Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website or by submitting any data to us through any means for any reason (unless otherwise specifically agreed in writing), you agree to these Terms and Conditions of Use in the form they exist on the date of use (“Terms & Conditions”).We reserve the right to change, modify, add or remove portions of these Terms & in light of changing business needs. You should check these Terms & Conditions periodically for changes. By using this Website or by submitting data after we post any changes to these Terms & Conditions, you agree to accept those changes for all your relationship with us.. If you do not agree to these Terms & Conditions, you should not use our Website or submit data to us and, if applicable, you should arrange to cancel your user account(s) with us.
1. Scope of Terms & Conditions
Unless otherwise agreed to in writing, these Terms & Conditions apply to your use of our Website, operated and owned by InSilico Genomics sa, rue Montagne Saint-Job 61, 1180 Uccle (“InSilico”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, the “Website”). These terms shall also apply to any other submission of data to us for any reason, unless otherwise agreed to in writing.
2. Terms & Conditions - In General
By using this Website or any other submission of data to us for any reason, you agree to be legally bound by, and to abide by, these Terms & Conditions, in the same way as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your user account, and/or access to this Website (or any part thereof) and to cease any processing or storage of your data. In our discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that we do not need to provide you with notice before terminating or cancelling your access to, or use of, the Website. If you do not abide by the provisions of these Terms & Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website or otherwise processing or storing your data in any way. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website or for processing or storing your data in any way.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content or features (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content or features and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions and that you are obligated to abide by them when using the applicable content or features.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, databases, photos, video, text, graphics, questions, notes, drawings, articles and other materials (collectively, “Content”) that may be protected by copyright, data base rights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. To the extent applicable, all Content is copyrighted under applicable copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. InSilico DB is the trade name of InSilico. Our commercial partners, suppliers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content that they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Privacy and Security
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You should direct any concerns with respect to any other website to that website's administrator or webmaster.
6. Third Party Products and Services
You may order products or services through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the products and services desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, and guarantees, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any products or services provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. Furthermore, all data transferred to Third Parties shall be solely subject to their data protection rules.
7. Disclaimers of Warranties
Please note the following important disclaimers of warranties:
The content and materials on this Website and the processing of any data by us are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, or accuracy.
Neither InSilico, nor any of our respective licensors, licensees, service providers or suppliers warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available are free of viruses or other harmful components.Any content or material downloaded or otherwise obtained, or any data processed, through the use of this Website or otherwise is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material or processing by us.
Neither InSilico, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this Website or otherwise by us in terms of their correctness, accuracy, reliability, or otherwise.
Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these Terms & Conditions.
These disclaimers apply to the fullest extent permitted by law.
You agree to indemnify, hold harmless and, at our option, defend InSilico, and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or services, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your user account, of any intellectual property or other right of any person or entity.
9. Limitation of Liability
In no event will InSilico, our officers, directors, employees, stockholders, agents and representatives be liable to any party for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or access to or the inability to use or have access to the Website, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if InSilico has been advised of the possibility of these damages).
The maximum total liability of InSilico, our officers, directors, employees, stockholders, agents and representatives to you for all claims under these Terms & Conditions or otherwise in connection with this Website, whether in contract, tort, or otherwise, shall not be more than the aggregate amount of fees paid by you to InSilico in the year preceding the event on which such claims is based.
10. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances.
Any provision of these Terms & Conditions that is found to be invalid, unlawful, or unenforceable will be severed from these Terms & Conditions, and the remaining provisions of these Terms & Conditions will continue to be in full force and effect.
The section headings and titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.
Any provision in these Terms & Conditions that by its nature should survive the termination of these Terms & Conditions (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms & Conditions are governed by the laws of Belgium, excluding conflict of laws principles. Any controversy or claim arising out of or relating to these Terms & Conditions shall be settled by mediation and, if the dispute is not settled within 45 days of the mediation claim being brought, by arbitration. The mediation and arbitration will be confidential and shall be conducted in English in Brussels, Belgium under the rules of CEPINA and the award shall be issued within 12 months of the date that the claim was brought. All claims must be commenced within one year after the claim arose.
These Terms & Conditions constitute the entire agreement between you and InSilico. These Terms & Conditions supersede all prior agreements or communications between you and InSilico regarding the subject matter of these Terms & Conditions.
1. What information about me is collected on our Website?
We collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Non-Personally Identifiable Information
We also may collect information that by itself cannot be used to identify or contact you (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personally Identifiable Information is used to help us understand who uses our Website and to improve and market our Website.
2. Who operates this website and where are our servers located?
This Website is operated by InSilico Genomics sa, a Belgian company and its registered office is at rue Montagne Saint-Job 61, 1180 Uccle, Belgium. When you provide us with your Personally Identifiable Information, you acknowledge that this information may be stored and processed on servers located in Belgium as well as other countries both within and outside the European Economic Area (“EEA”) and you consent to your Personally Identifiable Information being exported outside the EEA and being stored and processed at our discretion on any of our servers wherever located anywhere in the world.
3. What do we do with the information we collect?
InSilico uses information it collects to, among other things, process your requests and transactions, offer or furnish additional services, personalize the types of information you receive from InSilico, assess trends in the use of the Website, provide targeted marketing to you and other customers, develop content and functionality that helps serve our users needs, and improve the products and services that InSilico provides.
4. When do we disclose information to third parties?
Laws and Legal Rights
We may disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Conditions, or to protect the safety and/or security of our users, our Website or the general public.
Sale of Business
6. Is the information we collect secure?
Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
7. Can I update or correct my Personally Identifiable Information?
You should be aware that it is not technologically possible to remove or verify each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. As soon as reasonably practicable after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted as appropriate.
9. Who do I contact if I have any privacy questions?