Terms and Conditions

Thank you for visiting the International Cancer Genome Consortium web site, hosted by the Ontario Institute for Cancer Research (“OICR”).

Please read these Terms and Conditions carefully before using this web site, as these Terms and Conditions (and all agreements incorporated herein by reference) is a legal agreement between the visitor (“you” or “your”) of this world wide web site (the “Site”) and OICR. For the purposes of these Terms and Conditions, “you” or “your” includes you and any person or other entity on whose behalf you may act or represent.

1. Terms and Conditions of Use of Site

This Site is provided solely for informational purposes by the OICR on behalf of the International Cancer Genome Consortium ("ICGC"), and its use by you is conditional on your acceptance and agreement of the terms and conditions of use set forth below (the "Terms and Conditions"), including without limitation, any changes hereto in accordance with this Section 1. By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other content from this Site (collectively the "Content"), or to send messages, information, data, text, software or images, or other Content to the Site, you are acknowledging your acceptance and agreement (on your own behalf and on behalf of any person or other entity on whose behalf you may act or represent), of these Terms and Conditions (including without limitation all changes hereto) and any agreements incorporated by reference herein for each use of and each visit to this Site, and that you intend to be legally bound by them without limitation or qualification. If you do not agree to these Terms and Conditions, you may not use this Site or any of the Content hereof.

YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE AND AGREEMENT (ON YOUR OWN BEHALF AND ON BEHALF OF ANY ENTITY ON WHOSE BEHALF YOU MAY ACT OR REPRESENT), OF THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION ALL CHANGES HERETO) AND ANY AGREEMENTS INCORPORATED BY REFERENCE HEREIN FOR EACH USE OF AND EACH VISIT TO THIS SITE, AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM WITHOUT LIMITATION OR QUALIFICATION. BY CONTINUING TO USE THE SITE, OR THE CONTENTS OF THE SITE, YOU ACCEPT OUR THEN CURRENT TERMS AND CONDITIONS.

OICR has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at the Site.

OICR may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any features of this Site; (iii) removing, adding, modifying or otherwise changing any Content on this Site. It is your responsibility to check the Terms and Conditions frequently for updates by checking the date of the "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with OICR or any other participant in the ICGC research projects. OICR reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but you acknowledge that it has no duty to do so.

2. Limited License

You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print and download and use the Content of this Site for informational purposes only and solely for your own personal or internal company use. You may not modify any Content that you use. You must include with any display or copy of the Content its copyright notice (that is, the line at the bottom of this page). No other use is permitted.

You may not:

(a) resell any Content;
(b) include any Content in or with any product that you create or distribute;
(c) copy any Content onto your own or any other website; or
(d) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part).

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your use of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. OICR will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. OICR reserves the right at all times to disclose any information regarding your use of the Site as necessary to satisfy any law, regulation or governmental request.

3. Proprietary Rights

The Content is protected by Canadian and worldwide copyright laws and treaty provisions. Neither OICR, nor any other participant in the ICGC research projects, make any representations or warranties that the Content does not infringe the rights (including without limitation, the intellectual property rights) of any other person or entity. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright and other intellectual property laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of OICR or the participants in the ICGC research projects or their affiliates (the "Marks"), and are protected in Canada and internationally and their display on this Site does not convey or create any license or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of the owner is strictly prohibited.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.

4. Linked Sites

Certain links on this Site may take you to other web sites. OICR provides these links only as a convenience.

Because we have no control over third party web sites, you acknowledge and agree that neither OICR, nor any participant in the ICGC research projects, is responsible for the content of any such linked pages. OICR and the participants in the ICGC research projects are not liable for, make no representation or warranty regarding, and do not endorse, any linked web sites, the information appearing thereon or any of the marketing, products, services or other materials described or contained on such web sites. You further acknowledge and agree that neither OICR nor the participants in the ICGC research projects shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any third party web sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. If you use these third party web sites, you will leave this Site.

If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. OICR welcomes links to this Site. However, you agree that if you want to link your website to this Site, you shall not:

create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;

imply that OICR or the participants in the ICGC research projects are endorsing you or any other person, or your or such other person's products or services;

imply an affiliation between you or any other person, or your or such other person's products or services, without the prior written consent of the OICR or the participants in the ICGC research projects;

misrepresent the relationship of you or any other person with OICR or the participants in the ICGC research projects or present false, misleading or otherwise damaging information or impressions about OICR or the participants in the ICGC research projects; or

contain materials that may be interpreted as distasteful, harmful, offensive, infringing or inaccurate.

5. Privacy Policy

Any of your personal information which OICR collects via this Site is subject to the OICR Privacy Policies , which is incorporated into these Terms and Conditions by reference.

We are concerned about privacy and committed to your privacy while accessing the Site and using its Content. The approach to communications on the Internet taken by OICR and the participants of the ICGC research projects is to respect, and protect your privacy rights. Our Privacy Policy outlines our Site information practices including our utilization of personal information we may learn about you when visiting our Site.

What is Personal Information?

Personal information is any information about an identifiable person.

If the OICR or other participants in the ICGC research projects collects your personal information on its Site from you, it is to be used for the purposes identified to you at the time of collection. For example, the International Cancer Genome Consortium may collect your first and last name, e-mail address and subject of inquiry, for the purpose of responding to your specific request for information. If you choose to provide us with additional information about yourself through an email message, we will only maintain the identifying information as long as needed to respond to your question.

To whom does OICR disclose Personal Information?

OICR will not disclose such information to other persons, other than as follows:

To the extent required for the Identified Purposes, as described to you at the time of collection; and

To other third parties, such as sponsors and web site content partners, but only where and to the extent you give us your permission to do so.

What is Aggregate Information?

"Aggregate information" is standard web server/visitor traffic information, commonly referred to as 'aggregate information', regarding overall website traffic patterns. We do not report on individual user sessions. Web servers normally collect this type of basic information as part of their web log processes. This aggregate information does not identify you and thus does not constitute personal information.

In addition to information provided by our visitors we use the normal Internet tracking tools associated with standard Internet protocols and web-based systems. This system information is typically stored in log files and the information is used for aggregate reporting. Aggregate reporting includes total number of visitors, most visited sections, peak traffic times, etc. Log files are simply transaction records web servers maintain. Those logs are used for recording information, such as:

Service provider IP addresses;

Browser versions;

Referring websites;

Search terms used;

Average number of pages requested;

Average duration of visit;

Total visitor traffic.

We use aggregate information gathered from your visit to better design our website. This information supplies us with a broad picture of how people use our website in order to help the management of our systems and to better serve our stakeholders.

How do we protect your Personal Information?

We are committed to data security. In order to prevent unauthorized access, maintain the accuracy of your personal information and ensure that your personal information is used and disclosed only pursuant to this Policy, the OICR strives to maintain physical, electronic, contractual and administrative safeguards to secure your personal information we collect from the Website with a level of security that is appropriate to the sensitivity of the personal information collected.

What about practices of linked sites?

This privacy statement applies only to the Site of the International Cancer Genome Consortium. Please be aware that neither OICR nor the ICGC is responsible for the privacy practices of other websites to which the Site has links. We encourage you to read the privacy statements of each and every website that requests personal information from you.

Who do I contact with questions or concerns about the Site’s Privacy Policy?
For all inquires about your personal information, including requests to access or correct personal information, please send a written request to: info[at]icgc[dot]org

6. Disclaimer

OICR and the participants in the ICGC research projects make reasonable efforts to ensure that the Content is accurate at the time it is posted on the Site; however, OICR and the participants in the ICGC research projects make no representation or warranty of any kind regarding the Site or the Content.

OICR and the participants in the ICGC research projects make no representation or warranty that Content at this Site is appropriate or available for use at any locations outside Canada. Accessing the Content from locations where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE (INCLUDING WITHOUT LIMITATION THE CONTENT) IS STRICTLY PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE; AND THAT ANY USE OF OR RELIANCE ON THE SITE SHALL BE AT YOUR SOLE RISK. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE SITE OR THE SITE’S CONTENTS (INCLUDING WITHOUT LIMITATION, THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS). THE CONTENT IS NOT INTENDED TO PROVIDE ANY SPECIFIC ADVICE, MEDICAL OR OTHERWISE, FOR YOUR INDIVIDUAL CIRCUMSTANCES, AND YOU SHOULD CONSULT YOUR OWN HEALTHCARE PROFESSIONAL TO DETERMINE HOW ANY INFORMATION OR MATERIALS PROVIDED ON THIS SITE APPLY TO YOUR INDIVIDUAL CIRCUMSTANCES.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OICR AND THE PARTICIPANTS IN THE ICGC RESEARCH PROJECTS AND THEIR AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, OICR AND THE PARTICIPANTS IN THE ICGC RESEARCH PROJECTS DO NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

7. Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL OICR OR THE PARTICIPANTS IN THE ICGC RESEARCH PROJECTS OR ANY OF THEIR AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND (UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES) EVEN IF OICR OR THE PARTICIPANTS IN THE ICGC RESEARCH PROJECTS OR ANY OF THEIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE. TO THE EXTENT THAT THE JURISDICTION TO WHICH YOU ARE SUBJECT DOES NOT ALLOW ANY PART OF SUCH LIMITATION, SUCH PART DOES NOT APPLY. YOU AGREE THAT IN VIEW OF THE CIRCUMSTANCES OF THESE TERMS, THE LIMITATIONS UPON THE LIABILITY OF OICR AND THE PARTICIPANTS IN THE ICGS RESEARCH PROJECTS UNDER THESE TERMS ARE IN ALL RESPECTS FAIR AND REASONABLE AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

8. Choice of law

This Site is controlled, operated and administered by the OICR from within the Province of Ontario, Canada. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in connection with any disputes involving the interpretation or application of these Terms and Conditions or your use of the Site. The United Nations Convention of the International Sale of Goods shall not apply to these Terms of Use or any other agreement incorporated herein by reference.

9. General

These Terms and Conditions, along with any agreements incorporated by reference herein, constitute the entire agreement between OICR and the participants in the ICGC research projects and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between OICR or the participants in the ICGC research projects or their affiliates and you with respect to this subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. Any failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. Nothing in these Terms and Conditions shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.