Terms of Use

Last Updated: November 10, 2020

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, INCLUDING ANY CORRESPONDENCE BETWEEN US AND YOU THAT IS INITIATED VIA THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

Welcome to www.getensembl.com. This website is operated by Ensembl Inc. (“Ensembl” or “we”, “us” or “our”). This “website” means the whole or any part of the web pages located at www.getensembl.com  directed to and includes the layout of this website; individual elements of this website’s design; underlying code elements of the website; text, sounds, graphics, animated elements and any other content of this website.

 

By accessing and browsing the website of Ensembl you confirm your acceptance of the following terms and conditions (the “Terms”) and Ensembl’s Privacy Policy (available at: https://www.getensembl.com/privacy-policy). If you do not accept to be bound by these Terms, please leave the website immediately.

 

We reserve the right to modify the above Terms at any time without notice. The date of the most recent update is noted at the bottom of this page.

 

Use

 

This website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the website under applicable laws.

 

You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. You agree that you will use this website responsibly and in compliance with all applicable laws and these Terms.

 

You agree that you will not hack into this website or employ any robot, spider or other device or process to use this website for unauthorized purposes. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with the website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this site on a temporary or permanent basis.

 

User Rights and Intellectual Property Rights

 

(a) Our Content

 

All content, information, data, database content, photographs, images, videos, software, trademarks, logos, designs, publicity slogans, source code, inventions, knowhow, and/or other Ensembl material protected by copyright, patent and other applicable intellectual property laws appearing on this website (the “Content”) are the exclusive property of Ensembl or the property of third parties who granted permission to use such Content on this website, or both.

 

Unless prior written authorization has been given by Ensembl, all Content included on this website regarding products and services offered by Ensembl in Canada is provided for informational and promotional purposes only.

 

You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from Ensembl. However, you may download, print or reproduce the Content for personal use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain.

 

You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger Ensembl’s intellectual property rights or the intellectual property rights of a third party in respect of this website.

 

Nothing contained on this website should be construed as granting any license or right of use of any other person’s or entity’s trade mark which is displayed on this website without their express permission.

 

All unauthorized use of the Content will be considered as a violation of the intellectual property rights of Ensembl.

 

(b) User Content

 

“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).

 

By making any User Content available through the website, products and services you hereby grant to Ensembl a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the website, products and services and Ensembl’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the website, products and services (and derivative works thereof) in any media formats and through any media or social channels (whether now known or hereafter devised). You understand that Ensembl is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.

 

You understand that your content, including User Content (but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

Except where prohibited by law, by submitting or uploading User Content through the website, products and services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Ensembl as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.

 

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Ensembl on or through the website, products and services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

(c) Ensembl-Tagged Media

 

The Site includes the Ensembl, Inc page located at @getensembl, which extracts content from our users and customers who share photos and videos on Instagram using Ensembl’s brand hashtags, including but not limited to #getSTACKWARE, #getENSEMBL, #ENSEMBLinspiration, #cometogether, #domore, #domoredobetter or tagging the Ensembl Instagram account @getensembl (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Ensembl’s marketing, advertising and social media channels, website or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the website, products and services and similar promotional purposes, including after you terminate your Account or your use of the website, products and services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

 

(d) DMCA/Copyright Policy

 

Ensembl respects copyright law and expects its users to do the same. It is Ensembl’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

No Commercial Use

 

This website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

 

Feedback

 

We welcome feedback, comments, reviews of the website, products or services you purchase through us, and suggestions for improvements to our website, products or services (“Feedback”). You can submit Feedback by emailing us at help@getensembl.com or by reviewing a particular product or service. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Link to Third Party websites

 

This website may include links to other websites owned by third parties. These links are provided solely for your convenience and may not remain current or active. Ensembl has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. Ensembl does not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the content, security or privacy practices of any other website. Your use of any link to an outside website is entirely at your own risk. Therefore, Ensembl cannot be held responsible for the information contained on such websites and does not offer any guarantee or make any declaration in this regard. Your use of any link to an outside website is entirely at your own risk.

No part of this website may be linked to without prior written consent from Ensembl.

 

Website Availability

 

From time to time and without prior notice to you, Ensembl may cease to continue operating part or all of the website or selectively disable certain aspects or portions of the website. Any modification to or elimination of the website will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the website does not entitle you to the continued provision or availability of the website.

 

Security

 

Ensembl takes reasonable steps to ensure the security of its systems. However, there are inherent risks associated with the use of electronic means of communication. Therefore, Ensembl discourages the use of its website to submit sensitive personal or business information. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. Ensembl accepts no liability that may arise if any other persons obtain the information you submit to this website.

 

Sale of Ensembl Products and Services

 

Ensembl reserves the right to cease production of any products and services offered on this website or to modify any specification related to these products and services without notice and without incurring any liability.

 

Disclaimer

 

Your use of the website is at your own risk. While Ensembl endeavours to ensure that the information on the website is correct, Ensembl is under no obligation do so. Ensembl does not warrant the accuracy, timeliness or completeness of the website. Ensembl has no liability for any loss of, or errors or omissions, whether provided by Ensembl, our licensors or suppliers or other users. Ensembl may make changes to the website at any time without notice.

The website is provided by Ensembl in good faith on an “as is” and “as available” basis for general information purposes website users agree to bear all risks associated with their use of the website, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the website.

 

Ensembl makes no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the information, services and other content contained on this website. You are solely responsible for the use and/or the interpretation of all the Content of this website.

 

Ensembl may, in its sole discretion and at any time without notice, restrict, suspend or cancel access to or use of the website, for all or any one or number of users. Furthermore, Ensembl does not guarantee that the Content of this website will be uninterrupted, up-to-date or error-free, and will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. Ensembl does not warrant that any security defects, vulnerabilities or errors on the website will be identified or remedied.

 

Ensembl will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a linked website, or for any data lost or any equipment or software damaged or replaced by you as a result of you using this website. You must take your own precautions to ensure that your use of this website is free of viruses or other malicious content that may interfere with or damage the operations of your computer systems.

 

Ensembl is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

 

To the maximum extent permitted by law, you agree that you will not seek to hold Ensembl and its affiliates liable:

 

• directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or other remedy whatsoever in connection with this website; and
• to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this website.

 

Indemnity

 

By accessing and browsing this website, you accept that you will indemnify and hold Ensembl and its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that Ensembl may suffer or incur as a result of: (a) your access to and use of this website; (b) from any other alleged violation of the present Terms; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.

Ensembl reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Ensembl. Ensembl will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

No Partnership

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ensembl as a result of these Terms, our Privacy Policy or any use of the website.

 

Ensembl’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our Privacy Policy is in derogation of Ensembl’s right to comply with law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Ensembl with respect to such use.

 

Applicable Laws

 

These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable within Ontario without regard to conflict of law provisions. The Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms.

 

Termination

 

We may terminate your access to and use of the website and related services at our sole discretion, at any time and without notice to you. If Ensembl determines, in its sole discretion, that you are in violation of any provision of these Terms, Ensembl may suspend or terminate your use or access to the Ensembl website and/or your account without the notice to you. At all times, Ensembl shall have the discretion to take such action as Ensembl deems necessary, in its sole discretion, to preclude a violation, and Ensembl shall not be liable for any damages of any nature suffered by you or a third party resulting from Ensembl’s exercise of its rights under these Terms. You may disable access to your account at any time by sending an email to us at help@getensembl.com. Upon any termination, discontinuation or cancellation of services or your Account, the following sections will survive: User Rights and Intellectual Property Rights, Feedback, No Commercial Use, Disclaimer, Limitation of Liability, Indemnity, Applicable Laws, and General Terms.

 

General Terms

 

The Terms constitute the entire agreement between Ensembl and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Ensembl or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms 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 the remainder of the Terms shall continue in full force and effect. Ensembl’s failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.

 

Contact Us

 

If you have any questions or concerns about these Terms, you can contact us in writing at: help@getensembl.com.