G.E.M.S™ is an integrated data storage and sharing (GEMShare™) and analytical (GEMSTools™) platform to enable research collaborations for innovation in food, agricultural production and other domain areas.
THE G.E.M.S™ PLATFORM WILL POST NOTICE OF MODIFICATIONS TO THESE TERMS ON <GEMS.AGROINFORMATICS.ORG>. BY CONTINUING TO USE THE G.E.M.S™ PLATFORM AFTER THE REVISIONS COME INTO EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS.
If you agree to these terms on behalf of a business, organization, agency or institution “an Organization,” you represent and warrant that (i) you have authority to bind that Organization to this Agreement, (ii) your agreement to these terms will be treated as the agreement of the Organization, and (iii) any individual or entity to whom you provide access to the Software shall be made aware of and shall be bound by these terms. In that case, “you” and “your” in this Agreement shall refer to the Organization you represent.
You agree that the Service contains Content specifically provided by the G.E.M.S™ Platform, its partners and other third parties, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Unless you have the expressed written permission of the Content owner, you shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The G.E.M.S™ Platform may make the Service available on or through other websites or resources on the Internet, and other websites or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under the G.E.M.S™ Platform's control, and you acknowledge that the G.E.M.S™ Platform is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the G.E.M.S™ Platform or any association with its operators. You further acknowledge and agree that the G.E.M.S™ Platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
The Service provides you with the ability to add, create, upload, submit, distribute or post (“Submit,” “Submitting” or “Submission”) content, articles, data, text, photographs, images, illustrations, or other information on or to the Platform or Service (collectively, the “User Submissions”). By way of example, and not as a limitation, User Submissions may be Submitted when you request the Service to (i) identify, resolve, copy, or import content stored on your or a third party’s computer system, (ii) synchronize content such that the Service stores or “mirrors” content stored on your or a third party’s computer system by storing such content on equipment owned or operated by the G.E.M.S™ Platform, (iii) save or store your comments, edits or annotations to Content accessible through the Service, or (iv) share with another person any content stored on your or a third party’s computer system.
You understand that all information publicly posted or privately transmitted through the Platform or Service is the sole responsibility of the person from which such content was Submitted. The G.E.M.S™ Platform will not be liable for any errors or omissions in any content, and may delete, modify, or reformat any materials, content or information Submitted by you. The G.E.M.S™ Platform does not endorse and has no control over any content Submitted to the Service. The G.E.M.S™ Platform cannot guarantee the authenticity of any User Submission. You acknowledge that all Content accessed by you in connection with your use of the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your access to or your inability to access such Content.
The G.E.M.S™ Platform may terminate your access to all or any part of the Service at any time if: (a) you breach any provision of this Agreement or any other agreement between you and Provider; or (b) the G.E.M.S™ Platform is required to do so by applicable law, as determined by the G.E.M.S™ Platform in its sole discretion. You or the G.E.M.S™ Platform may terminate this Agreement by providing no less than 90 days written notice that the service will no longer be required or offered.
Unless required by applicable law or agreed to in writing, the G.E.M.S™ Platform and its Content is provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the G.E.M.S™ Platform and its Content and assume any risks associated with Your exercise of permissions under this Agreement.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the G.E.M.S™ Platform be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of the use or inability to use the G.E.M.S™ Platform or its Content (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if the G.E.M.S™ Platform has been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to You.
Although some Services and Content are currently free to users, the G.E.M.S™ Platform reserves the right to amend or withdraw such free Services or Content at any time. Fee-for-Service use of the G.E.M.S™ Platform requires payment in order to be accessed by users. You shall pay all applicable fees, as described on the Platform or in agreements made in writing with the G.E.M.S™ Platform, or its designated affiliates in connection with any such Services selected by you. Failure to make the appropriate payment will result in the withdrawal of your access to the charged-for Services. The G.E.M.S™ Platform reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Platform. Your continuing use of the Services and Content following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable (your statutory rights are not affected).
The G.E.M.S™ Platform has adopted the following general policy toward copyright infringement in accordance with the European Union Copyright Directive. The address of The G.E.M.S™ Platform’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is the G.E.M.S™ Platform’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements: