Diagnostic Signature Benchmarking Activity Rules

Diagnostic Signature Benchmarking Activity Rules

Section 12 of the TERMS OF USE

Effective Date: February 24, 2014

 

12.   Diagnostic Signature Benchmarking Activity 

  • A. The Activity: This Section 12 applies to your participation in the scientific benchmarking activity (the “Activity”), as is further described in this Section and on the Site. As part of the Activity, you will be asked to download and then analyze certain data from the Site (the “Activity Data”).  To participate, you must submit an entry in response to the Activity (a “Response”) via the Site.  To be considered, the Response must include all elements described in this Section. Responses will be automatically evaluated for their scientific merit, based upon a methodology previously defined during the Diagnostic Signature Challenge (the “DSC”) and compared to the results from the DSC.
    THIS ACTIVITY IS DEEMED TO TAKE PLACE IN SWITZERLAND AND IS SUBJECT TO ITS LAWS. YOU ARE RESPONSIBLE TO ENSURE THAT YOUR PARTICIPATION IN THE ACTIVITY DOES NOT VIOLATE EITHER (1) LOCAL LAWS, REGULATIONS OR POLICIES WHICH MAY BE APPLICABLE TO YOU; (2) ANY POLICIES, REGULATIONS OR TERMS OF USE OF YOUR EMPLOYER AND/OR AFFILIATED ENTITY, INCLUDING ANY THAT RELATE TO WORKING WITH, OR OTHERWISE ENGAGING WITH A COMPANY ENGAGED IN THE MAKING, MARKETING AND/OR SELLING OF TOBACCO PRODUCTS. 
  • B. Eligibility: There is no purchase or payment necessary to enter the Activity.  This Activity is only open to (i) individuals who are eighteen (18) years or older at the time they submitted their Response; and (ii) academic or research institutions or commercial entities, in each case that provide a Response.  Each such individual or entity is referred to herein as an “Entrant”.  If an Entrant is a student, employee or is otherwise affiliated with an academic or research institution or other organization (that Entrant’s “Organization”), it is solely that Entrant’s responsibility to review, understand and abide by its Organization’s policies regarding eligibility to participate in the Activity.  THE CHALLENGE ORGANIZERS AND THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR DISPUTES ARISING BETWEEN A WOULD-BE ENTRANT AND ITS ORGANIZATION RELATED TO THIS ACTIVITY.
    This Activity is void in Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe and any other country embargoed or sanctioned from time-to-time by the United States, the European Union and/or Switzerland, and is void where prohibited by law.
    Any Entrant who fails to comply with these Terms of Use will not be eligible to participate in the Activity and the Challenge Organizers may exclude any such Entrant.  Notwithstanding the above, the Challenge Organizers reserve the right to exclude or reject any Entrant that in the Challenge Organizers’ sole suspicion, is not a bona fide participant in the Activity, for example because the Entrant is believed to be likely to tamper with the entry process, violate these Terms of Use, or act in an inappropriate, unfair or disruptive manner.
  • C. Entry Procedures: To enter this Activity, you must register with the Site, download the Activity Data, and provide a Response in accordance with this Section 12.  Each Entrant will be asked to download certain data, information and materials, including the Activity Data, as part of this Activity.  Each Entrant acknowledges and agrees that (i) such data, information and materials are owned by PM or its licensors and that, save for the licenses expressly granted below, no Entrant is in any way granted any right, license or ownership of or to the same by virtue of entering into or participating in the Activity; (ii) such Entrant will not use or disclose any such data, information and materials other than in conjunction with this Activity; and (iii) the downloading and use or execution of any software, data or information pursuant to this Activity, including the results of the comparison, is undertaken at the Entrant’s sole risk.
  • D. License to Activity Data: PM hereby grants to you, a personal, non-sublicensable, non-transferable, royalty-free license to the Activity Data to copy, distribute, transmit, display, create derivative works of, retain and use the Activity Data solely for purposes of preparing a Response to be sent to the Challenge Organizers for purposes of the Activity.  FOR AVOIDANCE OF DOUBT, ANY USE OF THE ACTIVITY DATA FOR OTHER PURPOSES, INCLUDING FOR ANY DIAGNOSTIC, MEDICAL, OR SIMILAR USE, IS STRICTLY PROHIBITED WITHOUT PRIOR AGREEMENT BY THE CHALLENGE ORGANIZERS. Moreover, any transfer of the Activity Data to anyone, is prohibited.
  • E. Timing: The Activity is offered at the sole discretion of the Challenge Organizers. The Challenge Organizers may cease to offer the Activity at any time, without prior notice.
  • F. Responses: Each Response will be automatically validated and scored if it meets all requirements specified herein and on the Site (including using any form or template for Responses provided via the Site).  Specifically, the Response must include the results generated by application of the Entrant’s methods to the Activity Data.  The Challenge Organizers will not accept any Response that fails to comply with the above. The Site may, but is not obligated to, provide the Entrant with an automatically generated notification that its Response is deficient and provide an opportunity to resolve the deficiency.  All accepted Responses shall be deemed collected exclusively in Switzerland.
  • G. Scoring: Responses will be scored on the basis of automated scoring scripts, by comparing the Responses to the actual clinical status (i.e., the disease state) of each sample used to generate the Activity Data (the “Gold Standard”).  The scoring will involve the use of a comparison algorithm to scientifically and specifically calculate the similarities and differences between a Response and the Gold Standard.  This analysis is conducted to ascertain whether the Responses are bona fide responses based on scientific analysis, or whether the similarities between the Response and the Gold Standard are due to mere luck or chance.  The scoring methodology is further described on the Site.
  • H. Ranking/Benchmarking: Following scoring, the Responses will be ranked according to their relative scores in comparison to the results and ranking of the DSC. The scoring and ranking is final and not subject to appeal, challenge or review.  BY YOUR PARTICIPATION IN THE ACTIVITY AND PROVISION OF A RESPONSE, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO CHALLENGE THE SCORING METHODOLOGY USED.
    THE RANKING AND COMPARISON PROVIDED BY THE ACTIVITY CAN ONLY BE USED BY THE ENTRANT FOR INTERNAL, SELF-ASSESSMENT PURPOSES AND DOES NOT CONSTITUTE AN ENDORSEMENT BY THE CHALLENGE ORGANIZERS (OR THEIR AFFILIATES, SUBSIDIARIES, PROMOTIONAL PARTNERS, DEVELOPERS, REPRESENTATIVES, ASSIGNS, AGENTS OR LICENSEES) OF THE ENTRANT OR ITS METHODS OR RESULTS IN ANY FASHION, INCLUDING OF THE PERFORMANCE OR QUALITY OF YOUR METHOD USED IN PREPARING YOUR RESPONSE, THE RELIABILITY OF PREDICATIONS MADE BY THE ENTRANT, OR THE ENTRANTS TECHNICAL OR SCIENTIFIC ABILITIES OR QUALIFICATIONS.  YOU MAY PUBLISH THE RANKINGS PROVIDED ONLY IN ACCORDANCE WITH PARAGRAPH P OF THIS SECTION 12.
    We may use your Response, along with its associated ranking, in aggregate with other results of the Activity and/or the DSC, in a publication on the Site or in a journal as further stated in paragraph I below.
  • I. Grant of License to Use Response and Ranking: By entering the Activity, and to the extent allowed by law, each Entrant hereby grants a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and transferable license under each Entrant’s intellectual property, moral rights, rights of publicity, and other proprietary rights to the Challenge Organizers and their affiliates, subsidiaries, promotional partners, developers, representatives, assigns, agents and licensees to: edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, transmit, publish on the Entrant’s behalf, post, broadcast, display, adapt, exhibit and/or otherwise use the Entrant’s Response and the ranking of the Entrant’s Response in aggregate with other Responses and rankings coming from the Activity and/or the DSC in any and all media, now existing or hereafter devised, in any language, for advertising, promotional, educational and scientific purposes in connection with the Activity, without further review, notice, approval, consideration, or compensation to Entrant or any third party.
  • J. Personal Information/Further Contact: Each Entrant acknowledges and agrees that the Challenge Organizers may be interested in learning more about the method used by the Entrant in preparing its Response and hereby agree and consent to the Challenge Organizer’s use of the Entrant’s contact information for this purpose. Personal information collected from any Entrant will be used in accordance with the Privacy Policy and as set out in these Terms of Use for the purpose of administering this Activity, including to record the Entrant’s access to the Activity Data and to verify its identity, address and other contact details and further might be disclosed to a third party in the cases provided in this Section.  By accepting these Activity Terms of Use and/or entering the Activity, each Entrant expressly agrees to the use of its personal information for such purpose.
    Notwithstanding the terms of our Privacy Policy, PM may provide an Entrant’s personal information to a third party without the Entrant’s further permission in the following cases: (i) the personal information of the Entrant, including its name, is widely publicized as an entity that is an Entrant who provided a Response, for the purpose of publicizing this Activity (as described in these Terms of Use); (ii) the personal information of the Entrant is disclosed to a subcontractor for the purpose of promoting this Activity or maintaining and managing the Site; or (iii)  the Entrant otherwise gives consent for the disclosure, storage and transfer of their personal information for all such purposes above.
  • K. Warranty Regarding Entrant’s Rights in its Response: Each Entrant hereby certifies that such Entrant is the sole and exclusive owner and right holder of the Response and has the right to enter the Activity and all parts of the Response are either original, or are licensed for use by the Challenge Organizers (including their affiliates and subsidiaries, employees, agents, and contractors) and each Entrant in a way that does not: (A) infringe any intellectual property rights, including without limitation, any copyright, trademark, patent, trade secret or obligations of confidentiality; or (B) otherwise violate applicable laws and regulations. Each Entrant hereby further certifies that the information such Entrant submits in connection with any Response (including in any required sign-up forms) is at all times accurate, and that it correctly represents such Entrant’s professional affiliation, experience, qualifications and ability to transact business. NOTWITHSTANDING THE REVIEW OF ANY RESPONSE BY THE CHALLENGE ORGANIZERS OR THEIR NOMINEE, EACH ENTRANT UNDERSTANDS AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF ITS RESPONSE. 
  • L. Indemnity of Challenge Organizers Relating to Response: To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Challenge Organizers and their subsidiaries, affiliates, related companies, contractors, subcontractors and suppliers and any of their employees, officers, directors, shareholders and representatives, at all times from and against any liability, claims, demands, losses, damages, costs and expenses arising out of or accruing from: (i) any act, default or omission of the Entrant and/or a breach of any warranty set forth herein; (ii) any Response or other material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, patent, trade secret, obligation of confidentiality or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (iii) any misrepresentation made by the Entrant in connection with the Activity; (iv) any non-compliance by the Entrant with these Terms of Use; (v) claims brought by persons or entities other than the parties to these Terms of Use arising from or related to the Entrant’s involvement with the Activity, including any use of the rankings coming from the Activity beyond what is expressly permitted in this Section 12; (vi) participation in this Activity; (vii) any malfunction or other problem with the Site; (viii) any error in the collection, processing, or retention of Response information; or (ix) any stealing or plagiarism, destruction, unauthorized access, or falsification of any Response.
  • M. Limitation of Liability: EACH ENTRANT ACKNOWLEDGES AND AGREES THAT NONE OF THE CHALLENGE ORGANIZERS, THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES ARE RESPONSIBLE FOR, AND THAT NONE OF THE FOREGOING SHALL BE LIABLE FOR: (I) LOST, DAMAGED, MISDIRECTED, INCOMPLETE, ILLEGIBLE, OR UNINTELLIGIBLE RESPONSES; (II) TELEPHONE, ELECTRONIC, HARDWARE, OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, OR DIFFICULTIES; (III) ERRORS IN TRANSMISSION; (IV) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF THE CHALLENGE ORGANIZERS, THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES THAT MAY CAUSE THE ACTIVITY TO BE DISRUPTED OR CORRUPTED; (V) ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND CAUSED FROM PARTICIPATION IN THE ACTIVITY, INCLUDING YOUR USE OF THE RANKINGS PROVIDED; OR (VI) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE ACTIVITY.
    EACH ENTRANT ACCEPTS AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE CHALLENGE ORGANIZERS’ NEGLIGENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE CHALLENGE ORGANIZERS, THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY RESPONSE MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY ACTIVITY-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT’S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE ACTIVITY, INCLUDING THESE TERMS OF USE.
  • N. Scientific Review: EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE CHALLENGE ORGANIZERS AND THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS DO NOT GUARANTEE IN ANY WAY THE SCIENTIFIC ACCURACY, PRECISION, SUFFICIENCY, OR THE LIKE OF THE RESULTS OF THE EXPERIMENTAL REVIEW THAT MAY BE CONDUCTED IN THE CONTEXT THIS ACTIVITY; AND (ii) THE CHALLENGE ORGANIZERS AND THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY ERRORS, AMBIGUITIES OR OTHER INACCURACIES CAUSED BY THE CHALLENGE ORGANIZERS OR THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS IN THE DESIGN, EXECUTION, SCORING OR OTHER ASPECTS OF THE ACTIVITY.
  • O. Conflicts With Other Documents or Sections: Any perceived or actual conflict between this Section and the Privacy Policy or other sections of these Terms of Use with respect to the Activity, shall be resolved in favor of this Section. 
  • P. Publications: You may publish your ranking in a scientific or academic journal only on the following conditions: (1) the publication focuses on a description of your method used in preparing your Response and mentions that it was used in the Activity; (2) the publication provides the following citations to the Activity and the Site: www.sbvimprover.com and Rhrissorrakrai K, Rice JJ, Boue S, Talikka M, Bilal E, Martin F, Meyer P, Norel R, Xiang Y, Stolovitzky G, et al. sbv IMPROVER Diagnostic Signature Challenge: Design and results. Systems Biomedicine 2013; 1:3 – 14; (3) the publication does not state or suggest that the ranking or your participation in the Activity is an endorsement by the Challenge Organizers (or their affiliates, subsidiaries, promotional partners, developers, representatives, assigns, agents or licensees) of the Entrant or its methods or results in any fashion, including of the performance or quality of your method used in preparing your Response, the reliability of predications made by the Entrant, or the Entrants technical or scientific abilities or qualifications; and (4) the Activity Data is not published.
  • Q. Assignment of Rights: PM may assign any or all of its rights or obligations under this Section.  No Entrant may assign, novate, or subcontract any of its rights or obligations under this Section without PM’s express prior written consent, which PM may deny or condition in its sole discretion.  Any purported assignment, novation or subcontract in violation of this Section shall be null and void.

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