TERMS OF SERVICE
VALID FROM February 2024
1. GENERAL INFORMATION
a) These Terms of Service (the “Terms of Service”) apply to the availbility of information and all associated services (collectively, the “Service(s)”) which are defined in these Terms of Service and provided by the Institute for Molecular Genetics and Genetic Engineering , its subsidiaries, and affiliates (IMGGE). The Services are the property of IMGGE and its licensors. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. BY AGREEING TO THESE TERMS OF SERVICE, YOU DECLARE THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.
b) IMGGE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, IMGGE grants you a personal, non-exclusive, non-transferable, limited privilege to use the Services.
c) The Services offered by the IMGGE are exclusively aimed at natural persons or employees of the institutions (Users).
d) By using the Services, you agree to these Terms of Service.
e) By clicking on the link for acceptance of this Terms of Service you are providing your unambiguous affirmative consent, freely given for provision of the Service(s) and you expressly demand immediate performance of the Services being offered IMGGE, and confirm you have carefully read, understand and agree to these Terms of Service and the IMGGE’s Privacy Notice.
2. IMGGE CONTACT DETAILS
Institute for Molecular Genetics and Genetic Engineering
Vojvode Stepe 444a
11042 Belgrade
Serbia
Phone: +381 11 3975744
e-mail: beogene@imgge.bg.ac.rs
Website; https://www.imgge.bg.ac.rs/en/
IMGGE may operate certain aspects of the Service through one or more affiliated companies.
(hereinafter “IMGEE,” “us,” or “we”)
3. INFORMATION ABOUT THE SERVICE
a) The Service includes the following Services: access to application for entering variants of uncertain significance from genetic analyses by citizens and access to these data and public data bases in regards to variants of uncertain significance by those citizens who entered the variants of uncertain significance. The Service includes sending notifications on information subject to interest of interested persons, i.e. those who entered the variant(s) of uncertain signifance (upon request).
b) The Service is designed for use for Linux, MAC OS, and Windows operative systems.
c) The Service is compatible with Android and iOS (for mobile devices). You understand that the Service may not be available on all devices and operating systems. Your ability to access and use of the Service may depend on, among other things, your device, operating system, and network capacity and conditions. IMGGE reserves the right to change Content and Content options (including eligibility for particular features) without notice.
d) To register for the Service, you are required to fill in the registration form on website of IMGGE. After filling in the registration form, you will receive electronic message to your e-mail address which you should insert in the new field in the registration form, whereas you will receive confirmation that you successfully registered for the usage of the Service confirmation, you will be redirected to the portal.
e) The contract can be terminated by both parties with immediate effect on any day of these Terms of Service, in writing, for example by e-mail. We reserve the right to cancel the registration of any user at any time in she/he has not acted in accordance with these Terms of Service
4. ACCOUNTS AND PASSWORDS
To use the Services, you may be required to create an account. Any information submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs in your account. You should keep your password confidential and notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, with or without notice, and in such case, you may not reopen an account without our express written permission.
5. DATA PROTECTION
FURTHER INFORMATION ON DATA PROCESSING & THE RIGHTS TO WHICH YOU ARE ENTITLED CAN BE FOUND IN OUR PRIVACY NOTICE.
6. TERMINATION; BREACH
We may terminate your ability to use the Services at any time for any reason or no reason, with or without notice. Additionally, your rights to use the Services will be terminated immediately if you breach any of the Terms of Service. Upon termination for any reason or at IMGGE’s earlier request, you will immediately delete any data you have obtained by using the Services and you will immediately cease use of the Services.
7. YOUR USE OF THE SITE
a) You may not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. IMGGE reserves the right to bar any such activity.
b) You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any IMGGE server, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.
c) You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, including any account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
d) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or IMGGE systems or networks, or any systems or networks connected to the Services or to IMGGE.
e) You agree not to use any device, software to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
f) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to IMGGE or access to application through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
g) You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of IMGGE or others.
h) In addition, you may not do any of the following:
- sell, resell, redistribute, or sublicense the Services or otherwise charge third parties for access to the Services;
- reverse engineer, decompile, disassemble, modify or adapt the Services, merge any IMGGE software into another program, or create derivative works of the Services;
- upload any user content (defined below) that:
o is illegal, defamatory, libelous, deceptive, fraudulent, obscene, or offensive;
o is not relevant, accurate, or representative of your knowledge of a place;
o contains software viruses or other code designed to disrupt our systems or the systems of any third parties; or
o violates any third-party rights or agreement.
- take any action that interferes or may interfere with any Services, including but not limited to:
o deleting any copyright or proprietary notices;
o creating user accounts by automated means;
o impersonating any person or entity; or using the Services for any illegal purpose.
8. SERVICE MODIFICATIONS AND AVAILABILITY
IMGGE reserves the right to modify or discontinue any or all of the Services at any time, for any or no reason, with or without notice. We may also schedule system downtime and unplanned system outages may occur.
9. PRIVACY
Please see our Privacy Notice. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send in regard to the Services or IMGGE may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
10. PROPRIETARY RIGHTS AND TRADEMARK
All IMGGE trademarks, service marks, logos, and trade names (“Marks”) are owned solely by IMGGE. All third-party trademarks, service marks, logos, and trade names are the property of their respective owners and their use within the Services is not meant to convey any relationship with or endorsement by such third parties. Except as expressly authorized by IMGGE, you may not use or display any mark, name, trade name, or logo appearing within the Services without the owner’s prior consent or other legal authorization.
11. CONTENT
a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, and arrangement of such Content, contained or otherwise displayed in or on the Services is owned, controlled ,or licensed by or to IMGGE, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
b) Except as expressly provided in these Terms of Service, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without IMGGE‘s express prior written consent.
c) You may use information on the IMGGE Services () purposely made available by IMGGE for downloading, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such Information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
12. DISCLAIMER, NO WARRANTIES
IMMGE and its shareholders, subsidiaries, affiliates, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors (“IMGGE subjects”) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or infringement. Among other things, the IMGGE and its affiliated companies make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the information that may be obtained from the Services will be accurate or reliable.
IMGGE is not responsible for the conduct of any user of the Services. IMGGE is not responsible for any unintentional error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication.IMGGE shall have no liability whatsoever for the unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis delivery, or non-delivery of information caused by such system outages. Under no circumstances shall IMGGE be responsible for any loss or damage, including property damage, personal injury or death, resulting from use of the Services or anything downloaded or received from the Services. Nothing in these Terms of Service shall affect the statutory rights of any user or exclude or restrict any liability resulting from gross negligence or willful misconduct of IMGGE or for death or personal injury arising from any negligence or fraud of IMGGE.
13. LIMITATIONS OF LIABILITY
In no event shall the IMGGE be liable to you or any third party for any real damage or lost profit arising from or related to the Services or your use of the Services, even if the IMGGI Entities have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, IMGGE and IMGGE Entities’ liability to you for any damages arising from or related to the Services or your use of the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amounts of real damage, if any. . This limitation of liability inures to the benefit of any successor to IMGGE and IMGGE Entities and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
14. INDEMNITY
By using the service, you agree to indemnify, defend, and hold harmless IMGGE the IMGGE Entities from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) arising from or related to your use of the Services, your violation of any applicable laws or regulations, your breach of any of these Terms of Service, or any action taken by IMGGE as part of its investigation of a suspected violation of these Terms of Service, or as a result of its finding or decision that a violation of these Terms of Service has occurred. This means that you cannot sue or recover any damages from IMGEE or any IMGGE Entities as a result of its decision to remove or refuse to process or provide any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of IMGGE’s conclusion that a violation of these Terms of Service has occurred. The waiver provision and this indemnity provision apply to all violations described in, resulting from, or contemplated by these Terms of Service and/or your use of the Service.
15. VIOLATIONS OF TERMS OF SERVICE
a) IMGGE may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) IMGGE‘s rights or property, or the rights or property of visitors to or users of the Service, including IMGGE‘s customers. IMGGE reserves the right at all times to disclose any information that IMGGE deems necessary to comply with any applicable law, regulation, legal process or governmental request. IMGGE also may disclose your information when IMGGE determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
b) You acknowledge and agree that IMGGE may preserve any transmittal or communication by you with IMGGE through the Service, and may also disclose such data if required to do so by law or IMGGE determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of IMGGE, its employees, users of to the Service, and the public.
c) You agree that IMGGE may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Service. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to IMGGE.
d) You agree that IMGGE may, in its sole discretion and without prior notice, terminate your access to the Service, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Service, or (4) unexpected technical issues or problems.
e) If IMGGE does take any legal action against you as a result of your violation of these Terms of Service, IMGGE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action. You agree that IMGGE will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of these Terms of Service.
16. VOID WHERE PROHIBITED
Although the Service may be accessible worldwide, not all features or Services provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside certain geographic locations. IMGGE reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Services from outside the applicable geographic location, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
The Service is operated by IMGGE from its offices in the Republic of Serbia. You agree to comply with all laws and by laws that apply to your use of the Service. No IMGGE employee or agent has the authority to vary these Terms of Service.
17. WAIVER
IMGEE’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if made explicitly, in writing and signed by IMGGE.
18. RELATIONSHIP OF THE PARTIES
These Terms of Service do not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. These Terms of Service are solely between you and IMGGE and are not for the benefit of any third party.
19. GOVERNING LAW AND JURISDICTION, ARBITRATION
This Agreement shall be interpreted in accordance with the laws of the Republic of Serbia.
All disputes arising from or in connection with this agreement shall be finally settled through arbitration organized in accordance with the Rules of the Belgrade Arbitration Center (Belgrade Rules). An arbitrator appointed by the parties will settle disputes. The place of arbitration shall be Belgrade. The language of the arbitration shall be Serbian. The applicable law shall be the substantive law of the Republic of Serbia.
20. MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered through the Services, in violation of any applicable laws or regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and IMGGE with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and IMGGE with respect to such use are hereby superseded and cancelled. IMGGE will not accept any counteroffers to these Terms of Service, and all such offers are hereby categorically rejected. IMGGE’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by IMGGE of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between IMGGE and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
IMGGE reserves the right to take steps IMGGE believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service. You agree that IMGGE has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as IMGGE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service (including but not limited to IMGGE's right to cooperate with any legal process relating to your use of the Service, and/or a third-party claim that your use of the Service is unlawful and/or infringes such third party's rights).
21. ENTIRE AGREEMENT
These Terms of Service (including all relevant additional terms) are the entire agreement between you and IMGGE relating to the subject matter herein and cannot be modified except in a writing signed by both parties, or by a change made by IMGGE as set forth above.
22. REQUESTS AND COMPLAINTS
Any questions and complaints about the Service can be directed to:
E-Mail: vus@imgge.bg.ac.rs
The information contained in these Terms of Service is subject to change without notice. IMGGE reserves the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. Your continued use of the Service will be deemed acceptance thereof.
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