Terms of use

Terms of use

By clicking "I agree" and proceeding with registration you certify that you have read and understood the terms and conditions below (including the TERMS OF USE and the PRIVACY POLICY) and that you agree to be legally bound by those terms and conditions. Your acceptance of the terms and conditions constitutes a legally binding contract with Philip Morris Products, S.A., having offices at Quai Jeanrenaud 3, 2000 Neuchatel, Switzerland, and sets forth the sole terms and conditions of such contract.

TERMS OF USE

Effective Date: November 20th, 2015

These terms and conditions (these “Terms of Use”) apply to your use of www.sbvimprover.com and related web-pages, such as causalbionet.sbvimprover.com, bionet.sbvimprover.com, systox.sbvimprover.com and all documents, Web pages, and Content (as hereinafter defined) hosted thereon and thereunder (the “Site”) including your participation in any of the scientific challenges run through the Site (the “Challenges”) and in any other scientific activities run through the Site including the Activity (as defined below). Philip Morris Products S.A. (“PM”) will run the Challenges and operate the Site and is referred to herein as the “Challenge Organizer” (further information regarding the specific entities involved is available on the “About Us” links accessible from the Site).  Herein, “you” or “your” refers to you as a visitor to or user of the Site and/or entrant in a Challenge or the Activity. “We”, “our”, or “us” refers to the Challenge Organizer.

YOUR USE OF THE SITE IS ALSO SUBJECT TO YOUR AGREEMENT TO THE PRIVACY POLICY, AND YOUR PARTICIPATION IN A CHALLENGE IS SUBJECT TO YOUR AGREEMENT TO THE PRIVACY POLICY AND THE APPLICABLE CHALLENGE RULES.  THE PRIVACY POLICY IS HEREBY INCORPORATED HEREIN.  BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

As used in these Terms of Use, “Content” includes any information, communications, software, text, photos, video, graphics, music, sounds, data and other material and services that can be viewed by users on our Site.  This includes, but is in no way limited to, message boards, chat, and other original content.

As used in these Terms of Use, references to an entity’s “Affiliates” include that entity’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, contractors, subcontractors, suppliers and advertisers. References to our Affiliates include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its Content.

 

1.    Registration Data and Privacy

To access some of the areas on this Site and to participate in a Challenge, you will need to create an account and password (together, your “Account”) by completing our online registration form for registration on the Site and/or participation in a Challenge, each of which requests certain information and data about you (“Registration Data”).  To register for the Site and/or a Challenge, you must be at least 18 years old.  By registering, you represent and warrant that all information provided in the Registration Data is true and accurate, and agree that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to use, store and disclose your Registration Data in accordance with our Privacy Policy.

2.    Account Security

You are responsible for keeping your Account secure and for all activities conducted through your Account.  You are solely responsible for maintaining the confidentiality of your Account (including, for the avoidance of doubt, your password) and for any and all statements made and acts or omissions that occur through the use of your Account, including any messages sent.  Therefore, you must take steps to ensure that others do not gain access to your Account.  Our personnel will never ask you to send us your password.  You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account in the event of any unauthorized transfer or sharing thereof.  You agree to immediately notify us of any unauthorized use of your Account or any breach of your Account's security.  Unauthorized access to the Site is a breach of these Terms of Use and may be a violation of applicable law.

You acknowledge and agree that we may at any time, and at our sole discretion terminate your Account and/or block your use of the Site without prior notice to you if your registration is incomplete, the data that you provide is (or we believe is) untrue, inaccurate, not current, or incomplete, or if we are unable to verify any of your Registration Data.

3.    Scope of Site Services; Modifications

This Site is operated for the purpose of publicizing and running the Challenges, running the Activity, and for the discussion of systems and computational biology.  The Site is not operated for advertising or marketing purposes. The material on this Site is not and should not be regarded as an offer to sell, or a solicitation of an offer to buy, any product of the Challenge Organizer or its related companies. 

We cannot guarantee that the information that we make available on this Site is fully accurate, complete or current.  The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information.  Any reliance upon the material on this Site is at your own risk.  We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on this Site.  You agree that it is your responsibility to monitor changes to the content of the Site, and that we shall not be liable to you or any third party should we exercise such right.  You understand and agree that temporary interruptions of the services available through this Site may occur as normal events.

You are solely responsible for providing, at your own expense, all equipment necessary to use this Site.  You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, that delays and disruption of other network transmissions are completely beyond our control.

4.    Conduct on Site

Your use of the Site is subject to applicable laws and regulations and you are solely responsible for the contents of your communications through the Site.  By posting information in or otherwise using any communications service or other interactive service (including the Activity) that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any communications or material (including text, communications, software, images, sounds, data, or other information), or otherwise use the Site in any way, that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to pornography, obscenity, or sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or contract right owned by us or by any third party, or that deletes or alters any notice of any proprietary rights on any material;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email or other messages (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • constitutes unauthorized access under these Terms of Use, the applicable Challenge Rules or the Privacy Policy, or that seeks to interfere with others’ use of the Site or any part thereof;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any of our employees or representatives, or seeks to resell our services to third parties or hold the Challenge Organizer or its Affiliates up to public scorn.

We neither endorse nor assume any liability for any Content uploaded or submitted by users of the Site.  We generally do not pre-screen, monitor, or edit the Content posted by users of communications services, message boards, newsgroups, or other interactive services that may be available on or through this Site.  However, we and our agents have the right at our or their sole discretion to remove any Content that, in our or their judgment, does not comply with these Terms of Use or any other rules of user conduct for our Site, including the applicable Challenge Rules, or is otherwise harmful, objectionable, or inaccurate.  WE ARE NOT RESPONSIBLE FOR ANY FAILURE OR DELAY IN REMOVING SUCH CONTENT, OR ANY LOSSES TO ANY PARTY ARISING OUT OF SUCH REMOVAL.  You hereby consent to such removal and waive any claim against us arising out of such removal of Content.  See “User’s Materials and Infringement” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your Account to breach the security of another Account or attempt to gain unauthorized access to any network or server.  Not all areas of the Site may be available to you or other authorized users of the Site.  You may not interfere with anyone else’s use and enjoyment of the Site.  Users who violate systems or network security may incur criminal or civil liability.

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING THE SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SITE, A CHALLENGE OR THE ACTIVITY IS A VIOLATION OF THE LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, PM RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

You acknowledge and agree that (i) we may at any time, and at our sole discretion terminate your Account and/or block your use of the Site without prior notice to you for violating any of the above provisions; and (ii) we can and will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5.    Third Party Sites and Information

This Site includes links to other sites which may be operated by third parties.  These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites.  Except to the extent we operate these sites, we have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites.  Third-party sites may contain information with which we do not agree and may require registration or agreement with terms and conditions which differ from these Terms of Use.  Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites or as a representation that you are free to use any content, data or information on such linked sites without restrictions.  Different terms and conditions may apply to your use of any linked sites.  YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR THE ACCURACY, INTELLECTUAL PROPERTY COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT OF SUCH SITES, NOR ARE WE RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY REFERENCES TO OTHER PARTIES OR THEIR PRODUCTS AND SERVICES.

6.    Intellectual Property Information

Unless otherwise indicated on any particular portion of the Site, this Site is subject to copyright protection.  All rights reserved.

You acknowledge and agree you are only permitted to use the Content as expressly authorized by us or the specific content provider.  Except for a single copy made for personal use only or as may be specifically authorized in the applicable Challenge Rules (or, with respect to the Activity, Section 12 of these Terms of Use), you may not copy, reproduce, modify, publish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.  You may not remove any copyright or other notices that appear on the material you print or download.  Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of PM or of its Affiliates.  Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.  See “User’s Materials and Infringement” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

7.    User’s Materials and Infringement

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.  We are also unable to accept your unsolicited ideas or proposals via the Site, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same.  If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the applicable law; and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Designated Agent for Receipt of Notifications of Claimed Infringement: Philip Morris Products, S.A., Law Department, Quai Jeanrenaud 5, 2000 Neuchatel, Switzerland.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to applicable authorities under applicable law. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

8.    Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.  WE ASSUME NO RESPONSIBILITY FOR ANY THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY CHALLENGES, AT ANY TIME.  THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

9.    Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.    Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates, or any of our or their respective employees, directors, shareholders, agents and representatives harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site.  We, or our Affiliates (should they be the sole indemnified party), reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11.    Messaging Services

We may make messaging services available to users of our Site, either directly or through a third-party provider.  We will not inspect or disclose the contents of private messages except with the consent of the sender or the recipient, or as is required by applicable law or by court or governmental order.  Further information is available in our Privacy Policy. Mailboxes may have a limited storage capacity.  If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit.  We will not be responsible for such deleted or blocked messages.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes.  However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

12.   Diagnostic Signature Benchmarking Activity 

  • A. The Activity: This Section 12 applies to your participation in the scientific benchmarking activity (the “Activity”), as is further described in this Section and on the Site. As part of the Activity, you will be asked to download and then analyze certain data from the Site (the “Activity Data”).  To participate, you must submit an entry in response to the Activity (a “Response”) via the Site.  To be considered, the Response must include all elements described in this Section. Responses will be automatically evaluated for their scientific merit, based upon a methodology previously defined during the Diagnostic Signature Challenge (the “DSC”) and compared to the results from the DSC.
    THIS ACTIVITY IS DEEMED TO TAKE PLACE IN SWITZERLAND AND IS SUBJECT TO ITS LAWS. YOU ARE RESPONSIBLE TO ENSURE THAT YOUR PARTICIPATION IN THE ACTIVITY DOES NOT VIOLATE EITHER (1) LOCAL LAWS, REGULATIONS OR POLICIES WHICH MAY BE APPLICABLE TO YOU; (2) ANY POLICIES, REGULATIONS OR TERMS OF USE OF YOUR EMPLOYER AND/OR AFFILIATED ENTITY, INCLUDING ANY THAT RELATE TO WORKING WITH, OR OTHERWISE ENGAGING WITH A COMPANY ENGAGED IN THE MAKING, MARKETING AND/OR SELLING OF TOBACCO PRODUCTS. 
  • B. Eligibility: There is no purchase or payment necessary to enter the Activity.  This Activity is only open to (i) individuals who are eighteen (18) years or older at the time they submitted their Response; and (ii) academic or research institutions or commercial entities, in each case that provide a Response.  Each such individual or entity is referred to herein as an “Entrant”.  If an Entrant is a student, employee or is otherwise affiliated with an academic or research institution or other organization (that Entrant’s “Organization”), it is solely that Entrant’s responsibility to review, understand and abide by its Organization’s policies regarding eligibility to participate in the Activity.  THE CHALLENGE ORGANIZER AND ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR DISPUTES ARISING BETWEEN A WOULD-BE ENTRANT AND ITS ORGANIZATION RELATED TO THIS ACTIVITY.
    This Activity is void in Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe and any other country embargoed or sanctioned from time-to-time by the United States, the European Union and/or Switzerland, and is void where prohibited by law.
    Any Entrant who fails to comply with these Terms of Use will not be eligible to participate in the Activity and the Challenge Organizer may exclude any such Entrant.  Notwithstanding the above, the Challenge Organizer reserves the right to exclude or reject any Entrant that in the Challenge Organizer’s sole suspicion, is not a bona fide participant in the Activity, for example because the Entrant is believed to be likely to tamper with the entry process, violate these Terms of Use, or act in an inappropriate, unfair or disruptive manner.
  • C. Entry Procedures: To enter this Activity, you must register with the Site, download the Activity Data, and provide a Response in accordance with this Section 12.  Each Entrant will be asked to download certain data, information and materials, including the Activity Data, as part of this Activity.  Each Entrant acknowledges and agrees that (i) such data, information and materials are owned by PM or its licensors and that, save for the licenses expressly granted below, no Entrant is in any way granted any right, license or ownership of or to the same by virtue of entering into or participating in the Activity; (ii) such Entrant will not use or disclose any such data, information and materials other than in conjunction with this Activity; and (iii) the downloading and use or execution of any software, data or information pursuant to this Activity, including the results of the comparison, is undertaken at the Entrant’s sole risk.
  • D. License to Activity Data: PM hereby grants to you, a personal, non-sublicensable, non-transferable, royalty-free license to the Activity Data to copy, distribute, transmit, display, create derivative works of, retain and use the Activity Data solely for purposes of preparing a Response to be sent to the Challenge Organizer for purposes of the Activity.  FOR AVOIDANCE OF DOUBT, ANY USE OF THE ACTIVITY DATA FOR OTHER PURPOSES, INCLUDING FOR ANY DIAGNOSTIC, MEDICAL, OR SIMILAR USE, IS STRICTLY PROHIBITED WITHOUT PRIOR AGREEMENT BY THE CHALLENGE ORGANIZER. Moreover, any transfer of the Activity Data to anyone, is prohibited.
  • E. Timing: The Activity is offered at the sole discretion of the Challenge Organizer. The Challenge Organizer may cease to offer the Activity at any time, without prior notice.
  • F. Responses: Each Response will be automatically validated and scored if it meets all requirements specified herein and on the Site (including using any form or template for Responses provided via the Site).  Specifically, the Response must include the results generated by application of the Entrant’s methods to the Activity Data.  The Challenge Organizer will not accept any Response that fails to comply with the above. The Site may, but is not obligated to, provide the Entrant with an automatically generated notification that its Response is deficient and provide an opportunity to resolve the deficiency.  All accepted Responses shall be deemed collected exclusively in Switzerland.
  • G. Scoring: Responses will be scored on the basis of automated scoring scripts, by comparing the Responses to the actual clinical status (i.e., the disease state) of each sample used to generate the Activity Data (the “Gold Standard”).  The scoring will involve the use of a comparison algorithm to scientifically and specifically calculate the similarities and differences between a Response and the Gold Standard.  This analysis is conducted to ascertain whether the Responses are bona fide responses based on scientific analysis, or whether the similarities between the Response and the Gold Standard are due to mere luck or chance.  The scoring methodology is further described on the Site.
  • H. Ranking/Benchmarking: Following scoring, the Responses will be ranked according to their relative scores in comparison to the results and ranking of the DSC. The scoring and ranking is final and not subject to appeal, challenge or review.  BY YOUR PARTICIPATION IN THE ACTIVITY AND PROVISION OF A RESPONSE, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO CHALLENGE THE SCORING METHODOLOGY USED.
    THE RANKING AND COMPARISON PROVIDED BY THE ACTIVITY CAN ONLY BE USED BY THE ENTRANT FOR INTERNAL, SELF-ASSESSMENT PURPOSES AND DOES NOT CONSTITUTE AN ENDORSEMENT BY THE CHALLENGE ORGANIZER (OR ITS AFFILIATES, SUBSIDIARIES, PROMOTIONAL PARTNERS, DEVELOPERS, REPRESENTATIVES, ASSIGNS, AGENTS OR LICENSEES) OF THE ENTRANT OR ITS METHODS OR RESULTS IN ANY FASHION, INCLUDING OF THE PERFORMANCE OR QUALITY OF YOUR METHOD USED IN PREPARING YOUR RESPONSE, THE RELIABILITY OF PREDICATIONS MADE BY THE ENTRANT, OR THE ENTRANTS TECHNICAL OR SCIENTIFIC ABILITIES OR QUALIFICATIONS.  YOU MAY PUBLISH THE RANKINGS PROVIDED ONLY IN ACCORDANCE WITH PARAGRAPH P OF THIS SECTION 12.
    We may use your Response, along with its associated ranking, in aggregate with other results of the Activity and/or the DSC, in a publication on the Site or in a journal as further stated in paragraph I below.
  • I. Grant of License to Use Response and Ranking: By entering the Activity, and to the extent allowed by law, each Entrant hereby grants a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and transferable license under each Entrant’s intellectual property, moral rights, rights of publicity, and other proprietary rights to the Challenge Organizer and its affiliates, subsidiaries, promotional partners, developers, representatives, assigns, agents and licensees to: edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, transmit, publish on the Entrant’s behalf, post, broadcast, display, adapt, exhibit and/or otherwise use the Entrant’s Response and the ranking of the Entrant’s Response in aggregate with other Responses and rankings coming from the Activity and/or the DSC in any and all media, now existing or hereafter devised, in any language, for advertising, promotional, educational and scientific purposes in connection with the Activity, without further review, notice, approval, consideration, or compensation to Entrant or any third party.
  • J. Personal Information/Further Contact: Each Entrant acknowledges and agrees that the Challenge Organizer may be interested in learning more about the method used by the Entrant in preparing its Response and hereby agree and consent to the Challenge Organizer’s use of the Entrant’s contact information for this purpose. Personal information collected from any Entrant will be used in accordance with the Privacy Policy and as set out in these Terms of Use for the purpose of administering this Activity, including to record the Entrant’s access to the Activity Data and to verify its identity, address and other contact details and further might be disclosed to a third party in the cases provided in this Section.  By accepting these Activity Terms of Use and/or entering the Activity, each Entrant expressly agrees to the use of its personal information for such purpose.
    Notwithstanding the terms of our Privacy Policy, PM may provide an Entrant’s personal information to a third party without the Entrant’s further permission in the following cases: (i) the personal information of the Entrant, including its name, is widely publicized as an entity that is an Entrant who provided a Response, for the purpose of publicizing this Activity (as described in these Terms of Use); (ii) the personal information of the Entrant is disclosed to a subcontractor for the purpose of promoting this Activity or maintaining and managing the Site; or (iii)  the Entrant otherwise gives consent for the disclosure, storage and transfer of their personal information for all such purposes above.
  • K. Warranty Regarding Entrant’s Rights in its Response: Each Entrant hereby certifies that such Entrant is the sole and exclusive owner and right holder of the Response and has the right to enter the Activity and all parts of the Response are either original, or are licensed for use by the Challenge Organizer (including its affiliates and subsidiaries, employees, agents, and contractors) and each Entrant in a way that does not: (A) infringe any intellectual property rights, including without limitation, any copyright, trademark, patent, trade secret or obligations of confidentiality; or (B) otherwise violate applicable laws and regulations. Each Entrant hereby further certifies that the information such Entrant submits in connection with any Response (including in any required sign-up forms) is at all times accurate, and that it correctly represents such Entrant’s professional affiliation, experience, qualifications and ability to transact business. NOTWITHSTANDING THE REVIEW OF ANY RESPONSE BY THE CHALLENGE ORGANIZER OR ITS NOMINEE, EACH ENTRANT UNDERSTANDS AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF ITS RESPONSE. 
  • L. Indemnity of Challenge Organizer Relating to Response: To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Challenge Organizer and its subsidiaries, affiliates, related companies, contractors, subcontractors and suppliers and any of their employees, officers, directors, shareholders and representatives, at all times from and against any liability, claims, demands, losses, damages, costs and expenses arising out of or accruing from: (i) any act, default or omission of the Entrant and/or a breach of any warranty set forth herein; (ii) any Response or other material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, patent, trade secret, obligation of confidentiality or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (iii) any misrepresentation made by the Entrant in connection with the Activity; (iv) any non-compliance by the Entrant with these Terms of Use; (v) claims brought by persons or entities other than the parties to these Terms of Use arising from or related to the Entrant’s involvement with the Activity, including any use of the rankings coming from the Activity beyond what is expressly permitted in this Section 12; (vi) participation in this Activity; (vii) any malfunction or other problem with the Site; (viii) any error in the collection, processing, or retention of Response information; or (ix) any stealing or plagiarism, destruction, unauthorized access, or falsification of any Response.
  • M. Limitation of Liability: EACH ENTRANT ACKNOWLEDGES AND AGREES THAT NONE OF THE CHALLENGE ORGANIZER, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES ARE RESPONSIBLE FOR, AND THAT NONE OF THE FOREGOING SHALL BE LIABLE FOR: (I) LOST, DAMAGED, MISDIRECTED, INCOMPLETE, ILLEGIBLE, OR UNINTELLIGIBLE RESPONSES; (II) TELEPHONE, ELECTRONIC, HARDWARE, OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, OR DIFFICULTIES; (III) ERRORS IN TRANSMISSION; (IV) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF THE CHALLENGE ORGANIZER, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES THAT MAY CAUSE THE ACTIVITY TO BE DISRUPTED OR CORRUPTED; (V) ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND CAUSED FROM PARTICIPATION IN THE ACTIVITY, INCLUDING YOUR USE OF THE RANKINGS PROVIDED; OR (VI) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE ACTIVITY.
    EACH ENTRANT ACCEPTS AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE CHALLENGE ORGANIZER’S NEGLIGENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE CHALLENGE ORGANIZER, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY RESPONSE MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY ACTIVITY-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT’S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE ACTIVITY, INCLUDING THESE TERMS OF USE.
  • N. Scientific Review: EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE CHALLENGE ORGANIZER AND ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS DO NOT GUARANTEE IN ANY WAY THE SCIENTIFIC ACCURACY, PRECISION, SUFFICIENCY, OR THE LIKE OF THE RESULTS OF THE EXPERIMENTAL REVIEW THAT MAY BE CONDUCTED IN THE CONTEXT THIS ACTIVITY; AND (ii) THE CHALLENGE ORGANIZER AND ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY ERRORS, AMBIGUITIES OR OTHER INACCURACIES CAUSED BY THE CHALLENGE ORGANIZER OR ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS IN THE DESIGN, EXECUTION, SCORING OR OTHER ASPECTS OF THE ACTIVITY.
  • O. Conflicts With Other Documents or Sections: Any perceived or actual conflict between this Section and the Privacy Policy or other sections of these Terms of Use with respect to the Activity, shall be resolved in favor of this Section. 
  • P. Publications: You may publish your ranking in a scientific or academic journal only on the following conditions: (1) the publication focuses on a description of your method used in preparing your Response and mentions that it was used in the Activity; (2) the publication provides the following citations to the Activity and the Site: www.sbvimprover.com and Rhrissorrakrai K, Rice JJ, Boue S, Talikka M, Bilal E, Martin F, Meyer P, Norel R, Xiang Y, Stolovitzky G, et al. sbv IMPROVER Diagnostic Signature Challenge: Design and results. Systems Biomedicine 2013; 1:3 – 14; (3) the publication does not state or suggest that the ranking or your participation in the Activity is an endorsement by the Challenge Organizer (or its affiliates, subsidiaries, promotional partners, developers, representatives, assigns, agents or licensees) of the Entrant or its methods or results in any fashion, including of the performance or quality of your method used in preparing your Response, the reliability of predications made by the Entrant, or the Entrants technical or scientific abilities or qualifications; and (4) the Activity Data is not published.
  • Q. Assignment of Rights: PM may assign any or all of its rights or obligations under this Section.  No Entrant may assign, novate, or subcontract any of its rights or obligations under this Section without PM’s express prior written consent, which PM may deny or condition in its sole discretion.  Any purported assignment, novation or subcontract in violation of this Section shall be null and void.

13.    Use of Site and Storage of Material

You agree that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum number of days that uploaded Content will be retained on the Site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.  You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on or through this Site.  You acknowledge and agree that we reserve the right to “log off,” suspend or delete Accounts that are inactive for an extended period of time.  You further acknowledge and agree that we reserve the right to change these general practices and limits at any time, in our sole discretion.

We may provide storage space and access for User Material through our Site.  For purposes of these Terms of Use, “User Material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.  You may not use this Site to publish User Material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Conduct on Site” above.  We will not routinely monitor the contents of your online portfolio.  You are solely responsible for any information contained in your online portfolios.  However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service.  We may also suspend the Account, restrict access to it, or remove content from it if necessary or appropriate.

The Accounts of our users operate on shared resources.  Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users.  Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your Account or limitation of your activities.

This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility.  Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility.  You should preserve backup copies of any digital data, information or other materials that you have uploaded.  You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

14.    International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Switzerland, and accessing them from territories where its contents are illegal is prohibited.  Those who choose to access this Site from locations other than Switzerland do so on their own initiative and are responsible for compliance with local laws. 

15.    Termination of Use

You acknowledge and agree that we may at any time, and at our sole discretion terminate or suspend your Account and/or block your use of all or part of the Site without prior notice to you for reasons including, without limitation, breach of these Terms of Use.  In addition, any suspected fraudulent, inappropriate, abusive or illegal activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. 

16.    Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail.  Notices to us must be sent via the “Contact Us” link available on the homepage of the Site.  You acknowledge and agree that notices to you may be sent to you via the contact information you provided in your Registration Data.  It is solely your responsibility to ensure that you update this information if it changes.  In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (2) seven business days after the mailing date, if sent by mail, return receipt requested; (3) on the delivery date if transmitted by confirmed facsimile; or (4) on the delivery date if transmitted by confirmed email.

17.    Entire Agreement; Amendments

These Terms of Use (including, for avoidance of doubt, the Challenge Rules (if applicable) and the Privacy Policy) constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.

We may need to change these Terms of Use from time to time in order to address new issues and reflect changes on our Site.  We will post the revised Terms of Use on the Site, indicate the effective date of the revision and inform you that these Terms of Use have been changed.  To continue using the Site you must agree to such revised Terms of Use.

18.    Miscellaneous

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void.  We may freely assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Sections intended by their terms or effect to survive termination of these Terms of Use shall survive any such termination.

19.    Conflicts

Any perceived or actual conflict between these Terms of Use and a summary of these Terms of Use or any content on the Site, shall be resolved in favor of these Terms of Use.  Any perceived or actual direct conflict between these Terms of Use and the Privacy Policy shall be resolved in favor of these Terms of Use. Any perceived or actual direct conflict between these Terms of Use and the applicable Challenge Rules to the extent it relates to the general use of the Site apart from a Challenge be resolved in favor of these Terms of Use, and to the extent it relates to a Challenge, shall be resolved in favor of the applicable Challenge Rules.

20.    Governing Law

This Site (excluding any linked sites) is controlled by us from our offices in Switzerland.  It can be accessed from Switzerland and also from other countries around the world which may have laws that differ from those of Switzerland.  By accessing this Site you agree that these Terms of Use are governed by the laws of Switzerland.  To the extent permitted by applicable law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Site are hereby excluded, and you expressly waive any and all such rights.  If such exclusion or waiver is not permitted by applicable law, you agree to submit to the exclusive jurisdiction of the courts located in Lausanne, Canton of Vaud, Switzerland to resolve any legal matter arising from the dispute or claims.  You and we hereby waive, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any such proceedings in such a court and any claim that any such proceedings brought in such a court have been brought in an inconvenient forum. You and we agree that mailing of process or other papers in connection with any such action or proceeding in the manner provided in Section 16 or any other manner as may be permitted by applicable law shall be valid and sufficient service thereof.  You and we agree that a final judgment in any action or proceeding brought under this Section 20 shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law.

21.    Contact Information

You may choose to communicate with us via the “Contact Us” link available on the homepage of the Site.  We shall use your e-mail address and name only in order to respond to your message.

For all media inquiries please see the information under the “Media” link available on the homepage of the Site.

 

By clicking "I agree" and proceeding with registration you certify that you have read and understood the terms and conditions below (including the TERMS OF USE and the PRIVACY POLICY) and that you agree to be legally bound by those terms and conditions. Your acceptance of the terms and conditions constitutes a legally binding contract with Philip Morris Products, S.A., having offices at Quai Jeanrenaud 3, 2000 Neuchatel, Switzerland, and sets forth the sole terms and conditions of such contract.


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