Last updated on 5 November 2020.
THESE TERMS AND CONDITIONS APPLY TO YOU IF YOU ACCESS CURATOR PLATFORM, PROVIDED AND MAINTAINED BY LONGENESIS. BY ACCEPTING THESE TERMS AND CONDITIONS OR USING CURATOR, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE CURATOR.
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE CURATOR, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.
Curator product (thereafter – "Curator", "Service") is a platform supporting safe and compliant biomedical data showcasing with an aim of facilitating collaborative research and is provided and maintained by a tech-company Longenesis, Reg. No. 40203211852, the address of which is Zaubes Street 9A-23, Riga, Latvia (thereafter – "Longenesis", "we," "us" or "our"). The Curator offers clients to upload, manage and showcase the scope of data for research without compromising the privacy of the patients and data protection regulations and allowing potential collaboration partners real-time patient cohort identification matching inclusion/exclusion criteria and further collaboration initiation.
These Terms and Conditions ("Terms") apply to your subscription, access to and use of Curator. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Longenesis for products, services or otherwise. If you are using the Curator on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you or that entity breaches these Terms. In that case the words "you" or "your" in these Terms include the entity you are representing.
BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE CURATOR IMMEDIATELY. 1. Purpose
These Terms set forth expectations that ensure the broad and responsible showcasing of biomedical research data facilitating potential biotech-related study partners and sponsors attraction. Safe clinical data curation to accelerate clinical research projects supports the Longenesis mission and is essential to increase patient visibility for the research trials and to build the path to patient-centric medicine. 2. Effective Date
These Terms are effective as of 5 November 2020 and will remain in effect except with respect to any changes in its provisions in the future. 3. Eligibility, Registration and Account
To access and use the features of the Curator, you must register for an account. By creating an account, you agree to:
4. Acceptable Use
- provide accurate, current and complete account information;
- maintain the security of your password, not share your password with any other person and accept all risks of unauthorised access to your account; and
- promptly provide notice to Longenesis (see section "Contact Us") if you discover or otherwise suspect any security breaches related to the Curator.
Your use of the Services must comply with our Terms and Conditions.
By accessing or using the Curator, you agree that you will not (or attempt to):
- access or use the Curator for any illegal or unauthorised purpose or engage in, encourage or promote any illegal activity, or any activity that breaches or violates these Terms,
- present any false, inaccurate or misleading information in an effort to attempt to circumvent any restrictions on access to or availability of the Services or content available within the Services;
- use or attempt to use another user's account without authorisation from such user;
- share your Curator account password with someone else to allow them to access any part of the Services that such person did not order;
- modify, adapt, hack or emulate the Curator;
- use any robot, spider, crawler, scraper or other automated means or interface not provided or authorised by us to access the Curator or to extract data;
- copy, sell, rent, or sublicense the Services to any third party;
- circumvent, reverse-engineer, modify, disable, or otherwise tamper with any filtering, security measures or other features designed to protect the Curator or third parties or encourage or help anyone else to do so;
- infringe upon or violate our rights or the rights of our users or any third party.
You're responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.
To ensure safe and compliant data showcasing the clients - Clinical Institutions, Patient Organisations, Registries, Researchers, Biobanks, and others - who are custodians of various biomedical datasets must anonymise datasets that they submit to the Curator to ensure that the identities of potential research subjects cannot be readily ascertained with the data. The clients must also strip the data of identifiers leaving the actual datasets in the local data storages. The information submitted and published in the Curator is used only to describe a statistical overview.
Anonymised datasets are publicly available to other Curator users with appropriate access rights.
A client who submitted datasets should be able to provide legal documentation that states its rights to process and anonymize uploaded data and that the data sharing for research purposes are consistent with the informed consent of potential study participants from whom the data were obtained.
Submitting clients and their represented organisations have a right to rely on their right of withdrawal at any time and may request removal of data from the Curator. 6. Responsibilities of clients browsing published dataset collection
Curator provides access for the potential collaborators - Pharma, CRO, Researchers, and other - ("Collaboration partners") to the dataset collection without showcasing any identifiable information, in the same time providing functionality to review and query descriptive data of the dataset.
All requests for having a collaboration partner role in the Curator are reviewed by Longenesis and we may ask you to warrant that you are authorised representative of your organisation.
Collaboration partners, approved to have access to dataset collection in the Curator, agree to:
- Use the data only for the purposes of initiation of collaborative research;
- Protect data confidentiality;
- Follow, as appropriate, all applicable national and international regulations, as well as relevant institutional policies and procedures for browsing dataset collection;
- Not attempt to identify individual participants from whom the data were obtained;
- Not sell any of the data obtained from dataset collection designed by Longenesis;
- Follow guidance on security best practices that outlines expected data security protections (e.g., physical or digital security measures) to ensure that the data are kept secure and not released to any person not permitted to access the data.
, sets forth how we treat data, including how we collect, use and disclose personal data and other information.
Curator may include interactive features and areas where you may submit, post, upload, publish, email, send, otherwise transmit or interact with content, including, but not limited to, text, images, documents and other information and materials (collectively, "User Content"). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content.
You are solely responsible for the User Content you make available through the Curator, and you represent and warrant that:
- either you are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licences, permissions and consents that are necessary to grant to us the rights specified in this section;
- the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations.
Longenesis may review your conduct and content for compliance with these Terms, and reserves the right to remove any violating content.
Longenesis reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. 9. Ownership and Intellectual Property
The Service and its original content, excluding User Content, features and functionality are and will remain the exclusive property of Longenesis and its licensors. The Service is protected by copyright, trademark, and other laws of both the Latvia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Longenesis. 10. Subscriptions
Parts of the Service ("Subscription Services") that are used by a client based on a contract concluded between Longenesis and a client are billed on a subscription basis. If you don't understand contract details, or don't accept any part of them, then you're not allowed to use the Subscription Services. 11. Communications
You agree to receive all communications, agreements, and notices that we provide in connection with any Curator Services ("Communications"), including, but not limited to, Communications related to our delivery of the Curator Services and your purchase of or subscription to the Curator Services, via electronic means, including by e-mail, text, in-product notifications, or by posting them through any Curator Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current. 12. Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about us and our Curator (collectively, "Feedback"). You agree that Longenesis shall be able to use the Feedback in any way they may choose without any obligation to you. 13. Service Availability
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Longenesis is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you've stored. 14. Breaches of these terms and conditions
Without prejudice to our other rights, if you breach these terms and conditions of use in any way, or if we reasonably suspect that you have breached these terms and conditions of use in any way, we may perform one or multiple actions, such as:
- send you one or more formal warnings;
- temporarily suspend your access to the Curator;
- permanently prohibit you from accessing the Curator;
- block computers using your IP address from accessing the Curator;
- contact your internet services provider and request that they block your access to the Curator;
- bring court proceedings against you for breach of contract or otherwise;
- suspend and/or delete your account with the Curator;
- delete and/or edit any or all of your content.
Where we suspend or prohibit or block your access to the Curator or a part of the platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 15. Severability
If a provision of these terms and conditions is found to be unenforceable under applicable law or determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect. 16. Amendments of Terms and Conditions
We reserve the right to change or modify these Terms on a go-forward basis at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you've provided and/or notice through the Curator. If we make an administrative change, we may provide notice by updating the "Last Updated" date at the top of these Terms. We encourage you to review the Terms from time to time to ensure that you understand the terms and conditions that apply to your access to, and use of, the Curator. 17. Governing Law and Jurisdiction, Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Latvia.
Should any dispute arise, however, Parties shall make all reasonable effort to resolve it in a mutually respectable and beneficial manner. 18. Contact Us
If you have any questions about these Terms and Conditions or how we handle your personal data and information, please contact us at email@example.com
or Zaubes Street 9A-23, Riga, Latvia, LV-1013.