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THE GENESIS PROJECT - TERMS OF SERVICE

Welcome to The Genesis Project:

These Terms of Service ("Terms") are a legally binding contract between “you” and “The Genesis Project” ("GENESIS" or "us" or "our" or "we") and govern the use of all the services, genomic information, data, statistics, reports, software, graphics, and communications that we may make available to you via the GENESIS platform. GENESIS unless otherwise stated in these Terms, references to the "Platform" include all of our web pages, the GENESIS software, and all services. A significant function of the Platform is to enable you to upload and/or submit your research results, such as genomic information, data, statistics, and reports to GENESIS ("Submissions" or “Data”).

READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING ANY PART OF THE PLATFORM. USING THE PLATFORM INDICATES THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.

1. GOVERNING INSTITUTIONS

The Genesis Project is a 501(c)(3) not-for-profit organization, incorporated in Florida, United States of America. The Genesis Project provides and manages a proprietary platform for collaborative science. The Genesis Project maintains a Board of Directors.

2. USING THE PLATFORM

By using the Platform, you promise that you are at least 18 years of age. If you are not 18 yet, you may not access or use any part of the Platform.

Your right to use the Platform and data is conditioned on your compliance with these Terms. So long as you comply with these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to access and use the Platform. You may download, modify, edit, copy, reproduce, and create derivative works of such data. If you breach any of these Terms, your license to use the Platform and any further access to the data within the Platform will terminate automatically.

In order to access the Platform and to use certain services and data offered on and through the Platform, you must successfully register with us and request that we open an account for you. You must, at all times, provide true, accurate, current, and complete account information. After registration, you may make changes by logging into your account and making them directly or by contacting us to make the changes for you. You are also responsible for obtaining and maintaining all equipment and services needed for access to and use of the Platform and for paying related charges. If you forget your password or other log-in information, we will send a password update to your provided email address. We suggest you keep your password(s) confidential. If you believe your password or security for the Platform has been breached in any way, notify us immediately. Log-in information cannot be shared with other persons. Lab members or any other third party are required to obtain their own accounts.

The data, services, and other information provided on the Platform are for informational and research purposes only, and do not constitute medical, legal, or any other professional advice. We do not promise that everything provided on and through the Platform will be accurate, complete, adequate or current.

3. MODIFICATIONS

We may alter the Platform and the Data and/or may choose to modify or suspend the Platform. If we decide to suspend or discontinue the Platform, we will provide you with advance notice and will take reasonable steps to facilitate your retrieval of your Submissions. We may also change, update, add or remove provisions of these Terms from time to time ("Modifications") and legal notices and/or terms located on particular pages of the Platform may supersede inconsistent provision(s) of these Terms. We will inform you of any Modifications by posting the modified terms on the Platform. If you object to any provision of these Terms, any notice or term on the Platform, and/or any Modifications, your sole recourse is to stop accessing and using the Platform. If requested your account will be terminated and all Submissions will be returned to you, and as applicable, to the extent GENESIS is able to extract your Submission from aggregate data in GENESIS. Continued use of the Platform following notice of any Modifications constitutes your acknowledgement of the Modifications and your agreement to be bound by them.

4. LINKS TO THIRD-PARTY SITES

We think links are convenient, and we sometimes provide links on this Platform to third-party websites. If you use these links, you will leave the Platform. We are not obligated to review any third-party websites that you link to from the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites. If you decide to access any of the third-party websites linked to or from the Platform, you do so entirely at your own risk.

5. DATA SUBMISSIONS

A significant function of the Platform is to enable you to submit your Data. As between you and GENESIS, you retain ownership of your Submissions. You are solely responsible for ensuring that you have appropriate permission and authority to upload your Data with respect to all of your Submissions. We do not guarantee the indefinite storage of your Data and we advise that you retain a copy of your original Submissions. Except as otherwise provided in these Terms, we are not responsible for any loss, theft, or damage of any kind to any Submission.

You further and specifically agree as follows:

You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all rights in your Submissions necessary to grant to us the rights in your Submissions as described in these Terms;
GENESIS will not be subject to any use fees, license fees, clearance fees, and other financial obligations by virtue of having received your Submission. You have paid and will pay in full all applicable license fees, clearance fees, and other financial obligations, of any kind, arising from your uploading the Submissions on the Platform and any subsequent use or sublicensing of the Submissions as described in these Terms;
Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other rights of any third party;
Information contained in your Submission is not false, inaccurate, or misleading;
Your Submission does not violate any law (including, but not limited to, those governing privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your Submission does not contain any protected health information ("PHI"), as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and specifically 45 CFR 160.103.
By uploading your Data, you grant us permission to use your Submission. Your Submission may be part of the GENESIS data analysis pipeline, and thus, be distributed or disclosed to in house servers and users, reproduced, translated and modified to achieve the goal of optimal data representation on the GENESIS software platform.

We may, but are not obligated to, pre-screen Submissions or monitor any area of the Platform through which Submissions may be contributed. We are not required to host, display, or distribute any Submissions on or through the Platform and may remove at any time or refuse any Submissions for any reason.
Regarding any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Submission, whether or not patentable, you grant to GENESIS and its designees the permission to freely use such ideas, know-how concepts, techniques, and other intellectual property for the purpose of data optimization of the platform, user engagement, and scientific progress.

6. PRIVACY REQUIREMENTS FOR SUBMISSIONS

Only coded, anonymized, or anonymous Data is accepted. You are responsible for ensuring that all the uploaded individual genomic information (including but not limited to pedigrees) does not contain identifiable or Protected Health Information (PHI).
is the submitter is responsible for ensuring that the patient’s or participant’s samples, from which the genomic information is generated, have provided appropriate informed consent compatible to the uses being made of the information.
The submitter certifies that all Data was acquired by following generally internationally accepted Human Subjects Protection rules. We recommend compliance with the requirements of Good Clinical Practices ("GCP"), Good Laboratory Practices ("GLP"), and 21 C.F.R. Part 11 by those, who use and subsequently submit genomic information to the United States Food and Drug Administration and/or comparable regulatory organizations outside the US.
If participants withdraw consent, the submitter may request, and GENESIS will return, such patient data, and as applicable, to the extent GENESIS is able to extract such participant data from the aggregate data.
The Genesis Project, its representatives, and users of the Platform will not make attempts to uncover the identity of participants from which the genomic data originated.

7. PRIVACY POLICY FOR PROCESSING DATA UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR)

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in accordance with the European Union’s General Data Protection Regulation (EU) 2016/679 ("GDPR"). By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, GENESIS has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

7.1. DEFINITIONS

In this data protection declaration, we use, inter alia, the following terms:

Personal Data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data Subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of Processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization: Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller Or Controller Responsible For The Processing: Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor: Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third Party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

7.2. Name and Address of The Controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

The Genesis Project Foundation (501c3)

6619-278 South Dixie Highway

Miami, Florida 33143

Email: administration@tgp-foundation.org

Website: www.TGP-Foundation.org

Data Protection Officer:

For any questions on the processing of your personal data or on your rights under data protection law, please contact:

Administrator and Data Protection Officer

TGP-Foundation

6619-278 South Dixie Highway

Miami, Florida 33143

Email: administration@tgp-foundation.org

Website: www.TGP-Foundation.org

7.3. Cookies

The Internet pages of The Genesis Project and the GENESIS Platform do not currently use cookies but may use cookies in the future.

Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers are using cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. By means of a cookie, the information and offers on our website may be optimized with the user in mind. Cookies will allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

7.4. Collection of General Data and Information

GENESIS collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, GENESIS does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, GENESIS analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

7.5. Registration on Our Website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

7.6 Routine Erasure and Blocking of Personal Data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8. DATA SUBJECTS’ RIGHTS FOR DATA PROCESSES UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR)

8.1 Right of Confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

8.2 Right of Access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

8.3 Right to Rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

8.4 Right to Erasure (Right to Be Forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by GENESIS, he or she may, at any time, contact any employee of the controller. An employee of GENESIS shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Employees of GENESIS will arrange the necessary measures in individual cases.

8.5 Right of Restriction of Processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by GENESIS, he or she may at any time contact any employee of the controller. The employee of GENESIS will arrange the restriction of the processing.

8.6 Right to Data Portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of GENESIS.

8.7 Right to Object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

GENESIS shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by GENESIS for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of GENESIS. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

8.8 Automated Individual Decision-Making, Including Profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, GENESIS shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of GENESIS.

8.9 Right to Withdraw Data Protection Consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of GENESIS.

9. DATA SHARING RULES

Fair data sharing is at the heart of every scientific endeavor and represents one of the key missions of The Genesis Project. All users agree that:

Aggregate data and derived statistics are shared across all users of the GENESIS Platform.
For the purpose of ‘genetic matchmaking’ we may share in an anonymous fashion, the limited number of genetic variants in individual genes with other investigators. Such matchmaking of an encoded sample, will not reveal the origin or the name of the submitting party, who owns the Submission, until this investigator expressively agrees by email - to engage further with the matchmaking seeking party.

GENESIS may share such aggregated data with third parties. You, as submitter, may share individual-level genomic data and associated phenotypic information at any time with other registered users of the Platform. The submitter is in full control of the extent of sharing and revoking access to this data with other registered Platform users.
Individual level genomic results can only be published by the submitter or with the consent of the submitter.

10. UNAUTHORIZED ACTIVITIES

We authorize your use of the Platform only for the purposes set forth in these Terms and all rights in the Platform belong to us. Unauthorized use of the Platform may result in violation of various United States and international copyright laws. When using this Platform, you agree to abide by common standards of etiquette and to act in accordance with law. For example, you agree as follows:

You will not modify, publicly display, publicly perform, reproduce or distribute any of the elements of the Platform without previous written authorization by GENESIS;
You will not use the Platform in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
You will not use the Platform to stalk, harass, or harm another individual or to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
You will not attempt to discover the identity of people whose personal genome data is stored on the Platform.
You will not interfere with or disrupt the Platform or servers or networks connected to the Platform;
You will not use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; and
You will not attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold us and our officers, directors, employees, affiliates, and agents harmless from and against any and all claims, costs, demands, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that we may incur that is caused by (i) your use of this Platform or the use of this Platform by any person using your user name and/or password, (ii) any Submission you provide to the Platform violates any applicable law or regulation or a party's copyrights, trademark rights or other rights, (iii) your breach of this Agreement, or (iv) your violation of law or regulation; except to the extent such claim, cost, demand, damage, liability, or expense results from GENESIS’ gross negligence or willful misconduct.

The obligations set forth in this Section 9 are subject to the condition that the indemnified party seeking indemnification shall provide prompt written notice of any written suit, action or claim and cooperate with the indemnifying party and authorize the indemnifying party to carry out the sole management and defense of any such suit, claim or action. In addition, indemnifying party will not agree to any settlement that could in any way be detrimental to the indemnified party without the prior written consent of such indemnified party.

12. PROPRIETARY RIGHTS AND CITATION RULES

“The Genesis Project" is a trademark that belongs to us. Other trademarks, names and logos on the Platform are the property of their respective owners. Unless otherwise specified in these Terms, all data, including the arrangement of them on the Platform are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.

Neither party shall use the name, insignia, trademark, trade name, logo, abbreviation, nickname, or other identifying mark or term of the other party for any purpose, except as required by law, without the prior written consent of the other party, provided however, you may use the name of The Genesis Project as applicable in its routine listings of sponsored projects, as required on grant applications, and as required by scientific journals for publication.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove Submissions that violate intellectual property rights of others and may suspend your access to the Platform (or any portion thereof) and/or terminate your account if you use the Platform in violation of someone's intellectual property rights.

The Genesis Project foundation will not compete with users for academic publications resulting from data submissions. However, we request that any use of data obtained through the Platform be cited in publications as: Gonzalez M, Falk MJ, Gai X, Postrel R, Schule R, Zuchner S. Innovative Genomic Collaboration Using the GENESIS (GEM.app) Platform. Hum Mutat. 2015 Jul 14. PMID: 26173844.

13. DISCLAIMER OF WARRANTIES

WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE PLATFORM AND ALL MATERIALS ARE FOR INFORMATIONAL AND RESEARCH PURPOSES ONLY AND ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PLATFORM AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Without limiting the generality of the foregoing, we make no warranty and provide no guaranty that the Platform will be suited to your use and/or needs and/or will meet your requirements, and we do not warrant or guaranty that the Platform will be uninterrupted, timely, secure, or error free or that defects in the Platform will be corrected. We make no warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform. No advice or information, whether oral or written, obtained by you through the Platform or from us or our subsidiaries or other affiliated companies creates any warranty. We disclaim all equitable indemnities.

14. LIMITATION OF LIABILITY

SUBJECT TO SECTION 9 HEREUNDER, WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR ANY PART THEREOF OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE PLATFORM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOW EVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

15. LOCAL LAWS; EXPORT CONTROL

We control and operate the Platform from our headquarters in the United States of America and the entirety of the Platform may not be appropriate or available for use in other locations. If you use the Platform outside the United States of America, you are solely responsible for following applicable local laws.

16. TERMINATION OF ACCESS

We value our relationship with you. If we believe that you are not complying with these Terms, we will notify you. We may also provide you with recommended corrective action(s). However, we may, at our sole discretion, terminate your access to the Platform, your account, and/or this agreement for any reason, and/or for any and all violations of these Terms, without providing prior notice to you.

17. GENERAL TERMS

Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply., Any disputes relating to these Terms or the Platform will be heard in the courts located in Miami-Dade County, Florida.

If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified.

If we choose not to enforce any of these Terms, we are not waiving our rights.

With the sole exception of an executed contract between us and you or your institution specifically stipulating otherwise, these Terms constitute the entire agreement between you and us and; therefore, supersede all prior or contemporaneous negotiations, discussions, representations, or agreements between you and us about the Platform, Submissions, and data. The proprietary rights, disclaimer of warranties indemnities, limitations on liability and general provisions of these Terms shall survive any termination of these Terms.

18. CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: administration@tgp-foundation.org.

Contact: The Genesis Project foundation

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