The National Center for Genome Resources ("NCGR") website (the "Website") is owned and
managed by The National Center for Genome Resources, a New Mexico nonprofit corporation
("Owner," or "we" or "us").
THE PURPOSE OF THE WEBSITE IS TO SHARE INFORMATION WITH A PROFESSIONAL AND
BUSINESS AUDIENCE CONCERNING GENOMIC DATA SCIENCE.
These Terms of Use are an agreement between Owner and each person who accesses or uses
the Website (a "User," or "you"). By accessing, browsing, or using this service, User agrees to be
bound by these Terms of Use. Owner may at any time revise these Terms of Use by updating
this posting. User's continued use of the service following the posting of notice of a change will
confirm User's acceptance of the change. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS
IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.
Owner undertakes to provide accurate and up-to-date information it posts on the Website.
However, each User should understand that all information obtained using the Website is
subject to change, does not constitute professional advice or opinions, has not been tested or
proven, and is provided "AS IS." Accordingly:
- THE USE OF THE INFORMATION AND ANY SUBMISSIONS MADE AVAILABLE ON THE WEBSITE
IS AT YOUR OWN RISK;
- Owner shall not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Website, and User is solely responsible for
any decisions made based on such information.
- Passing of time can render information contained in, or linked to, the Website stale. Owner
are not responsible for any misimpressions which may result from the use of dated material.
Owner does not undertake any duty to verify, update, supplement, correct, comment upon or
modify any information contained in the Website or any other site to which it is linked.
You may restrict access to this site using content filtering software or by changing your
computer settings (e.g. browser or operating system), as appropriate.
RULES AND RESTRICTIONS ON SUBMISSIONS
1. The Website may contain interactive services, including discussion groups, news groups,
bulletin boards, chat rooms, blogs and other social networking features, such as the display of
linked content from other sites, which may allow you to post, transmit or submit information,
including writings, images, illustrations, audio recordings, and video recordings ("Submissions").
Users should exercise common sense and courtesy with all Submissions. Inappropriate
Submissions, which Owner prohibits, would include, for example, comments or materials that:
- Are false or untrue in any material particular, or that, irrespective of falsity, directly, or by
ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter,
tend to create a misleading impression;
- Abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others;
- Are obscene or indecent;
- Upload or attach files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consents;
- Upload or attach files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer;
- Delete any author attributions, legal notices or proprietary designations or labels in any file
that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
or
- Violate applicable federal, state or local laws or regulations.
2. Submissions may not include content or materials that violate the copyrights, trademark
rights or other intellectual property rights of third parties.
3. Submissions may not contain unauthorized disclosures of proprietary or confidential
information. DO NOT POST PERSONALLY IDENTIFIABLE INFORMATION (AS IMAGES OR TEXT) TO
PUBLICLY VIEWABLE AREAS UNLESS YOU HAVE THE RIGHT TO DO SO AND CONSENT TO THE
PUBLICATION OF THAT INFORMATION.
4. Users may not use the Website in a manner or for a purpose that could violate federal or
state laws.
5. The purpose of the Website is strictly informational. Submissions may not include
advertisements, promotions, solicitations, "spam," chain letters, surveys, marketing
arrangements or the like.
6. Submissions may not include false or misleading representations of affiliation with any other
person or entity. A User may not employ false identifiers to impersonate any person or entity or
to misrepresent or disguise the true origin of any content.
7. Owner believes that anonymous postings are neither necessary for purposes of the Website,
nor consistent with the professional level of dialogue expected. Therefore, the User's name
(which must be provided) will be posted with the Submission.
8. Owner does not endorse, recommend or guarantee any Submission or any opinion,
recommendation or advice expressed therein.
9. Users may not interfere with or disrupt the Website, networks or servers connected to the
Website, such as by attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures, attempting to interfere with service to any
user, host or network, such as by overloading, "flooding," "spamming," "mailbombing" or
"crashing," sending unsolicited email, including promotions and/or advertising of products or
services, or forging any TCP/IP packet header or any part of the header information in any email
or newsgroup posting, or otherwise violating the regulations, policies or procedures of such
networks or servers.
10. Users may not employ any type of bots that can disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of the Website are able to type, show multiple
screens, or otherwise act in a manner that negatively affects other users' ability to engage in
real time exchanges.
11. Users may not use or attempt to use any engine, software, tool, agent or other device or
mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or
search the Website other than the search engine and search agents which Owner makes
available on the Website and generally available third-party web browsers.
OWNER'S RIGHT TO MONITOR AND ADMINISTER THE WEBSITE
Owner reserves the right to monitor and administer the Website and, in its sole discretion, to
block or remove any content posted to the Website. Owner reserves the right to disallow the
use of any particular screen name or e-mail address, or to suspend or terminate any User's
access or posting privileges at any time, including individual and group postings. While Owner
reserves the right to do so, Owner gives no assurance it does or will do so, as it is not Owner's
intention to edit or control content generally.
ACCOUNTS AND SECURITY
To use certain areas of the Website or related features, you may be asked to create an account
with a username and password. You agree that the account information you provide us will be
and remain accurate. You are responsible for maintaining the strict confidentiality of your
account username and password. You are responsible for any activity using your account and
password.
LINKED SITES
Owner does not review all of the sites linked to its Website ("Linked Sites") and is not
responsible for the contents of any such Linked Site ("Linked Content"). The inclusion of any link
does not imply endorsement by Owner of the Linked Site. Use of any such Linked Site or Linked
Content is at the User's own risk.
To use some of the functionality of the Website you may be required to establish an account
with a username and password with Linked Sites. As these are unaffiliated sites, we are not
responsible for any username, password, or other information these sites may collect. If you
are unable to establish accounts on these Linked Sites for any reason, you may not be able to
fully utilize the functionality provided by the Site.
In addition to these Terms of Use, if Linked Content is displayed on the Website, the use
thereof may be subject to separate terms of use provided by the Linked Site.
OWNERSHIP OF THE WEBSITE AND ITS CONTENTS AND ASSOCIATED TRADEMARKS
The brands, logos and names of specific products or services provided by third parties are
owned by those third parties.
The content of the Website, including postings originated by Owner or its providers, and related
artwork, graphics and photographic or audiovisual works, are protected by copyright and
owned by Owner or third parties who provide such content to Owner. Except as permitted
under U.S. Copyright laws, the Website and its contents may not be copied, reproduced,
republished or sold, posted, transmitted, distributed, modified, or used for the creation of
derivative works without Owner's or applicable third parties' prior written consent.
Owner, to the extent it owns such rights, grants User a non-exclusive, non-transferable, limited
license to access, display and/or download a limited and temporary amount of content and
pages available within the Website, solely on User's computer and for User's individual use.
Except for the permission expressly granted above to access, display, copy and download the
Owner content and pages available within the Website, Owner reserves all rights in the
Website and its contents. User may not "mirror" any content or information contained on the
Website without Owner's prior written consent. User may not create links to the Website from
other sites without Owner's prior written consent and compliance with all applicable laws.
Owner does not claim ownership of or copyrights in User Submissions. User understands that
Submissions are not confidential and Owner will be free (without compensation to User) to use
or disseminate such Submissions on an unrestricted basis for any purpose. User agrees that
Submissions may be published, displayed, copied, distributed, downloaded, or transmitted by
Owner or other Website participants, and User grants Owner and all other Users of the Website
an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to use, copy, reproduce,
display, publish, distribute, transmit, adapt, modify or use for the creation of derivative works
(including in digital form) such Submissions.
DISCLAIMERS
OWNER MAKES MAKE NO REPRESENTATION OR WARRANTY RELATING TO THE WEBSITE OR
ANY INFORMATION AVAILABLE ON THE WEBSITE; ALL EXPRESS OR IMPLIED WARRANTIES OF
ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE HEREBY DISCLAIMED.
OWNER MAKES NO WARRANTY THAT THE WEBSITE, OR ANY COMPUTER, SERVER, DEVICE,
SOFTWARE, OR OTHER TECHNOLOGY ASSOCIATED WITH THE WEBSITE, IS FREE OF VIRUSES,
WORMS, OR OTHER ELEMENTS OR CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
NEITHER OWNER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES
SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN ANY
WAY RELATING TO (A) THE USE OF OR INABILITY TO USE THE WEBSITE, (B) ERRORS IN OR
OMISSIONS FROM WEBSITE CONTENT OR ANY LINKED CONTENT, (C) ANY THIRD PARTY WEB
SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN ANY
WEBSITE CONTENT OR LINKED CONTENT, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY
LINKED SITE, OR (E) ANY USE OF THE WEBSITE OR ANY LINKED SITE OR RELIANCE BY THE USER
ON ANY INFORMATION OR CONTENT CONTAINED THEREIN.
OWNER SHALL NOT BE LIABLE TO ANY USERS OR ANY OTHER PERSON FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM
OR IN ANY WAY RELATING TO THE FOREGOING, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OCCURRING.
IN NO EVENT MAY USER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST OWNER MORE
THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
REPRESENTATIONS BY USERS; INDEMNIFICATION
USER IS SOLELY RESPONSIBLE FOR THE CONTENTS OF HIS/HER SUBMISSIONS TO THE WEBSITE.
USER REPRESENTS THAT HE/SHE HAS ALL RIGHTS NECESSARY TO POST THE INFORMATION,
CONTENT OR MATERIALS SUBMITTED TO THE WEBSITE WITHOUT VIOLATING THE COPYRIGHTS
OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND THAT NO
SUBMISSION BY THE USER WILL VIOLATE APPLICABLE LAWS OR THE RIGHTS OF THIRD
PERSONS. USER HEREBY INDEMNIFIES AND AGREES TO HOLD HARMLESS OWNER AND ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM
ANY AND ALL CLAIMS ASSERTED AGAINST THEM AND ANY LIABILITY, LOSS, DAMAGE, COSTS OR
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED OR SUFFERED BY THEM IN
CONNECTION WITH OR ARISING OUT OF USER'S ACTS OR OMISSIONS OR THE MATERIALS OR
INFORMATION USER SUBMITS TO THE WEBSITE.
CHOICE OF LAW AND CONSENT TO FORUM
This Agreement will be interpreted and governed in all respects by the laws of the State of New
Mexico, United States of America, without regard to its choice of laws rules. Any dispute arising
under these Terms of Use or in connection with the User's use of the Website shall be subject
to the exclusive jurisdiction of either the state or federal courts in and for New Mexico, and
User and Owner hereby consent to the personal jurisdiction of such courts over them.
RESTRICTION, SUSPENSION AND TERMINATION
We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of
any of the services on the Website, including interactive services, at any time if we believe that
you have breached these Terms of Use. Any such restriction, suspension, or termination will be
without prejudice to any rights that we may have against you in respect of your breach of these
Terms of Use. We may also remove the Website as a whole or any sections or features of the
Website at any time.
Please note that we have the ability to trace your IP address and if necessary contact your
internet service provider in the event of a suspected breach of these Terms of Use.
PROCEDURES FOR REQUESTING THE REMOVAL OF INFRINGING MATERIAL
Owner respect the intellectual property of others. If a person or organization (a "Copyright
Owner") believes that his, her or its work has been copied on the Website in a way that
constitutes copyright infringement, provide Owner the written information specified below.
Please note that this procedure is exclusively for the Copyright Owner to notify Owner that
copyrighted material of the Copyright Owner has been infringed. If a Copyright Owner believes
that its own copyrighted work has been copied in a way that constitutes copyright infringement
and is accessible via the Website, the Copyright Owner may notify Owner's copyright agent in
accordance with the following procedures and the Digital Millennium Copyright Act of 1998
(DMCA).
For a complaint to be valid under the DMCA, the Copyright Owner must provide the following
information when providing notice of the claimed copyright infringement: (1) a physical or
electronic signature of a person authorized to act on behalf of the Copyright Owner; (2)
identification of the copyrighted work or other intellectual property that the Copyright Owner
owns and claims to have been infringed; (3) identification of the material that the Copyright
Owner claims is infringing as well as information reasonably sufficient to permit Owner to
locate the material on the Website; (4) the address, telephone number, and e-mail address of
the Copyright Owner or its designee; (5) a statement by the Copyright Owner that the Copyright
Owner as the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the Copyright Owner, its agent, or the law; and (6) a
statement, made under penalty of perjury, that the information in the notification is accurate,
and that the complaining party is authorized to act on behalf of the Copyright Owner of an
exclusive right that is allegedly infringed. The foregoing information must be submitted as a
written notification to the following Designated Agent:
- Site: www.ncgr.org
- Designated agent for infringement claims: Callum Bell, President
- Address:National Center for Genome Resources2935 Rodeo Park Drive EastSanta Fe, New Mexico 87505
- Telephone of designated agent: 505-982-7840
- E-mail of designated agent: cjb@ncgr.org
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY
COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT
OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY.
This information should not be construed as legal advice. For further details on the information
required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
NOTE: This information is provided exclusively for notifying the service providers referenced
above that the Copyright Owner's own copyrighted material(s) might have been infringed. All
other inquiries, including technical requests, reports of e-mail abuse and third party reports of
piracy, will not receive a response through this process.
HOW TO CONTACT OWNER
Questions regarding the Terms of Use or any other aspect of the Website can be submitted in
writing to: info@ncgr.org