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Terms and Conditions

Last modified / Version: 2025-03-11 09:57:47

China National GeneBank DataBase (hereinafter referred to as “platform” / “CNGBdb”) complies with the “Terms and Conditions” established by China National GeneBank. This page outlines our “Terms and Conditions” which applies to all services provided by CNGBdb.

Please read the "Terms and Conditions" carefully before using CNGBdb's services. The "Terms and Conditions", "Privacy and Security Policy" and "Data Sharing Policy" are valid contracts signed by CNGBdb and users concerning the relevant use of CNGBdb services. By accessing or using the CNGBdb website, you are deemed to have read, understood, and agreed to be bound by all the "Terms and Conditions", "Privacy and Security Policy" and "Data Sharing Policy" and then in effect. If you disagree with or cannot fully understand the "Terms and Conditions", "Privacy and Security Policy" and/or the "Data Sharing Policy", please do not use any of CNGBdb's services including the data access, search, upload, download, etc.

Users accessing and utilizing the content and services provided by CNGBdb are subject to the constraints of these “Terms and Conditions”, “Privacy and Security Policy”, and “Data Sharing Policy”, as well as all the instructions, policies, agreements, guidelines, and relevant laws and regulations of the People's Republic of China that are incorporated and referenced by CNGBdb.

Disclaimer

CNGBdb shall not bear any legal responsibility for any personal information leakage caused by you informing others of your CNGBdb account and password or sharing your registered account with others.

CNGBdb shall not bear any legal responsibility for leakage of personal information caused by the misuse or malicious use of registered accounts by other third parties.

CNGBdb only archives data that does not contain personally identifiable information. If the data information uploaded by the user carries the risk of illegal collection, usage, or disclosure of personal information, the user and their affiliated organization shall bear the legal responsibilities associated with it. CNGBdb shall not be held liable for any legal responsibilities in this regard.

If any CNGBdb users violate the “Term and Conditions” by using any personal information or materials for any purpose other than collaboration, CNGBdb shall not be liable in any way for any legal liability arising from third-party infringement.

All users acknowledge and agree that any information, data, and/or materials submitted to or published to CNGBdb, should comply with the “Regulation of the People's Republic of China on the Administration of Human Genetic Resources” and other relevant regulations and laws, and that for the form, content, and accuracy of the information, data, and/or materials, the users will bear full responsibilities.

CNGBdb will not bear any legal responsibility for the legal dispute caused by the data uploading by the Data Submitter (refers to the users who apply to submit data to CNGBdb) without the full and informed consent of the sample donor.

All CNGBdb materials are provided in the way of “what you see is what you get” without any express or implied warranties, including but not limited to the fitness for a particular purpose and/or non-infringement. Users will assume full responsibility for the risk of all content, data, or software downloaded or accessed through CNGBdb if expressly agree to use CNGBdb. CNGBdb does not represent or warrant that the information on this platform is accurate, complete, reliable, newest, or error-free.

CNGBdb strives to ensure users’ safe access and usage of the platform, but it cannot guarantee that CNGBdb or its servers are free from viruses or other harmful components. CNGBdb shall not be held liable for any damages caused by viruses.

CNGBdb reserves the right to expel any user and prevent them from further access to CNGBdb at any time due to the user’s violation of laws and regulations, and CNGBdb reserves the right to delete any information that is abusive, illegal, destructive, or inappropriate at its sole discretion without prior notice.

CNGBdb Public Data sources include CNGB, NCBI, EBI, DDBJ, Uniport, and GISAID, which also contain links to third-party databases. CNGBdb is not directly or indirectly liable for any damage or loss arising out of the use or reliance on any data, content, or services on any such database or resource, or any damage or loss associated with such use or reliance. You agree that CNGBdb does not make any express or implied guarantees for the data used in CNGBdb from external databases. When using data for scientific research, you should abide by all applicable laws and regulations, relevant scientific research norms, and ethical principles. CNGBdb shall not assume any legal responsibility due to the user’s violations of laws, regulations, scientific research norms, and ethical principles.

The collaboration reached through CNGBdb, including but not limited to sample or data sharing, the intellectual property arrangements shall be subjected to all applicable laws, regulations, and guidelines of the People's Republic of China. CNGBdb shall not bear any legal responsibility for disputes arising during the collaboration process.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DAMAGES DIRECT OR INDIRECT RELATED TO THE USE OR CAN NOT USE CNGBDB AND ITS CONTENT, WHETHER DUE TO BREACH OF CONTRACT, INFRINGEMENT(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER REASONS, REGARDLESS OF WHETHER CNGBDB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR ANY OTHER CLAIM, CNGBDB AFFILIATES, GOVERMENT, ADMINISTRATIVE STAFF, DIRECTORS, EMPLOYES, AGENTS, OR RELATIONSHIP ENTITY DO NOT ASSUME ANY INDIRECT, SPORADIC, SPECIFIC, SUBORDINATE, DISCIPLINARY OR PUNITIVE DAMAGE RESPONSIBILITY OF COMPENSATION, DO NOT ASSUME ANY DIRECT, INDIRECT, SPECIAL, SPORADIC, ASSOCIATED, AND/OR OTHER CONSEQUENTIAL LOSS.

These include:

  • Use or cannot use CNGBdb data and/or services;
  • Unauthorized access, modification, or transfer of data of other users;
  • Any third-party statements or activities on CNGBdb;
  • Any action or inaction of users based on objects or content published on CNGBdb;
  • Any other matters related to CNGBdb data or services.

These limitations shall apply regardless of whether we are aware of the possibility of such damages and even if any limited remedies fail.

Without prejudice to the limitation of liability or disclaimer in this “Terms and Conditions”, CNGBdb shall not be liable for any delay or failure caused by direct or indirect causes beyond its reasonable control, including but not limited to internet failure, power outage, computer failure, communication or other equipment’s failure, strike, labor dispute, riot, chaos, civil strife, labor or material shortage, fire, flood, storm, explosion, natural disasters, war, government action, domestic or foreign court order and non-performance of the third parties.

Except for this “Terms and Conditions”, CNGBdb does not provide any verbal or written advice, or information to constitute any warranty, representation, or assurance.

User Commitment

The user agrees and promises:

  1. The user acknowledges having thoroughly read and agrees to abide by these "Terms and Conditions." The user also commits to staying informed about any updates or revisions made to these "Terms and Conditions." The user fully comprehends the rules governing data submission to CNGBdb and the potential consequences that may arise as a result;
  2. The user ensures that all data information submitted to CNGBdb or published through CNGBdb, including any files or materials transmitted to CNGBdb, undergoes a rigorous review process to guarantee its legality, authenticity, completeness, and accuracy;
  3. The user confirms that they have obtained comprehensive and unambiguous authorization from the rights holder, granting them the right to submit, publish, provide, and manage the relevant data information through CNGBdb. The user further affirms that there are no disputes or controversies (including but not limited to intellectual property rights and data ownership) concerning the relevant data information;
  4. The data and information submitted by the user to CNGBdb or published through CNGBdb involve human genetic resources (the term “human genetic resources (HGR)” includes human genetic resources materials and human genetic resources information according to the “Regulation of the People's Republic of China on the Administration of Human Genetic Resources”. The term “HGR materials” means genetic materials such as organs, tissues, and cells that contain human genomes, genes, and other genetic substances. The term “HGR information” means information materials such as data generated from the utilization of HGR materials:
    1. The user guarantees that the source of the HGR information is legal and that all activities (including but not limited to collection, preservation, utilization, external provision, or open access of HGR information) that they have carried out or will carry out in response to the submitted data should comply with the relevant Administrative regulations on Chinese Human Genetic Resources (including but not limited to “The Regulation of the People's Republic of China on the Administration of Human Genetic Resources”).
    2. According to the relevant laws and regulation of the People's Republic of China on the administration of Chinese human genetic resources and related policies, the user who collects, preserves, utilizes, exports, or open-up HGR information should obtain relevant administrative approvals (such as the administrative license for HGR collection and preservation), and/or the registration number of prior reporting on the external provision or open use of China’s human genetic resources information (中国人类遗传资源信息对外提供或开放使用事先报告) for the external provision or open-up of HGR information with the MoST (China's Ministry of Science and Technology). If the prior report for external provision or open-up of HGR information is terminated or revoked by the MoST, the user MUST immediately notify CNGBdb (datasubs@cngb.org) on the day of termination. CNGBdb has the right to take corresponding measures (including but not limited to immediately suspending the service, terminating the service, or deleting the corresponding information, etc.) when receiving the notice or discovering the aforementioned situation through other ways.
  5. All activities related to the submission or publication of data information to CNGBdb, whether completed or intended, adhere to the laws, regulations, policies, biosecurity, and ethical principles of China and other relevant countries or regions.

By continuing to utilize any services provided by CNGBdb, the user acknowledges their full understanding and acceptance of the aforementioned commitments. In the event of any violation of these commitments or any unlawful or non-compliant actions regarding the relevant data, the user agrees to bear all legal responsibilities and any resulting losses incurred by the relevant parties. CNGBdb shall not be held liable for any legal responsibilities in such cases. Furthermore, CNGBdb reserves the right to take appropriate actions as deemed necessary, including but not limited to immediate service suspension, service termination, or deletion of relevant information.

Data Service

CNGBdb serves as a nonprofit, public service-oriented third-party data platform.

The archived data on CNGBdb adheres to the data ethics, permissions, and rights declared by global scientific research users, including intellectual property licensing permissions. When using data from other databases on CNGBdb, users must comply with the terms and conditions, data sharing policies, and other regulations of the source database. 

The samples/data resources contained within CNGBdb have been contributed or licensed by individuals, companies, or organizations and are protected by copyright laws and relevant treaties. Users must declare and ensure that they will not infringe upon the rights of any other individuals or entities, including but not limited to intellectual property rights. It is important to note that the usage of CNGBdb does not confer ownership or intellectual property rights over any content, code, data, or materials that may be accessible on the platform.

CNGBdb provides a designated email address for data administrators who handle data reviews and respond to user inquiries. CNGBdb reserves the right to reject data uploads from users if they fail to pass the data review process.

CNGBdb respects and safeguards the interests of data submitters/institutions. When submitting data to CNGBdb, submitters/institutions are required to specify the data management format (e.g., controlled or public). To honor the research accomplishments of all scientists, users must obtain approval before accessing controlled data (referring to data managed under the "controlled" format) within the database for secondary research purposes. Public data (referring to data managed under the "public" format) in CNGBdb is accessible to anyone.

CNGBdb is unable to convert the data from users once the data is released. 

Rights and Obligations of Data Submitter

Submitting data to CNGBdb does not change the ownership of the data. Data submitters retain the authority to manage the data (referred to as "data management rights"), which include but are not limited to 1) the authority to add, delete, modify, and query the submitted data; 2) the authority to grant or terminate access to the submitted data for others; 3) the authority to set or modify the data management format (data that has already been made public generally cannot be changed to an unpublished status).

For data submitted in the "public" data access manner, the Data Submitter must specify the data release time during the data submission process. For data submitted with the "controlled" data access manner, the Data Submitter must specify the metadata release time during the data submission process. According to the scientific research community agreement, if CNGBdb detects that a manuscript citing this data is published (not involving human genetic resource information), the data will be automatically released. If the data submitter explicitly refuses to release the data, the data information will be retracted from the release status. However, CNGBdb does not bear any responsibility for the impact on already published articles resulting from this decision.).

By submitting data to CNGBdb, data submitters agree that CNGBdb may perform necessary processing on the data and disclose the results of data processing (such as quality control information) to ensure data quality and facilitate data circulation.

Protection of rights of sample donors: Before submitting data, the Data Submitter must obtain informed consent from the sample donors. The data submitted by the Data Submitter must not include any personal information of the sample donors. If CNGBdb receives complaints or discovers personal information of sample donors in the data through other means, CNGBdb will promptly confirm with the Data Submitter and delete or anonymize the data to protect the personal information and privacy rights of the sample donors. If a sample donor requests the deletion of data containing their personal information, the Data Submitter is obligated to delete the relevant data uploaded to CNGBdb upon receiving the sample donor's notification.

Rights and Obligations of Users

Usage Guidelines for Controlled Data:

Data users (referring to users who submit applications for controlled data access) must comply with CNGBdb's controlled data usage guidelines when using controlled data. The guidelines include the following:

  • Submit the "Controlled Data Access Application Form" and provide a summary of the research purpose, as well as the name and affiliation of the data user;
  • Data users, along with their affiliated institutions and project collaborators, must strictly adhere to the description provided in the "Project Details" section of the "Controlled Data Access Application Form" when using the relevant controlled data. The data should only be used for the specific project stated in the application form. If the data needs to be used for other projects, a separate application must be submitted. In case the actual project circumstances differ from the description in the "Project Details" section, a written supplementary explanation should be submitted to CNGBdb (email: datasubs@cngb.org);
  • The initial duration of controlled data usage permissions granted to data users is determined by the data depositor. If an extension of the usage period is required, data users must submit a written request to CNGBdb via email, providing a detailed explanation for the extension. The written request should be signed by the data user and confirmed with an official stamp from their affiliated institution. Upon approval by the Data Submitter and CNGBdb, the usage period for controlled data will be extended as per the data Submitter agreement;
  • Protect data confidentiality;
  • Comply with all applicable national, provincial and local laws and regulations, as well as laws and regulations related to human genetic resources management and related policies;
  • Prohibit any attempts to identify the personal information of the data donors;
  • Prohibit the sale of any Controlled Data obtained from CNGBdb;
  • Prohibit any sharing of the Controlled Data with any third party except for the organization or individuals specified in the “Controlled Data Application Form”;
  • If data users provide the relevant controlled data to their affiliated institution and project collaborators according to the “Controlled Data Application Form”, the affiliated institution and project collaborators must also comply with CNGBdb's controlled data usage guidelines;
  • In all oral or written presentations, disclosures, publications, patents, and other outcomes resulting from the use of shared data through CNGBdb, users need to acknowledge the contributors of the Data Submitter or cite the CNGBdb accession number.

Usage Guidelines for Public Data：

  • Prohibit any attempts to identify the sample donor's personal information from the data;
  • In all oral or written presentations, disclosures, publications, patents, and other outcomes resulting from the use of shared data through CNGBdb, users need to acknowledge the contributors of the Data Submitter or cite the CNGBdb accession number;
  • If using data with explicit rights statements, users are responsible for obtaining permission from the rights holders before using the relevant data.

Users should immediately report any violations of CNGBdb's controlled and public data usage guidelines to CNGBdb. If a user violates the guidelines for controlled and public data usage, CNGBdb may take appropriate actions based on the circumstances, including but not limited to immediately terminating, or suspending services, or deleting relevant information.

Online service

All users are prohibited from using screen captures, data mining, robots, or similar data collection and extraction tools other than search engines to create, maintain, promote, or copy information contained on CNGBdb in their databases or any other media.

CNGBdb will use cookies to record access to the website and to collect statistical information about the user's specific access to CNGBdb and the user's preferences for the website and online services. The cookie can help you use the dynamic features of your web pages more easily. You can opt out of your browser's Cookies at any time if you don’t want to use cookies. You can still access the CNGBdb information and resources, but it may affect the functionality associated with cookies if you do not activate the Cookie.

Your web browser may produce pop-up advertisements while visiting CNGBdb. The advertisements were most likely produced by other databases you visited or by third-party software installed on your computer. When accessing CNGBdb, we do not endorse or recommend that you view third-party pop-up advertising products or services on your computer screen.

CNGBdb does not provide specific medical advice but only provides users with information to better understand their health and diagnose diseases. Please consult a professional doctor for diagnosis and answers to your personal questions.

Any comments or opinions expressed by users on CNGBdb represent only the personal views of the users and do not necessarily state or reflect the views of CNGBdb, the CNGB, or the Chinese government, nor are they used for advertising or product recognition.

In the case of users accessing CNGBdb on a temporary basis, we reserve the right to withdraw, restrict, or modify the user's access to the services available on CNGBdb at our discretion, without prior notice.

CNGBdb has taken proper technical and organizational measures to ensure the achievement of the appropriate security level.

CNGBdb fulfills its obligations to maintain network security in accordance with the law, including but not limited to unsetting malicious programs, and immediately taking remedial measures against risks such as security defects and vulnerabilities in its products and services. The platform diligently complies with regulations by promptly notifying users and reporting to the relevant regulatory authorities. There are no instances of unauthorized termination of the obligation to provide security maintenance for its products and services.

CNGBdb is committed to making all reasonable efforts to maintain the continuity of its online services and provide timely alerts for any changes or disruptions.

Intellectual property

For users who apply to use controlled data through CNGBdb and express their intention to cooperate further (except for data access which is deposited in CNGBdb), it is the user's responsibility to negotiate and sign an agreement with the Data Submitter, which should be under legal premises, to specify the costs, transfer methods, intellectual property rights allocation, and other related content. The user's aforementioned actions are unrelated to CNGBdb. The user's allocation of intellectual property rights should comply with legal regulations. If it involves international collaborative scientific research utilizing human genetic resources in China, it is also necessary to adhere to the relevant provisions regarding intellectual property rights allocation in the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources".

Users who engage in reprocessing and re-creation of controlled data from CNGBdb must seek consent from the data submitter for any subsequent intellectual property acquisition.

In all oral or written presentations, disclosures, publications, patents, and other outcomes resulting from the use of shared data through CNGBdb, users need to acknowledge the contributors of the Data Submitter, or cite the CNGBdb accession number.

Compensation

In the event of any loss arising due to the following reasons, the user agrees to promptly compensate CNGBdb affiliated institutions, governments, administrators, directors, employees, agents, or affiliated entities upon request, to exempt them from any legal liability, losses, claims, demands, disputes, damages, and payment of any form of expenses, including but not limited to attorney fees and litigation costs, arising from:

Limitations on Bringing Legal Actions Against Us: By using CNGBdb or incurring losses due to the fault of CNGBdb under the relevant terms, the user agrees that any lawsuit claims or causes of action arising from such losses must be filed within the statutory limitation period after the occurrence of the lawsuit claim or cause of action; otherwise, the user shall be deemed to have waived the related rights. During this period, our failure to enforce or exercise any provision of these terms or related rights does not constitute a waiver of such rights or provisions.

The user agrees to indemnify, protect, and hold CNGBdb harmless from any liability, losses, claims, and expenses (including attorney fees and litigation costs) incurred as a result of the user's violation of these policies.

Termination or Suspension

If CNGBdb believes that the user has violated the “Terms and Conditions” or any laws or regulations, CNGBdb may immediately terminate or suspend any user's account access to CNGBdb without notice, and CNGBdb may, at its discretion, take any further action it deems appropriate, desirable or necessary. If CNGBdb has not exercised the rights granted in these terms, it shall not be considered that it has waived this right automatically.

Modification

The CNGBdb reserves the right to modify at any time:

  • With inform in advance, content, data and information submitted by user;
  • In the case of without prior notice, the content (and services provided) on the CNGBdb website.

CNGBdb shall not be held responsible to any user or third-party for any modifications.

Applicable Law

You understand and agree that the “Terms and Conditions” are governed and bound by the laws and regulations of the People’s Republic of China, and do not implement their conflicting laws. Any disputes related to these terms and conditions should be resolved through friendly consultation between the two parties. If you have objections regarding matters such as network information security, personal information security, exercise of personal information rights, data security, etc., you may also submit a written complaint to the email address CNGBdb@cngb.org or the address of the China National GeneBank in Shenzhen. Either party has the right to file a lawsuit in a court with jurisdiction in Yantian District, Shenzhen, China.

In the event that the above terms are translated into other languages, including English, any conflicts or ambiguities shall be resolved in accordance with the Chinese version as the authoritative version.

You acknowledge and agree that monetary compensation alone is not sufficient to remedy any violation of these terms and conditions. Therefore, in the case of threatened or actual violations of these terms and conditions, we have the right to seek injunctive relief or take other preventive measures, and obtain corresponding compensation.

Severability

The provisions of the "Terms and Conditions" shall be independent with each other and the validity of each provision shall not be affected by any other invalid provision. If any provision of the "Terms and Conditions", or any part of a provision is found to be unlawful, invalid or unenforceable, the remainder shall remain in force and shall be valid. It shall replace the illegal, invalid or unenforceable provisions or part of the provisions with similar, legal, valid and enforceable provisions in the applicable law, and add them to the "Terms and Conditions".

Data and Privacy Protection

Please refer to the "Privacy and Security Policy" for CNGBdb personal information data and privacy protection.

Additional Information

If you have any questions about the use of CNGBdb or the above terms and conditions, please contact us by email: CNGBdb@cngb.org, or contact Ms. Li (Contact Number: 0755-33945586; Office Hours: Monday to Friday, excluding statutory holidays, from 9:00-13:00 and 14:00-18:00). CNGBdb will response your inquiry within 15 working days.

Updates

CNGBdb reserves the right to periodically update this “Terms and Conditions” based on relevant laws, regulations, policies, and operational and management needs of CNGBdb. Updated versions will be published on the CNGBdb official website. If you disagree with any modifications made by CNGBdb to these principles, you have the right to cease using the services provided by CNGBdb and notify CNGBdb in writing. By continuing to use our services after the updated version is published, it indicates your acceptance of the revised content.