|
Terms of Use Last updated: November 29, 2011
The www.themakingsofme.com™ website is composed and operated by Mapme Ltd. and/or its affiliates. Collectively these will be noted as Mapme (“Mapme”).
The www.themakingsofme.com (“Mapme”) website use is offered to you on the condition that you accept these Terms of Use, without modification of the terms, conditions, and notices herein. User's use of the website constitutes acceptance of all these terms, conditions, and notices.
Privacy Policy and Protection of Personal Information To view the Privacy Policy and our policies regarding the protection of and use of user's personal information, please visit the themakingsofme.com website's Privacy Policy link.
The nature of our service THIS WEBSITE AND ITS SERVICES ARE FOR RECREATIONAL AND INFORMATIONAL PURPOSES ONLY. We do not provide medical advice. Users are responsible for seeking medical advice from their own physicians. Our service is dependent on samples mailed to us by the user. The accuracy of a mail-in genetic test is dependent on information and material provided by the end user. Contamination with foreign DNA is always a risk in any genetic test. When submitting the DNA sample, it is important to note that DNA may commonly be corrupted by outside particles, such as third parties that were present or common household dust particles. In such a case Mapme will request that it be resubmitted by the user incurring only shipping and handling expenses.
Table of Contents 1. Definitions 2. Use of the Services 3. User Submissions 4. Third-Party Providers and Links 5. Proprietary Rights and Intellectual Property Rights 6. Website Disclaimers and Liability Limitations 7. DMCA Notifications of Claims of Infringements 8. Confidentiality 9. Terms and Termination
10. General Provisions 1. DEFINITIONS
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Services" means the online, Web-based applications and platform provided via www.themakingsofme.com and/or other designated websites, including associated offline components but excluding Third Party Applications.
"Third-Party Applications" means online, Web-based applications and offline software products that are provided by third parties and interoperate with the Services, and are identified as third-party applications, including but not limited to those listed on themakingsofme.com.
"Users" means individuals who use of the website and/or are authorized by the user to use the Services, and who have been supplied user identifications and passwords by us. Users may include but are not limited to user's employees, consultants, contractors, companies and agents; or third parties.
"We," "Us" or "Our" means Mapme Ltd. and/or its affiliates and/or legal entities contracting with Mapme.
"You" or "Your" means the user, the company or other legal entity for which the user is accepting this Agreement and affiliates of that company or entity.
"Your Data" means all electronic data or information submitted by you for the Services.
2. USE OF THE SERVICES We shall: (i) provide to you basic support for the Services, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give at least 8 hours notice via the website), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, war, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays, (iii) provide the Services only in accordance with applicable laws and government regulations.
You shall (i) use the Services only in accordance with these Terms of Use and applicable laws and government regulations., (ii) be solely responsible for the accuracy, quality, integrity and legality of your data and of the means by which you acquired your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use.
No resale of our services is allowed.
User Account, Password, Security and Use Restrictions: The themakingsofme.com website is an account-based service. You are responsible for maintaining the privacy of your account and password. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. Mapme is not liable for any loss that may occur due to the unauthorized use of your account or password.
Personal, Non-Commercial and Commercial Use Limitation: Unless direct written consent from Mapme has been received, the Website and its services are to be used solely for your own personal and non-commercial use. You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, software, products or services obtained from Mapme. Mapme reserves the right to refuse service or use of its products or services to anyone, for any reason and at anytime, as it deems necessary.
Illegal and Prohibited Usage: Part of your agreement with Mapme is that you will NOT use the themakingsofme.com website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Mapme. You agree that all information provided by you is true. You may NOT use the Mapme website in a manner which could/may damage, disable, overburden, or impair any aspect of the themakingsofme.com website or the network or networks connected to the themakingsofme.com website, or may interfere with any other party's ability to use or enjoy the themakingsofme.com website. Any unauthorized attempts to gain access to the themakingsofme.com website, or other individual accounts, or any computer systems or networks connected to any Mapme website, through any means, including; hacking, password mining, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the Mapme website. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Mapme to liability. Mapme may delete, remove or destroy any such material at Mapme's sole discretion.
3. USER SUBMISSION Any non-personal material, information or other communication you transmit or post to this Website (“Non-Personal Communications”) will be considered non-confidential and non-proprietary. Mapme will have no obligations with respect to the Non-Personal Communications. By sending Non-Personal Communications to Mapme, you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to copy, disclose, distribute, incorporate into other materials and otherwise use the Non-Personal Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Mapme to liability. Mapme may delete, remove or destroy any Non-Personal Communications in Mapme’s discretion that it believes in its sole discretion may be illegal or expose Mapme to liability or objectionable for any other reason.
4. THIRD-PARTY PROVIDERS AND LINKS Any other acquisition by you of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of data between you and any third-party provider, is solely between you and the applicable third-party provider. We do not warrant, endorse or support any third-party products or services, whether or not they are designated by us as “certified.” No purchase of third-party products or services is required to use our Services. If you install or enable Third-Party applications for use with our services, you acknowledge that we may allow providers of those Third-Party applications to access Your Data as required for the interoperation of such Third-Party applications with the Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party application providers.
5. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY Reservation of Rights: Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Restrictions: You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
Ownership of Your Data: As between us and you, you exclusively own all rights, title and interest in and to all of Your Data.
Waiver of Rights: You agree to grant to Mapme a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Mapme (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive all rights, legal, moral or otherwise, in any such materials and information, and you hereby warrant that any such materials and information originate with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Mapme for any alleged or actual infringement or misappropriation of any proprietary right in your public communication.
Operation: Mapme reserves complete and sole discretion with respect to the operation of themakingsofme.com website. Mapme may, among other things: (a) delete communications between members if it has not been accessed by a User within the time established by Mapme policies; (b) make available to third parties information relating to Mapme and Users; and (c) withdraw, suspend or discontinue any functionality or feature of Mapme. Mapme assumes no responsibility or liability for any content or activity, unlawfully perpetrated by the user at any time on Mapme’s website.
Mapme may, at its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. Mapme will not review the contents of email except as required or allowed by applicable law or legal process.
Website Content: All content, including, but not limited to, the descriptions, information, flash files, artwork, text, images, animations, video, audio, logo, slogans, pictures and media files, (collectively, “Website Content”) contained on themakingsofme.com is owned or controlled by Mapme and is protected by worldwide copyright and trademark laws. You may access and use the Website Content only for personal, non-commercial purposes. You may not use, change, copy, publish, sell, post, transmit or distribute any Website Content for any other purpose, without Mapme’s express written consent.
Please respect our intellectual property rights. Any personal usage or reprint of our materials must include all copyright, trademark and any other proprietary notices reflecting Mapme’s exclusive ownership of said content. We expressly do not provide any rights or licenses to you as a user of our website and Mapme retains exclusive worldwide intellectual property rights to all its materials.
MAPME PROVIDES ALL INFORMATION FOR RECREATIONAL PURPOSES ONLY. NO PROVIDED INFORMATION OR RESULTS ARE INTENDED IN ANY WAY TO PORTRAY ANY MEDICAL OPINION, CONSULT, ADVICE, PROGNOSIS, CONCLUSION, ANALYSIS, CARE, PRACTICE OR RECOMMENDATIONS.
Copyright: The entire contents of themakingsofme.com website are copyrighted as a collective work under international copyright laws. Mapme holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of Mapme solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Mapme.
Other Sites: You are encouraged to use discretion while browsing the Internet on searches initiated at Mapme. Mapme links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Mapme and information providers make no representations concerning any effort to review all of the content of sites linked from its website.
Review of Postings and Uploads: Mapme does not and cannot review all communications and materials posted or uploaded to Mapme and are not responsible for the content of these communications and materials. However, Mapme reserves the right to block or remove communications or materials that it determines, upon being made aware of any matters it deems inappropriate, and at its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Mapme.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR INSTRUCTION NOR THE OPINION OF ANYONE IN ANY WAY AFFILIATED WITH MAPME OR ITS INFORMATION PROVIDERS, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER STAFF AND AGENTS.
Mapme’s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, Bulletin boards ("BBSs") and other matters are available and/or will be made available online. Mapme reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. The discretion of Mapme or any of its agents to review, modify, or delete information as forum manager is not an assumption of responsibility or liability for any content or activity, lawful or otherwise, occurring at any time on Mapme, nor should that discretion be read to imply any such assumption. Mapme assumes no responsibility or liability for any content or activity, lawful or otherwise, occurring at any time on Mapme.
You are responsible for your communications and your use of Mapme. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to Mapme with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use Mapme to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which users or other Internet users need to respond (except as otherwise expressly permitted by Mapme; (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or Mapme; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or Mapme; (m) use Mapme in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to Mapme the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by Mapme); (o) falsely purport to be an employee or agent of Mapme (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of Mapme, in a manner that is contrary to applicable law or regulation.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE AND YOUR CONFIDENTIAL INFORMATION ( INCLUDING, WITHOUT LIMITATION, ANY DISPUTE REGARDING YOUR USAGE OF ANY THIRD PARTY LINKS, OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT YOU SEND TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS, ANY OF OUR POLICIES, OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. ALL GENETIC SAMPLES MUST BE SUBMITTED IN ACCORDANCE WITH OUR TERMS OF USE AND PRIVACY POLICIES AND WILL BE PROCESSED ACCORDING TO OUR SERVICE AGREEMENT WITH YOU. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. 6. WEBSITE DISCLAIMERS AND LIABILITY LIMITATIONS Your use of our website or any of the information, links, products or services offered on this Site (collectively, the "Services") is subject to these Terms of Use. The themakingsofme.com website, at its sole discretion, may change the Terms of Use, conditions and operation of this website at anytime without specific and personal notice to you. By using this Site and/or any of its Services, you agree to these Terms, including any modifications we make, and further waive any rights or claims you may have against us.
7. DMCA Notifications of Claims of Infringement If you believe that your work has been copied on our website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at our “Contact Us” page.
Please provide our Agent with the following Notice:
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
8. CONFIDENTIALTY As provided in the "Privacy Policy". Without limiting the above, we shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by you, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters.
9. TERMS AND TERMINATION This Agreement commences on the date you access this website and continues until terminated.
10. GENERAL PROVISIONS Software Malfunction or Website Interruption: Mapme will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the website or its services. You agree to defend, indemnify and hold harmless Mapme, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the site.
Jurisdiction: This Website is designed and maintained by Mapme from its offices in Jerusalem, Israel. Mapme makes no representations that materials in this Website are appropriate or available for use in other locations and those who choose to access this Website from other locations are solely responsible for compliance with any and all local laws to the extent local laws apply.
In particular, you should not construe anything on this Website as a promotion or solicitation for any product or use of any product that is not authorized by the laws and regulations of the place where you are located. No information or content from this Website may be downloaded, exported or re-exported, and no product purchased through this Website may be exported or re-exported, into (or to a national or resident of) any countries that are subject to export restrictions.
By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of Israel, and jurisdiction shall be given exclusively to the courts of Jerusalem. You may not use this website if law prohibits you from doing so in the country in which you reside. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
Agreed Statute of limitations: Any cause of action or claim you may have with respect to Mapme must be commenced within one (1) year after the claim or cause of action arises.
No implied waiver: Mapme's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Mapme may assign its rights and duties under this Agreement to any party at any time without notice to you.
Notices: Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.
Notices should be addressed to: Mapme, Ltd. Attn: Manager Contact us via email at our “Contact Us” page
Computer Fraud: Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the site.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Entire Agreement: This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit, addendum shall prevail.
Termination/ Access Restriction: These Terms of Use constitute the entire agreement between this site and you with respect to your use of this website. We may immediately terminate any user's access to or use of the site due to such user's breach of these Terms of Use or other unauthorized use of the site. Modification of Terms of Use and Fees: We reserve the right to change the terms, notices, and conditions of services, of the Mapme website, including but not limited to, the services/sites offered, and the charges that you may incur in the future. It is solely your responsibility to regularly review these Terms of Use and the other Policies of the Mapme website, to ensure you are up to date with all the terms, conditions, and charges, associated with Mapme. Your continued use of the Mapme website, signifies your consent and agreement to all Mapme policies, terms, conditions, and notices. We reserve the right to add, modify or otherwise update the Terms of Use at any time and in our sole discretion. Modification notices will not be emailed out. It is your responsibility to check the updated date of this policy to review any revisions or modifications.
Contact Information: If you have questions or concerns regarding these terms, you should email Mapme at our “Contact Us” page.
|
Customers are Talking
The Science Behind the Geneometer
