measure the number of visitors to the various
sections of our Site and to help us make our Site more useful to
visitors. Unless it is specifically stated otherwise, no additional
information will be collected about you. This information is not
to be shared with anyone beyond the web site support staff, except
when required by law enforcement investigation, and is used only
as a source of anonymous statistical information.
We
use summary statistics to help us make our Site more useful to visitors,
such as assessing what information is of most and least interest
to visitors, and for other purposes, such as determining the Site's
technical design specifications and identifying system performance
and potential problem areas. We do not give, share, sell or transfer
any personal information to a third party.
When
inquiries are emailed to us, we store the question and the email
address information so that we may respond electronically. Unless
otherwise required by statute, we do not identify publicly who sends
questions or comments to our Site. We will not obtain information
that will allow us to identify you when you visit our Site, unless
you choose to provide such information to us. We do not forward
your mail outside of CHOP nor do we collect your name and email
address for any purpose other than to respond to your query. We
will only maintain the information as long as needed to respond
to your question or to fulfill the stated purpose of the communication.
Emails may otherwise be used for promotional purposes by CHOP in
connection with the Site and in accordance with the Terms.
Email
sent to CHOP may be seen by a number of people who are responsible
for answering questions. If the information specialist who answers
the mail does not know the answer to your question, your query may
be forwarded to another CHOP employee more experienced in that area.
You should be aware that email is not secure. Therefore, if your
communication contains sensitive or personal information, you may
want to convey that information by alternative means.
About
Cookies: The Site may use cookies. A cookie is a small file
that a web site transfers to your computer's hard disk, allowing
the server to "remember" specific information about your session.
Requests
to send cookies from CHOP web pages are not designed to collect
information about you, but only about your browser "session." The
cookie makes it easier for you to use the dynamic features of these
web pages and enhances your user experience. Unless a CHOP web page
specifically notifies you otherwise, we will not collect and maintain
personal information about you.
To
protect your privacy, be sure to close your browser completely after
you have finished conducting business with a web site that uses
cookies. If you are concerned about the potential use of information
gathered from your computer by cookies, you can set your browser
to prompt you before it accepts a cookie. Most Internet browsers
have settings that let you identify and/or reject cookies.
Indemnity:
You agree to indemnify and hold CHOP and its subsidiaries, affiliates,
officers, agents, or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of data, or any materials
or information you submit, post, transmit or make available through
the Site, your use of the Site, your connection to the Site, your
violation of these Terms or your violation of any rights of another
party (including, but not limited to, your employer or, if you are
an agent, your principal).
Termination:
You agree that CHOP, in its sole discretion, may terminate your
use of the Site. CHOP may also in its sole discretion, and at any
time, discontinue providing the Site, or any part thereof, with
or without notice. You agree that any termination of your access
to the Site under any provision of these Terms may be effected without
prior notice. Further, you agree that CHOP shall not be liable to
you or any third-party for any termination of your access to the
Site.
General:
The Terms constitute the entire agreement between you and CHOP and
govern your use of the Site, superceding any prior agreements between
you and CHOP. The Terms and the relationship between you and CHOP
shall be governed by the laws of the State Commonwealth of Pennsylvania
without regard to its conflict of law provisions. You and CHOP agree
to submit to the personal and exclusive jurisdiction of the Pennsylvania
and United States courts located within the county of Philadelphia,
in the State of Pennsylvania. The failure of CHOP
to exercise or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect.
Purpose:
This Site is presented for the sole purpose of disseminating scientific
information for public benefit. THE SITE AND ANY INFORMATION PROVIDED
ON THE SITE IS NOT INTENDED TO CONSTITUTE, AND YOU AGREE THAT THEY
DO NOT CONSTITUTE, THE PRACTICE OF OR THE FURNISHING OF MEDICAL,
NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION,
OR TREATMENT OR SERVICES IN ANY JURISDICTION IN THE WORLD. THE SITE
AND ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS NOT TARGETED
TO USERS IN ANY PARTICULAR LOCALITY, NOR INTENDED TO CONSTITUTE,
AND YOU AGREE THAT THEY DO NOT CONSTITUTE, DOING BUSINESS IN ANY
JURISDICTION OR THE SOLICITATION OF BUSINESS ANYWHERE BY CHOP, NOR
DO THEY CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE THE
COMMONWEALTH OF PENNSYLVANIA. If you are located in any jurisdiction
in the world where the common, statutory, regulatory, or codified
laws of such jurisdiction would void these Terms in whole or in
any essential part (the essential parts being at least, but not
only, the exclusive jurisdiction and venue provisions, the warranty
disclaimers, the limitations of liability, and the privacy guidelines
and terms of use), or would make accessing this Site illegal, then
you are not authorized to use this Site and, if you do so, it is
entirely at your own risk.
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