Effective Date: November 20th, 2015
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.
2. Account Security
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;
- 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.
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
6. Intellectual Property Information
Unless otherwise indicated on any particular portion of the Site, this Site is subject to copyright protection. All rights reserved.
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
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.
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 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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
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.
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.
17. Entire Agreement; Amendments
20. Governing 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.
Effective Date: November 20th, 2015
1. Types of Information Collected
In order to customize the Site for you, to modify and enhance the Site, and enable your participation in the Challenges, we collect two types of information about you:
“Personally Identifiable Information” This refers to information that lets us know the specifics of who you are. If you elect to register an Account (as defined below), register for a Challenge, provide a submission to a Challenge, submit content to the public areas of the Site or use the Site in other, similar ways, we may ask that you provide us personal information, which may include your first and last name, mailing address, email address, employer and/or organizational affiliation, and other personal identifying information.
“Non-Personally Identifiable Information” This refers to information that does not by itself identify a specific individual. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what Web browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web (“Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the Web.
2. Effect and Modification
3. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for the Site by creating separate unique account and password and/or sign up to participate in a Challenge (together, your “Account”); (b) provide a submission to a Challenge; or (c) send email messages, post in message boards or discussion forums or other public areas, submit forms or transmit other information by telephone or letter. We may also collect Personally Identifiable Information from you at other times or places on our Site, but we will inform you that this information is being collected if we do. Some of the Personally Identifiable Information we ask you to provide is identified as mandatory. If you do not provide the mandatory data with respect to a particular activity, for example registration on the Site or participation in a Challenge, you will not be able to engage in that activity.
4. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others.
We do provide some of our services through affiliates, subsidiaries, services providers, partners and other third parties, and we may share your Personally Identifiable Information with such third parties as necessary to host and/or operate the Site (including maintaining appropriate back-ups of data) and to deliver our respective services. When this happens, we implement contractual agreements with such third parties limiting the use of your Personally Identifiable Information to activities specific to the Site (including the Challenges).
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information or Non-Personally Identifiable Information to the appropriate governmental authorities. We may disclose this information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe in good faith to be unlawful.
5. Updating and Correcting Information
You agree that the Personally Identifiable Information you provide to us is accurate and truthful. You may change any of your Personally Identifiable Information in your Account online at any time either through the Site or by contacting us via the “Contact Us” link accessible from the homepage of the Site. It is solely your responsibility to update this information if it changes. Failure to update your information may have consequences for your participation in the Challenges, including your ability to claim any incentive associated with a Challenge.
You may request that we delete your Personally Identifiable Information by contacting us via the “Contact Us” link accessible on the homepage of the Site. However, doing so will invalidate your submissions to the Challenges, if any, and will terminate access to your Account. Moreover, full deletion may be impossible because, among other reasons, we may not be able to delete information concerning past transactions on the Site and because your Personally Identifiable Information may be stored in archived backups.
6. User Choices on Collection and Use of Information
We may, from time to time, send you email regarding a Challenge. Only we (or agents working on our behalf in compliance with the safeguards we mention in Section 4), will send you these direct mailings unless you specifically request not to receive them by contacting us via the “Contact Us” link accessible via the homepage of the Site.
You also have choices with respect to cookies, as described in Section 9 below.
7. Security of Information
We take privacy rights seriously and seek high levels of compliance with all applicable data protection laws and regulations. As such, we maintain safeguards to protect against unauthorized disclosure, use, alteration or destruction of your Personally Identifiable Information. In addition, your access to your Personally Identifiable Information is available through a password and unique customer ID selected by you. We recommend that you do not divulge your password to anyone.
You will know that you are in a secure area of our Web site when a “lock” icon appears on your screen or the “http” portion of the URL for the area you are viewing changes to “https.” The “s” stands for “secure.” However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, YOU ACKNOWLEDGE AND AGREE THAT: (A) THERE ARE SECURITY AND PRIVACY LIMITATIONS OF THE INTERNET WHICH ARE BEYOND OUR CONTROL; (B) THE SECURITY, INTEGRITY AND PRIVACY OF ANY AND ALL INFORMATION AND DATA EXCHANGED BETWEEN YOU AND US THROUGH THIS SITE CANNOT BE GUARANTEED; AND (C) ANY SUCH INFORMATION AND DATA MAY BE VIEWED OR TAMPERED WITH IN TRANSIT BY A THIRD PARTY.
8. Transfer outside of European Economic Area and Switzerland
9. Cookies and Web Beacons
When you use our Site we will store cookies on your computer to customize your experience with the Site and to analyze your use of the Site. A cookie is a small text file, which a Web site stores on your computer’s hard drive (if your browser permits) that can later be retrieved to identify you to us. Our cookies may store things such as, randomly assigned user identification numbers, the country where you are located, your name, or similar information. If you wish to restrict or block the cookies which are set by the Site, or indeed any other website, you can do this through your browser settings. The ‘Help’ function within your browser should tell you how or you can visit www.aboutcookies.org which contains comprehensive information on how to do this on a wide variety of browsers. If you choose to disable cookies, some parts of the Site may not work properly.
We may also employ Web beacons in connection with your use of the Site. Web beacons are Internet tools that help us determine, for example, whether a Web site page has been viewed. Web beacons help us to enhance the online experience of our visitors and to better understand how the Site is used. They may tell us, for example, whether you have visited the Site before or whether you are a new visitor.
10. Privacy Policies of Third Party Sites
11. Miscellaneous Privacy Issues
You must be at least 18 years old to have our permission to use this Site. The Site is not directed to children, and our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors who are under 18 years of age. In addition, should a child whom we know to be under 13 send Personally Identifiable Information to us, we will delete it as soon as possible.
13. Governing Law
14. Contact Us
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.