GenomeStream - Terms of Service
GenomeStream is service for processing of genetic data and material. It is not limited to being a web- or software service. Any provisions made in this document shall equally apply to any tools, service or deliverables generated or provided by GenomeStream, regardless of this being a physical delivery, a software service or a service provided involving manual labor. This Agreement provides User the access to and usage of a software service as further outlined on the Site.
BY USING THE SERVICE, THE USER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF AN ORGANIZATION, THEN THE USER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THE ORGANIZATION’S BEHALF.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“GenomeStream” or “We” refers to our Site, Service, and our Company, known as “Hemispherian AS”, or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Agreement” refers to these Terms of Service.
“Service” refers to the services that we provide through our Site, any service we or any contractor affiliated with us provides on our behalf, Apps, including our Software as a Service and our Site itself;
“Site” refers to our website, genomestream.com;
“User” refers to you who is entering into this Agreement with Hemispherian, and, if you enter into this Agreement on behalf of an organization, that organization.
3. General Terms
Service Provided AS IS: The Service is provided “as is” with no warranty. Hemispherian will provide User support for the Service, however, while we are in beta phase, we are not committed to any level of service or availability of the Service. A further description of the Service and our user support available at the Site. No refund or credit will apply in case of our service temporarily not being available.
Company Liability: If you enter into this agreement on behalf of a company, you hereby agree that the company is responsible under this Agreement for all actions and omissions conducted by its designated users of the Service.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must not sign up on behalf of a natural person other than yourself.
- You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you hereby agree that both you and that organization shall be jointly and severally liable for the fulfillment of any obligations imposed herein.
- You must not be in violation of any embargoes, export controls, or other laws of the Kingdom of Norway or other countries having jurisdiction over this Agreement, Hemispherian AS, and yourself.
- You must provide us with personal information, and other information that we deem necessary to provide you with our Service.
We reserve the right to limit the eligibility, or revoke access to our services at our sole discretion without the need for an explanation, in which case no refund for services already provided will be given.
5. Rules of Use
Users of GenomeStream (i) must keep its passwords secure and confidential; (ii) is solely responsible for User Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify GenomeStream promptly of any such unauthorized access; and (iv) may use the Service only in accordance with GenomeStream’s online user guide and all applicable laws and regulations. You must not:
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the GenomeStream Site, Service, or its Users’ computers.
- Do anything which could bring GenomeStream into disrepute or violate the rights of any person.
6. Intellectual Property Rights
Grant and Reservation of Rights: Hemispherian hereby grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for its intended purpose. The software, workflow processes, user interface, designs, and other technologies provided by GenomeStream are the proprietary property of Hemispherian AS and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain solely with Hemispherian AS. User may not remove or modify any proprietary marking or restrictive legends in the Service. Hemispherian AS reserves all rights unless expressly granted in this agreement.
Restrictions: You agree not to copy, distribute, display, disseminate, reverse engineer, or otherwise reproduce any of the information on the Site without receiving our prior written permission. User may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
The GenomeStream Brand: “GenomeStream” is a trademark used by us, Hemispherian AS, to uniquely identify our Site, Service, and business. User agrees not to use this phrase anywhere without our prior written consent, except for the use of and referral to the Service in accordance with this agreement. Additionally, User agrees not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. User agrees that this paragraph may go beyond the governing law on intellectual property rights.
Revocation: Hemispherian AS may revoke our consent for your use of our intellectual property, or any other permission granted to User under this Agreement, at any time. User agrees that if we so request, User must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to User.
User Data: All data and files uploaded by User remains the property of User, as between Hemispherian AS and User (User Data). User grants Hemispherian AS and its contractors the right to use the User Data solely for purposes of performing under this Agreement. As a personal user, you will gain access to the Service because your team or organization has entered into an agreement with Hemispherian AS. You agree that your team or organization shall have the right to use your content and treat it as its own, subject to any other agreement you may have with your team or organization related to this.
Aggregated Data: During and after the term of this agreement, Hemispherian AS may use non-personally identifiable User Data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.
7. Term and termination
This Agreement continues for monthly periods until all orders or the Agreement in itself is terminated by either party. Either party may terminate the agreement with immediate effect. Upon termination, Hemispherian’s liability for refunding (any) payment made by User will be limited to the amount paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case User agrees that we are not required to provide any refund or other compensation whatsoever.
8. Limitation of liability and indemnity
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, DEFECT IN TITLE, NEGLIGENCE, OR ANY OTHER TORT. WITHOUT PREJUDICE TO THE FOREGOING, HEMISPHERIAN IS IN NO EVENT LIABLE FOR INDIRECT LOSS, INCLUDING THE LOSS OF USER DATA, OR LIABLE FOR ANY LOSSES RELATED TO ACTIONS OF OTHER USERS.
Total Liability: Under any circumstances, Hemispherian’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Customer within the 3-month period prior to the event that gave rise to the liability.
Indemnity: If any third-party raise a claim against GenomeStream that any part of the User Data infringes or violates that party’s patent, copyright or other right, User will defend Hemispherian AS against that claim at User’s expense and pay all costs, damages, and attorney’s fees, that a court finally awards or that are included in a settlement approved by User. Hemispherian shall under such circumstances notify User in writing of the claim and cooperate with User in the defense and any related settlement.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT UNDER MANDATORY LAW REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Applicable Law and Resolution of Disputes: This Agreement shall be governed by the laws in force in the Kingdom of Norway. Any dispute under or in relation to this agreement shall exclusively be settled by arbitration in Oslo by three arbitrators, according to the rules of the Norwegian Arbitration Act (Act. No. 25, 2004). If mandatory law should prevent that a dispute is resolved by arbitration, the dispute shall exclusively be settled by the courts of Norway, with Oslo District Court as legal venue.
Non-Waiver: Hemispherian AS reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment of Rights: User may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Survival of Terms: Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive.
Amendments: We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service and your continued use of our Service shall constitute your acceptance of any such amendments. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at firstname.lastname@example.org so that we may disable your account.
Last modified: May 12, 2018