BETWEEN
omicX,
A limited liability company (“société par actions simplifiée”), registered with the Rouen Registry of
Trade and Companies under the number 790202006 with its registered office at 72 rue de la
République – 76140 LE PETIT QUEVILLY, France Represented by Mr. Arnaud DESFEUX in his capacity as CEO
Hereafter referred to as the “OmicX”
And
THE USER as defined hereinunder,
Identified by the IP connection address
Hereafter referred to as the “user”
OmicX provides the User access to its website www.omictools.com (hereinafter referred to as the “Website”) which mainly consists in a workflow for genomic, transcriptomic, proteomic and metabolomic data analysis. All tools have been classified by omic technologies, applications and analytical steps.
OmicX indexes and files software fact sheets according to a specific method of classification, freely modifiable by Users in the scientific fields.
OmicX provides classified technology tools and services for the scientific community.
OmicX holds exclusive intellectual property rights worldwide in respect of the Website and of the Database defined hereinunder, which is protected by authors’ rights (“droit d’auteur”), sui generis database rights and by copyright, including an automated database registration with the United States Copyright Office.
By using the Website, the User agrees to be bound by the present terms and conditions (hereinafter referred to as the “Agreement” or the “Terms of Use”). The User’s approval shall be formalized with a “click” on the final mention “I have read and agree to the terms of use” on the sign-up page.
OmicX reserves the rights at its sole discretion and at any time to:
Any changes will be effective immediately upon notice, and provided by any means including, without limitation, posting on the Website or via electronic mail. Use of the Website after such notice will be deemed acceptance of such changes.
The “Service(s)” refer(s) to the applications, software, products, and services provided by OmicX.
The “Website” refers to OmicX website located at omictools.com, and all content, Services, and products provided by OmicX through the Website, including access to the Database as defined below.
The “User” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
The “Contributor” or “External biocurator” is a type of User enjoying larger action rights than the standard User as described on the table. The Contributor is therefore fully subject to the present Terms of Use. The table shall constitute and shall be read and construed as integral part of the present Terms of Use.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by Users.
“Database” shall mean the database called “OMICtools”, including:
The User must provide a valid email address in order to complete the signup process, as well as the following information: first name, last name, professional headline, educational degree, institution or company, work availability, spoken language, programming language, fields of interest (list of biological topics), country, city.
The User must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.
One person or legal entity may maintain no more than one free account.
The User login may only be used by one person. An organization account may create separate logins for as many Users as its subscription allows. The number of Users must not exceed the number of accounts ordered from OmicX.
The User is responsible for keeping his/her account secure while using the Service and for maintaining the security of his/her account and password.
The content of any User’s account and its security is up to the User.
The User is responsible for all content posted and activity that occurs under his/her account. OmicX cannot be liable for any loss or damage from User failure to comply with the abovementioned security obligations.
The User must promptly notify OmicX upon becoming aware of any unauthorized use of, or access to, the Service through his/her account, including any unauthorized use of his/her password or account.
The Website is owned and operated by OmicX. Unauthorized use of the Contents or the Website may violate copyright, trademark, patent and other laws and is prohibited. The User acknowledges that he/she does not acquire any ownership rights by using the Website.
The Website, including any Content or information contained within it or any site related Service, or any product or service licensed, purchased or otherwise made available through the Website, are provided “as is” with no representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, OmicX makes no representation as to the results to be obtained from use of the Website or the site-related Services.
OmicX does not warrant that use of the Website will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Website (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. The User acknowledges that he/she is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website, and all charges related thereto. The User assumes total responsibility and risk for his/her use of the Website and the Service and their reliance thereon. Any use of the Website and any Contents provided through the Website is entirely at User’s own risk.
OmicX cannot and does not confirm that Users are who they claim to be. OmicX shall not be involved in User-to-User transactions or control the behavior of any Website’s Users. In the event of dispute between Users, OmicX shall be released from all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
While OmicX will use reasonable efforts to back up Website data and make such data available in the event of loss or deletion, OmicX has no responsibility or liability for the deletion or failure to store any messages and other communications or other Contents maintained or transmitted by the Website. OmicX reserves the right to mark as “inactive” and archive accounts and/or Contents that are inactive for an extended period of time.
When Users submit, post, upload or otherwise provide code to the Website, the User grants OmicX and their legal successors the right to store and display the User Content and make incidental copies as necessary to render the Website and provide the Service.
The User gives OmicX the right to reproduce the Content (to copy it to OmicX Database and to make backups); display it so that it can be shown to Users; modify it; distribute it (so that it can be shared with other Users); and perform it (in case the Content is music or video).
This license grants OmicX the right to sell User Content or otherwise distribute it to Users within the Service.
When a User creates or makes available code on the Website, he/she represents and warrants that:
OmicX is not responsible for any public display or misuse of User-Generated Content.
Users retain responsibility for Content they create.
OmicX does not pre-screen User-Generated Content, but has the right (though not the obligation) to refuse or remove any User-Generated Content that, in OmicX’ sole discretion, violates any OmicX’ terms or policies.
Any Content posted publicly by a User, including issues, comments, and contributions to other Users’ repositories, may be viewed by others. By setting his/her repositories to be viewed publicly, the User agrees to allow others to view and “fork” the said repositories (i.e. making their own copies of the User’s Content in repositories they control).
If pages and repositories are set to be viewed publicly, the User grants each User of OmicX a non-exclusive, worldwide license to access his/her Content through the Service, and to use, display and perform his/her Content, and to reproduce his/her Content solely as permitted through the Website’s functionality.
The User agrees to assign and hereby assigns and transfers to OmicX, and OmicX hereby accepts, all right, title, and interest throughout the world in any and all authors’ rights (“droit d’auteur”), copyright rights the User may have in contributions by the User, if any, to the Database, whether vested, contingent or future, together with any and all accrued causes of action thereunder.
In the event that, by operation of law, the User is deemed to have retained authors’ rights (“droit d’auteur”) or copyright rights in any portion of the Database, the User grants to OmicX a non-exclusive, perpetual, irrevocable, world-wide, paid-up license to exercise, use, sublicense, transfer, rent, and lease all such rights, and further grants OmicX the right to authorize the exercise, use, sublicense, transfer, rent, and lease of all such rights.
OmicX retains ownership of all intellectual property rights of any kind related to the Website and Service, including the Database. OmicX reserves all rights that are not expressly granted to the User under this Agreement or by law. The look and feel of the Website and Service is copyright © OmicX All rights reserved. The User may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from OmicX.
The User shall be informed that the Database architecture, its presentation, its layout, its contents and the method of classification of data listed therein, such as described above, are protected by authors’ rights (“droit d’auteur”), copyright and sui generis database rights.
The User has a simple right of use on said Database with a view to the access, consultation and modification of data in the conditions provided in this Agreement and on the table.
Therefore, the User has no right to reproduce, adapt, translate or represent the Database.
The User also undertakes not to:
The User shall not scrape any Content from the Service or Website.
No Application Program Interface (API) access is available.
OmicX shall not be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website and/or Contents contained on the Website, or any Services purchased through the Website. The User’s sole remedy for dissatisfaction with the Websites and/or Contents contained is to stop using the Website. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort, including, without limitation, negligence or otherwise) shall be the total amount paid by the User, if any, to access the Website.
This Agreement shall enter into force on the date of the first connection by the User to the Website enabling access to the Website and Service, as per the User’s IP address, for a period of twelve months.
This Agreement shall be tacitly renewed under the same conditions, and every twelve months, unless one of the parties decides not to renew the Agreement, which must be notified to the other party by registered letter with acknowledgment of receipt or any other means including a definite receipt date, which must arrive at the latest two months prior to the term of the Agreement.
In addition, OmicX has the right to suspend or terminate the User’s access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. OmicX reserves the right to refuse Service to anyone for any reason at any time.
Upon the termination of this Agreement, regardless of the cause, the User shall undertake not to copy, reproduce with a view to its communication to third parties and more generally not to reuse, disclose, distribute in any form whatsoever, translate or adapt the data obtained in the performance of this Agreement, nor to use the data in a manner likely to affect OmicX’ rights.
OmicX will retain and use User information as necessary to comply with its legal obligations, resolve disputes and enforce its agreements. Users’ full profile and the User Contents will be deleted within 90 days of cancellation or termination (though some information may remain in encrypted backups), save for legal requirements to the contrary. This information cannot be recovered once the User’s account is cancelled.
Contents that the User has contributed to other Users’ repositories or that other Users have forked will not be deleted.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of OmicX to enforce any provision of this Agreement will not be considered a waiver of OmicX’ right to enforce such provision. OmicX’ rights under this Agreement will survive any termination of this Agreement.
OmicX may assign or delegate the present Agreement, in whole or in part, to any person or entity at any time with or without the User’s consent.
This Agreement may not be subject to any transfer by the User, in full or in part, in return for financial consideration or gratuitously, or any disposal or sub-license, even on a courtesy basis, without OmicX’ prior written approval.
This Agreement shall be subject to French law.
Any dispute arising from the interpretation or application of this Agreement shall be subject to the jurisdiction of the Paris Tribunal de Grande Instance, France.
By using OMICtools the User acknowledges that he/she has read and accepted the present Terms of Use.
