Terms and Conditions

Terms and Conditions


China National Genebank DataBase (CNGBdb) website meets the "Terms and Conditions" made by China National Genebank. This page outlines our Terms and Conditions which applies to all services provided by CNGBdb.

Terms and Conditions Recently updated: July 2019

Please read these Terms and Conditions carefully before signing in or using the web site. Users obtain or use the content and services provided by CNGBdb, should be subject to these "Terms and Conditions" , "Privacy and Security Policy", all relevant laws, regulations and guidelines introduced by CNGBdb, and other laws and regulations of the People 's Republic of China. Please click the following link for more details on the page "Privacy and Security Policy".

If you disagree with the "Terms and Conditions" and/or the "Privacy and Security Policy", please do not use any of CNGBdb’s services including the data access, search, download etc. Your continued use of CNGBdb means that you have read and understood the "Terms and Conditions" and the "Privacy and Security Policy" and agree to be bound by all of these provisions.

Disclaimer

CNGBdb only receives data with non-identifiable personal information. If the data information uploaded by users has the risk of leaking personal information, the users and their organization units shall assume the relevant legal responsibilities on their own. CNGBdb shall not undertake any legal responsibilities.

If any user of CNGBdb violates the “Terms and Conditions”, using the user's personal data, information or materials for any purpose other than collaboration, CNGBdb shall not in any way be liable for any legal liability arising from third-party infringement.

All users should acknowledge and agree that any information, data and / or materials submitted or published by the users via CNGBdb, should comply with the latest Regulation of the People's Republic of China on the Administration of Human Genetic Resources, and that for the form, content and accuracy of the information, data and / or materials, the users will assume full responsibilities.

CNGBdb shall not assume any legal responsibility for the legal dispute caused by the data uploading by data submitter without the full and informed consent of the sample donor.

All materials in CNGBdb 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 responsibilities 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 will make every effort to ensure users to access and use the platform securely. But it does not represent or warrant that CNGBdb or other servers will be free of viruses or other harmful ingredients. CNGBdb will not be liable for any liability arising from the inclusion of viruses.

CNGBdb reserves the right to expel any user and prevent further access to CNGBdb at any time due to user 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 contains links to third party databases, 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. CNGBdb is not legally liable directly or indirectly.

Corporation between users through CNGBdb, including but not limited to sample or data source sharing, the intellectual property arrangements shall be subjected to the relevant laws, regulations and guidelines of the People's Republic of China. This platform does not assume any legal responsibility for disputes over data sharing revenue.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DAMAGES DIRECT or INDIRECT RELATED TO THE USE OR CAN NOT OF CNGBdb AND ITS CONTENT, WHETHER DUE TO BREACH OF CONTRACT, INFRINGEMENT(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER REASONS, 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 or alteration of user's transmissions or data;
  • The statement or action from any third party on CNGBdb;
  • Reliance on the objects and content published on CNGBdb;
  • Any other matters related to CNGBdb data or services.

Whether or not we are aware of the possibility of such damage, these restrictions remain applicable even if any limited remedies fail.

Without prejudice to the limitation of liability or disclaimer in this User Notice, CNGBdb shall not be liable for any delay or failure caused by direct or indirect reasons 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 the third parties do not perform.

Except for this "Terms and Conditions", CNGBdb does not provide any verbal or written advice, information to constitute any warranty, representation or assurance. CNGBdb does not provide legal advice and does not engage in any legal customer relationships.

Data Service

CNGBdb is only as a public welfare, non-profit and third-party data management platform. The data in CNGBdb are from a wide selection of sources, including nucleotide sequences, protein sequences, macromolecular structures, molecular variation, gene expression, and run data. CNGBdb endeavors to ensure that the information available on our Web database to all.

The data archived by CNGBdb will follow the data ethics, authority and rights constraints declared by global research users, including but not limited to “Knowledge Sharing”(Creative Commons(CC) Agreement). For data in CNGBdb from public source, users need to follow the respective Terms and Conditions of these external databases, data sharing policies, etc.

Sample / data sources in CNGBdb contributed or licensed by individuals, companies, or organizations are protected by copyright law and relevant regulations Data submitters are required to represent or warrant that they would not infringe the rights of any other person or entity, including but not limited to intellectual property. The use of CNGBdb does not grant you ownership or intellectual property rights in any content, code, data, materials that you may access on the platform

The data administrator email (datasubs@cngb.org) of CNGBdb is responsible for handling data reviews and replying to users’ consulting. CNGBdb reserves the right to refuse uploading data for users if the data review fails. More details subjects to the data administrator’s email reply.

CNGBdb is unable to convert the public data to the controlled data or take back data from other users once the data is released after the disclosure date. CNGBdb can only delete the data stored on the platform according to the user’s requirements.

CNGBdb respects and protects the data submitters'/organizations' interests. When submitting data to the designated databases of CNGBdb, the submitters/organizations must determine the data control scope (fully controlled, partially controlled, and fully open, etc.). In order to respect the findings and results of all researchers, users must get approval for controlled data before accessing and using it for secondary research. Any user can access open access data publicly on CNGBdb.

1) Rights and Privacy Protection of Sample Donors

  • For the purpose of protecting the rights and privacy, the sample donors have the right to withdraw their data. If the sample donors want to withdraw the data, firstly they need to contact the data submitter and request the data submitter to delete the related data.
  • Data submitted by submitters cannot include any information that can identify the sample donors. If we review the submitted data and find donors identifying information, we will confirm data information with data submitters immediately, and try to delete or anonymize data to protect the donors' privacy.
  • Before submitting data to CNGBdb, data submitters need to acquire fully Informed Consent from sample donors.

2) Rights of Data Submitters

  • The data submitters have the right to add, delete, update and view the data.
  • The data submitters have the right to authorize or terminate the access of the data they submitted. When submitting data to CNGBdb, it needs to set data release time or data control type.
  • The data submitters have the right to declare patents, copyrights or other intellectual property rights in all or part of the data.

3) Rights and Obligations of Data Users

Controlled data usage specification:

Users are required to submit applications to the CNGB Data Access before using the controlled data. When setting open access for data involved with human genetic resources to data applicants, Data Access Committee (DAC) about this project have to submit the data to the Science and Technology Administrative Department of the State Council for approval and filing number. After authorized by DAC, CNGBdb authorizes the user to access or download controlled data.

Users who are authorized the usage of controlled data can download the data and must comply with the CNGBdb controlled data usage Terms and Conditions. These include:

  • Use data in approved studies only;
  • Protect data confidentiality;
  • Comply with all applicable national, provincial and local laws and regulations, as well as relevant institutional policies and procedures from organizations that manages the human data;
  • Prohibit any attempts to identify the personal information of the data submitters;
  • Prohibit the sale of any data obtained from CNGBdb;
  • Prohibit any sharing of the controlled data with people who have no the authorized access request;
  • Agree to list the summary of the research use of the authorized users, the name and organization of the researchers;
  • In all oral or written presentations, disclosures, or publications, the original research contributors, funding organizations, and specific CNGBdb numbers must be referenced.

Public Data usage specification:

  • Prohibit any attempts to identify the submitter's personal information from the data;
  • Prohibit the sale of public data acquired from CNGBdb database
  • CNGBdb numbers must be referenced in all oral or written presentations, disclosures, or publications, the original research contributors, funding organizations, and specific.

For the data stated rights clearly, data user shall get approval from rights holder before using.

When finding any acts in violation the Terms and Conditions of data usage (public data and controlled data), please report to CNGBdb immediately. If data user violates the Terms and Conditions of data usage (public data and controlled data), CNGBdb will take appropriate measures.

Online service

Except for search engines, any use of screen capture, data mining, robots or similar data gathering and extraction tools on this database should be strictly prohibited. Without our explicit permission, users are not allowed to create, maintain, implement or reproduce information from CNGBdb to their own databases or any other media.

CNGBdb will use Cookie 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. Cookie can help you use the dynamic features of your web pages more easily. You can opt out of your browser's Cookie at any time if you dislike to use Cookie. You can still access the CNGBdb information and resources, but may affect the functionality associated with the Cookie if you do not activate the Cookie.

Your Web browser may produce pop-up advertisements during visiting our Web database. The advertisements were most likely produced by other databases you visited or by third party software installed on your computer. CNGBdb does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our site.

It is not the intention of CNGBdb to provide specific medical advice, but rather to provide users with information to better understand their health and their diagnosed disorders. Specific medical advice will not be provided, and CNGBdb urges you to consult with a qualified physician for diagnosis and for 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.

Access to the database is permitted on a temporary basis and we reserve the right to withdraw, restrict or amend the service we provide on the database or part of the database without notice.

CNGBdb has taken proper technical and organizational measures to ensure the achievement of the appropriate safety 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 informs the user in a timely manner according to the regulations and reports to the relevant competent authorities, and there is no act of arbitrarily terminating the obligation to provide security maintenance for its products and services.

CNGBdb will make every reasonable effort to maintain continuity of online services, and provide a warning of any change or discontinuity.

Compensation

The user agrees to indemnify the database affiliate, government, manager, director, employee, agent or associated entity immediately after receiving the request to avoid all liability, loss, claims, disputes, damages and payment of any form of fee, including but not limited to attorneys' fees and costs for the following reasons:

  • You violate the relevant terms ("Terms and Conditions" and "Privacy and Security Policy");
  • You infringe any intellectual property rights or other rights of any person or entity;
  • Any other liability as a result of your use of the Site.

Restrictions on litigation filed with us: The user agrees that a claim or cause of action of the loss due to the use of the database or due to the relevant terms and the database has a fault must be made after the occurrence of the claim or cause of action within the legal statute of limitations. Otherwise it will be regarded as the user default to give up the relevant rights. During this period, if we fail to enforce or exercise any of these provisions or related rights, it does not mean that we have waived the right or provision.

Users agree to indemnify, protect and hold us from any liability, loss, claim and expense (including legal fees and legal fees incurred as a result of user's breach of these Terms and Conditions).

Termination or Suspension

If the database considers that the user has violated the "Terms and Conditions" or violated any laws or regulations, the database reserves the right to terminate or suspend any user's account. The database has right to take further action as it deems appropriate, desirable or necessary, including the deletion of any material that it considers to be insulting, illegal, destructive or inappropriate and retains the right to take further legal action. If the database has not exercised the rights under this clause, it shall not be deemed to have automatically waived this right.

Modification

The database reserves the right to modify at any time:

  • With inform in advance,content, data and information by user submitted at any time;
  • In the case of without prior notice, the content and the services of the database.

The database is not responsible to any user or any third party for any such modification.

Applicable Law

You understand and agree that these "Terms and Conditions" are governed and construed in accordance with Chinese laws and regulations. Any legal action relating to this agreement shall be in the court that jurisdiction belongs to Shenzhen, China.

If these Terms and Conditions are translated into other languages include English, any conflict or ambiguity shall prevail in Chinese version of Terms and Conditions.

You acknowledge and agree that a separate indemnity do not have remedy any breach of these "Terms and Conditions". Therefore, we have the right to apply for a prohibition or other measures to stop the action that threatens or actually violates these Terms and Conditions and receive appropriate compensation.

Complete Agreement

These Terms and Conditions constitute the entire agreement between the user and the database regarding the user's use of the Site and supersedes and surpasses all other communications (whether written or oral), discussions, letters and contracts relating to such matters.

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. The implementation of similar provisions in lieu of illegal, invalid or unenforceable provisions should be added 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.

Extra Information

If you have any questions about the above terms of use, please contact us by email: CNGBdb@cngb.org.