TERMS OF USE
Last update: November 2023
This page provides you with information about us and the legal Terms and conditions that govern how you use the platform.
We update these Terms from time to time. Therefore, we recommend that you check these Terms every time you want to participate in a study to ensure that you understand the Terms that will apply at that time.
We update these Terms from time to time. Therefore, we recommend that you check these Terms every time you want to participate in a study to ensure that you understand the Terms that will apply at that time.
TERMS OF USE Last updated April 2, 2024
We are OASYS NOW (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in the Netherlands at Huis Te Landelaan 210, Rijswijk, Zuid-Holland 2283, SL
Our VAT number is NL862450780B01We operate the website https://www.oasysnow.com (the ‘Site’), the mobile application OASYS NOW application (the ‘App’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).AGREEMENT TO OUR LEGAL TERMSWe empower citizens and patients to take control over their DNA and health data and connect them with relevant research via our privacy-by-design platform. We provide various services including genetic data uploading and HER import into personal data vaults. We act as an intermediary between Researchers who need data, and individuals like you who supply the data for research. You can contact us by phone at (+31)0636223299, email at info@oasysnow.com, or by mail to Molengraaffsingel 12, Delft, Zuid-Holland 2629 JD, Netherlands. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and OASYS NOW, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updated. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any advised Legal Terms by your continued use of the Services after the date such revised Legal Teams are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
1. OUR SERVICES 4
2. INTELLECTUAL PROPERTY RIGHTS 4
3. USER REPRESENTATIONS 6
4. USER REGISTRATION 7
5. PROHIBITED ACTIVITIES 7
6. USER GENERATED CONTRIBUTIONS 9
7. CONTRIBUTION LICENSE 10
8. MOBILE APPLICATION LICENSE 11
9. SOCIAL MEDIA 12
10. SERVICES MANAGEMENT 13
11. PRIVACY POLICY 13
12. TERM AND TERMINATION 13
13. MODIFICATIONS AND INTERRUPTIONS 14
14. GOVERNING LAW 14
15. DISPUTE RESOLUTION 14
16. CORRECTIONS 14
17. DISCLAIMER 14
18. LIMITATIONS OF LIABILITY 15
19. INDEMNIFICATION 15
20. USER DATA 16
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES 16
22. MISCELLANEOUS 16
23. MEDICAL DISCLAIMER 17
24. CONTACT US 17
OUR SERVICES The infromation provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where sich distribution or use would be contrary to law or regularion or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. INTELLECTUAL PROPERTY RIGHTS Our Intellectual PropertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Stated and around the world. The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only. Your use of our ServicesSubject to your compliance with these Legal Terms, including ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access. Solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsover, without our express prior written permission.
If you with to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our legal terms, please address your request to: info@oasysnow.com. If we ever gran you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or propietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your Submissions and contributionsPlease review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectural property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemintation for any lawful purpose, commercial or otherwise, without ackowledgment or compensation to you. Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish,, distribute, or broadcast content and materials to us or throufh the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that contributions may be viewable by other users of the Services. When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and lices to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative workd of, or inciportate into other works, your Contributions, and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You are responsible for what to post or upldoad: By sendind us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any sch Submission and /or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned tights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this sections, (b) any third party’s intellectural property rights, (c) confidentiality obligations, (d) any contractual obligation, or (e) applicbale law. We may remove or edit your Content: Althought we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promtply update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If your account is suspended, you will have thirty (30) business days to resolve the issue that led to the suspension. If we do not receive a satisfactory response from you within thirty (30) business days, we may delete your account at our sole discretion.USER REGISTRATION
Registration and Account Security
In order to access certain features of the Services, you may be required to register for an account.
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account.
We reserve the right to remove, reclaim, or change a username you select if we deem it inappropriate, obscene, or otherwise objectionable in our sole discretion.
Password Management
We strongly recommend that you:
Use multi-factor authentication (MFA) to enhance your account security. (We are not responsible for the implementation of MFA).
Avoid reusing passwords across different services.
Utilize strong password generation systems to create secure passwords.
PROHIBITED ACTIVITIESYou may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: Systematically retireve data or other content form the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disperage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsisten with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other propietrary rights notice form any Content.
Attempt to impersonate another user or person or use the username of another user.
Uploas or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanism’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disasseble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Make any unauthorised use of the Sertives, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile. USER GENERATED CONTRIBUTIONSThe Services may invite you to chat, contribute to, or participate in blogs, message boards, online forume, and other fucntionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publush, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and throufh third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-propietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public displya, or performance, and the accessing, downloading, or copying of you Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, lebellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do nor ridicule, mock, disperage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people).
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. CONTRIBUTION LICENSEBy posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of you social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur iin any media formats and through any media channels. This licence willl apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company nade,, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other propietrary rights associated with your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretions, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.MOBILE APPLICATION LICENSE Use License If you access the Services via the App, thenw e grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any propietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generatiing endeavour, commercial enterprise, or other purpose for which it is not designeted or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or inderectly, competitive with or in any way substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; (9)use any propietrary information or any of our interfaces or our other intellectual property in design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App. Apple and Android DevicesThe following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable alw, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, eg.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof. SOCIAL MEDIA As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either” (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the appllicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By grnating us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network content’) so that it is available on and through the Services via your account, iincluding without limitation any friend list and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Account you choose and subject to the privacy settings that you have set in such Third-Party Account may be available on through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network content may no longer be available on and through the Services. You will have the ability to diable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOT THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS I GOVERNED SOLELY BY YOUR AGREEMENT)S_ WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email adress book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact infromation below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SERVICES MANAGEMENTWe reserve the right, but not the obligation, to (2) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violated the law or these Legal Terms, including without limitation, reporting such user to alw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property to facilitate the proper funcitoning of the Services.
PRIVACY POLICY We care about data privacy and security. Please review or Privacy Policy: http://www.oasysnow.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Services, you are transferring your data to the Netherlands, and you expressely consent to have your data transferred to and processed in the Netherlands.
TERM AND TERMINATIONThese Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICBALE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injustive redress.
MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to your or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perfom maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have not liability whatsoever for any loss, damage, or inconvinience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW These Legal Terms are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods in expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. OASYS NOW and yourself both agree to submit to the non-exlusive jurisdiction of the courts of the Netherlands, which means that you may take a claim to defend your consumer property rights in regards to these Legal Terms in the Netherlands, or in the EU country in which you reside.
DISPUTE RESOLUTIONThe European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our attention, please contact us.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissons and to change or update the information on the Services at any time, wihtout prior notice.
DISCLAIMERTHE SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITED OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFROMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERCIVES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRASMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUATANTEE, OR ASSUME REPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENT BE LIABLE TO YOUR OR ANY THIRD FOR ANY DIRECT, INDIRECT, CONSQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmeless, including our subsidiaries, affiliates, and all of our respective, officers, agents, partners, and employees, from and against any loss, damage, liablity, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Legal Terms; (4) any breach of your representation and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other use of the Service with whom you connect via the Services. Notwithstanding the foreging, we reserve the right, at your expense, to assume the exclussive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify your of any such claim, action, or proceeding which is subject to this indemnification upon becoming awaring of it.
USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing the perdormance of the Services, as well as data relation to your use of the Services. Although we perform regular routine backups of data, your are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES Visiting the Services, sending us emails, and completing online form constitue electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regultions, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUSThese Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or faliure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these These Legal Termsis determined to be unlawful, boid, or unenforceable, that provision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
MEDICAL DISCLAIMER
You should not rely on the information provided on the site or platform as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You are encourtaged to seek professional medical diagnosis and treatment for any medical condition, and to discuss information about the site or platform with uour healthcare provided. Information provided on the site and platform is provided for informational purposes and is in no way intended to substitute consulting a medical professional. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of something you may have read on the site or paltform. Do not use the site or platform for emergency medical needs. Your use of information provided on the site or platform is solely at your own risk. Nothing stated or posted on the site or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Results generated from our database are not, and should not be considered as, medical advice. We do not favor or endorse any specific tests, studies, protocols, treatments, physicians, procedures, opinions, products or other information that may appear on the site or paltform or on links reached thorugh the site or platform. If you rely on any of the information provided by the site or platform, you do solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical trials or any injury resulting there from. Studies presented on the site or platform may not be approved by the participating medical center’s institutional review board, may be cancelled, or may not be enrolling patients.
CONTACT US In order to resolve a complaint regarding theServices or to receive further information regarding use of the Services, please contact us at: OASYS NOW
Molengraaffsingel 12
Delft, Zuid-Holland 2629 JD
Netherlands
Phone: (+31)0636223299TERMS OF USE Last updated April 2, 2024
We are OASYS NOW (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in the Netherlands at Huis Te Landelaan 210, Rijswijk, Zuid-Holland 2283, SL
Our VAT number is NL862450780B01We operate the website https://www.oasysnow.com (the ‘Site’), the mobile application OASYS NOW application (the ‘App’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).AGREEMENT TO OUR LEGAL TERMSWe empower citizens and patients to take control over their DNA and health data and connect them with relevant research via our privacy-by-design platform. We provide various services including genetic data uploading and HER import into personal data vaults. We act as an intermediary between Researchers who need data, and individuals like you who supply the data for research. You can contact us by phone at (+31)0636223299, email at info@oasysnow.com, or by mail to Molengraaffsingel 12, Delft, Zuid-Holland 2629 JD, Netherlands. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and OASYS NOW, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updated. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any advised Legal Terms by your continued use of the Services after the date such revised Legal Teams are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
1. OUR SERVICES 4
2. INTELLECTUAL PROPERTY RIGHTS 4
3. USER REPRESENTATIONS 6
4. USER REGISTRATION 7
5. PROHIBITED ACTIVITIES 7
6. USER GENERATED CONTRIBUTIONS 9
7. CONTRIBUTION LICENSE 10
8. MOBILE APPLICATION LICENSE 11
9. SOCIAL MEDIA 12
10. SERVICES MANAGEMENT 13
11. PRIVACY POLICY 13
12. TERM AND TERMINATION 13
13. MODIFICATIONS AND INTERRUPTIONS 14
14. GOVERNING LAW 14
15. DISPUTE RESOLUTION 14
16. CORRECTIONS 14
17. DISCLAIMER 14
18. LIMITATIONS OF LIABILITY 15
19. INDEMNIFICATION 15
20. USER DATA 16
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES 16
22. MISCELLANEOUS 16
23. MEDICAL DISCLAIMER 17
24. CONTACT US 17
OUR SERVICES The infromation provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where sich distribution or use would be contrary to law or regularion or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. INTELLECTUAL PROPERTY RIGHTS Our Intellectual PropertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Stated and around the world. The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only. Your use of our ServicesSubject to your compliance with these Legal Terms, including ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access. Solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsover, without our express prior written permission.
If you with to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our legal terms, please address your request to: info@oasysnow.com. If we ever gran you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or propietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your Submissions and contributionsPlease review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectural property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemintation for any lawful purpose, commercial or otherwise, without ackowledgment or compensation to you. Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish,, distribute, or broadcast content and materials to us or throufh the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that contributions may be viewable by other users of the Services. When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and lices to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative workd of, or inciportate into other works, your Contributions, and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You are responsible for what to post or upldoad: By sendind us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any sch Submission and /or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned tights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this sections, (b) any third party’s intellectural property rights, (c) confidentiality obligations, (d) any contractual obligation, or (e) applicbale law. We may remove or edit your Content: Althought we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promtply update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If your account is suspended, you will have thirty (30) business days to resolve the issue that led to the suspension. If we do not receive a satisfactory response from you within thirty (30) business days, we may delete your account at our sole discretion.USER REGISTRATION
Registration and Account Security
In order to access certain features of the Services, you may be required to register for an account.
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account.
We reserve the right to remove, reclaim, or change a username you select if we deem it inappropriate, obscene, or otherwise objectionable in our sole discretion.
Password Management
We strongly recommend that you:
Use multi-factor authentication (MFA) to enhance your account security. (We are not responsible for the implementation of MFA).
Avoid reusing passwords across different services.
Utilize strong password generation systems to create secure passwords.
PROHIBITED ACTIVITIESYou may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: Systematically retireve data or other content form the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disperage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsisten with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other propietrary rights notice form any Content.
Attempt to impersonate another user or person or use the username of another user.
Uploas or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanism’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disasseble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Make any unauthorised use of the Sertives, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile. USER GENERATED CONTRIBUTIONSThe Services may invite you to chat, contribute to, or participate in blogs, message boards, online forume, and other fucntionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publush, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and throufh third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-propietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public displya, or performance, and the accessing, downloading, or copying of you Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, lebellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do nor ridicule, mock, disperage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people).
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. CONTRIBUTION LICENSEBy posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of you social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur iin any media formats and through any media channels. This licence willl apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company nade,, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other propietrary rights associated with your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretions, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.MOBILE APPLICATION LICENSE Use License If you access the Services via the App, thenw e grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any propietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generatiing endeavour, commercial enterprise, or other purpose for which it is not designeted or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or inderectly, competitive with or in any way substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; (9)use any propietrary information or any of our interfaces or our other intellectual property in design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App. Apple and Android DevicesThe following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable alw, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, eg.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof. SOCIAL MEDIA As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either” (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the appllicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By grnating us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network content’) so that it is available on and through the Services via your account, iincluding without limitation any friend list and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Account you choose and subject to the privacy settings that you have set in such Third-Party Account may be available on through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network content may no longer be available on and through the Services. You will have the ability to diable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOT THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS I GOVERNED SOLELY BY YOUR AGREEMENT)S_ WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email adress book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact infromation below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SERVICES MANAGEMENTWe reserve the right, but not the obligation, to (2) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violated the law or these Legal Terms, including without limitation, reporting such user to alw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property to facilitate the proper funcitoning of the Services.
PRIVACY POLICY We care about data privacy and security. Please review or Privacy Policy: http://www.oasysnow.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Services, you are transferring your data to the Netherlands, and you expressely consent to have your data transferred to and processed in the Netherlands.
TERM AND TERMINATIONThese Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICBALE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injustive redress.
MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to your or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perfom maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have not liability whatsoever for any loss, damage, or inconvinience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW These Legal Terms are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods in expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. OASYS NOW and yourself both agree to submit to the non-exlusive jurisdiction of the courts of the Netherlands, which means that you may take a claim to defend your consumer property rights in regards to these Legal Terms in the Netherlands, or in the EU country in which you reside.
DISPUTE RESOLUTIONThe European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our attention, please contact us.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissons and to change or update the information on the Services at any time, wihtout prior notice.
DISCLAIMERTHE SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITED OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFROMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERCIVES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRASMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUATANTEE, OR ASSUME REPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENT BE LIABLE TO YOUR OR ANY THIRD FOR ANY DIRECT, INDIRECT, CONSQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmeless, including our subsidiaries, affiliates, and all of our respective, officers, agents, partners, and employees, from and against any loss, damage, liablity, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Legal Terms; (4) any breach of your representation and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other use of the Service with whom you connect via the Services. Notwithstanding the foreging, we reserve the right, at your expense, to assume the exclussive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify your of any such claim, action, or proceeding which is subject to this indemnification upon becoming awaring of it.
USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing the perdormance of the Services, as well as data relation to your use of the Services. Although we perform regular routine backups of data, your are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES Visiting the Services, sending us emails, and completing online form constitue electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regultions, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUSThese Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or faliure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these These Legal Termsis determined to be unlawful, boid, or unenforceable, that provision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
MEDICAL DISCLAIMER
You should not rely on the information provided on the site or platform as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You are encourtaged to seek professional medical diagnosis and treatment for any medical condition, and to discuss information about the site or platform with uour healthcare provided. Information provided on the site and platform is provided for informational purposes and is in no way intended to substitute consulting a medical professional. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of something you may have read on the site or paltform. Do not use the site or platform for emergency medical needs. Your use of information provided on the site or platform is solely at your own risk. Nothing stated or posted on the site or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Results generated from our database are not, and should not be considered as, medical advice. We do not favor or endorse any specific tests, studies, protocols, treatments, physicians, procedures, opinions, products or other information that may appear on the site or paltform or on links reached thorugh the site or platform. If you rely on any of the information provided by the site or platform, you do solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical trials or any injury resulting there from. Studies presented on the site or platform may not be approved by the participating medical center’s institutional review board, may be cancelled, or may not be enrolling patients.
CONTACT US In order to resolve a complaint regarding theServices or to receive further information regarding use of the Services, please contact us at: OASYS NOW
Molengraaffsingel 12
Delft, Zuid-Holland 2629 JD
Netherlands
Phone: (+31)0636223299
We are OASYS NOW (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in the Netherlands at Huis Te Landelaan 210, Rijswijk, Zuid-Holland 2283, SL
Our VAT number is NL862450780B01We operate the website https://www.oasysnow.com (the ‘Site’), the mobile application OASYS NOW application (the ‘App’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).AGREEMENT TO OUR LEGAL TERMSWe empower citizens and patients to take control over their DNA and health data and connect them with relevant research via our privacy-by-design platform. We provide various services including genetic data uploading and HER import into personal data vaults. We act as an intermediary between Researchers who need data, and individuals like you who supply the data for research. You can contact us by phone at (+31)0636223299, email at info@oasysnow.com, or by mail to Molengraaffsingel 12, Delft, Zuid-Holland 2629 JD, Netherlands. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and OASYS NOW, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updated. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any advised Legal Terms by your continued use of the Services after the date such revised Legal Teams are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
1. OUR SERVICES 4
2. INTELLECTUAL PROPERTY RIGHTS 4
3. USER REPRESENTATIONS 6
4. USER REGISTRATION 7
5. PROHIBITED ACTIVITIES 7
6. USER GENERATED CONTRIBUTIONS 9
7. CONTRIBUTION LICENSE 10
8. MOBILE APPLICATION LICENSE 11
9. SOCIAL MEDIA 12
10. SERVICES MANAGEMENT 13
11. PRIVACY POLICY 13
12. TERM AND TERMINATION 13
13. MODIFICATIONS AND INTERRUPTIONS 14
14. GOVERNING LAW 14
15. DISPUTE RESOLUTION 14
16. CORRECTIONS 14
17. DISCLAIMER 14
18. LIMITATIONS OF LIABILITY 15
19. INDEMNIFICATION 15
20. USER DATA 16
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES 16
22. MISCELLANEOUS 16
23. MEDICAL DISCLAIMER 17
24. CONTACT US 17
OUR SERVICES The infromation provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where sich distribution or use would be contrary to law or regularion or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. INTELLECTUAL PROPERTY RIGHTS Our Intellectual PropertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Stated and around the world. The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only. Your use of our ServicesSubject to your compliance with these Legal Terms, including ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access. Solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsover, without our express prior written permission.
If you with to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our legal terms, please address your request to: info@oasysnow.com. If we ever gran you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or propietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your Submissions and contributionsPlease review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectural property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemintation for any lawful purpose, commercial or otherwise, without ackowledgment or compensation to you. Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish,, distribute, or broadcast content and materials to us or throufh the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that contributions may be viewable by other users of the Services. When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and lices to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative workd of, or inciportate into other works, your Contributions, and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You are responsible for what to post or upldoad: By sendind us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any sch Submission and /or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned tights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this sections, (b) any third party’s intellectural property rights, (c) confidentiality obligations, (d) any contractual obligation, or (e) applicbale law. We may remove or edit your Content: Althought we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promtply update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If your account is suspended, you will have thirty (30) business days to resolve the issue that led to the suspension. If we do not receive a satisfactory response from you within thirty (30) business days, we may delete your account at our sole discretion.USER REGISTRATION
Registration and Account Security
In order to access certain features of the Services, you may be required to register for an account.
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account.
We reserve the right to remove, reclaim, or change a username you select if we deem it inappropriate, obscene, or otherwise objectionable in our sole discretion.
Password Management
We strongly recommend that you:
Use multi-factor authentication (MFA) to enhance your account security. (We are not responsible for the implementation of MFA).
Avoid reusing passwords across different services.
Utilize strong password generation systems to create secure passwords.
PROHIBITED ACTIVITIESYou may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: Systematically retireve data or other content form the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disperage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsisten with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other propietrary rights notice form any Content.
Attempt to impersonate another user or person or use the username of another user.
Uploas or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanism’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disasseble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Make any unauthorised use of the Sertives, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile. USER GENERATED CONTRIBUTIONSThe Services may invite you to chat, contribute to, or participate in blogs, message boards, online forume, and other fucntionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publush, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and throufh third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-propietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public displya, or performance, and the accessing, downloading, or copying of you Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, lebellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do nor ridicule, mock, disperage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people).
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. CONTRIBUTION LICENSEBy posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of you social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur iin any media formats and through any media channels. This licence willl apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company nade,, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other propietrary rights associated with your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretions, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.MOBILE APPLICATION LICENSE Use License If you access the Services via the App, thenw e grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any propietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generatiing endeavour, commercial enterprise, or other purpose for which it is not designeted or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or inderectly, competitive with or in any way substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; (9)use any propietrary information or any of our interfaces or our other intellectual property in design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App. Apple and Android DevicesThe following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable alw, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, eg.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof. SOCIAL MEDIA As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either” (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the appllicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By grnating us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network content’) so that it is available on and through the Services via your account, iincluding without limitation any friend list and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Account you choose and subject to the privacy settings that you have set in such Third-Party Account may be available on through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network content may no longer be available on and through the Services. You will have the ability to diable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOT THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS I GOVERNED SOLELY BY YOUR AGREEMENT)S_ WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email adress book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact infromation below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SERVICES MANAGEMENTWe reserve the right, but not the obligation, to (2) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violated the law or these Legal Terms, including without limitation, reporting such user to alw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property to facilitate the proper funcitoning of the Services.
PRIVACY POLICY We care about data privacy and security. Please review or Privacy Policy: http://www.oasysnow.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Services, you are transferring your data to the Netherlands, and you expressely consent to have your data transferred to and processed in the Netherlands.
TERM AND TERMINATIONThese Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICBALE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injustive redress.
MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to your or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perfom maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have not liability whatsoever for any loss, damage, or inconvinience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW These Legal Terms are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods in expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. OASYS NOW and yourself both agree to submit to the non-exlusive jurisdiction of the courts of the Netherlands, which means that you may take a claim to defend your consumer property rights in regards to these Legal Terms in the Netherlands, or in the EU country in which you reside.
DISPUTE RESOLUTIONThe European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our attention, please contact us.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissons and to change or update the information on the Services at any time, wihtout prior notice.
DISCLAIMERTHE SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITED OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFROMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERCIVES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRASMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUATANTEE, OR ASSUME REPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENT BE LIABLE TO YOUR OR ANY THIRD FOR ANY DIRECT, INDIRECT, CONSQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmeless, including our subsidiaries, affiliates, and all of our respective, officers, agents, partners, and employees, from and against any loss, damage, liablity, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Legal Terms; (4) any breach of your representation and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other use of the Service with whom you connect via the Services. Notwithstanding the foreging, we reserve the right, at your expense, to assume the exclussive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify your of any such claim, action, or proceeding which is subject to this indemnification upon becoming awaring of it.
USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing the perdormance of the Services, as well as data relation to your use of the Services. Although we perform regular routine backups of data, your are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES Visiting the Services, sending us emails, and completing online form constitue electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regultions, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUSThese Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or faliure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these These Legal Termsis determined to be unlawful, boid, or unenforceable, that provision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
MEDICAL DISCLAIMER
You should not rely on the information provided on the site or platform as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You are encourtaged to seek professional medical diagnosis and treatment for any medical condition, and to discuss information about the site or platform with uour healthcare provided. Information provided on the site and platform is provided for informational purposes and is in no way intended to substitute consulting a medical professional. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of something you may have read on the site or paltform. Do not use the site or platform for emergency medical needs. Your use of information provided on the site or platform is solely at your own risk. Nothing stated or posted on the site or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Results generated from our database are not, and should not be considered as, medical advice. We do not favor or endorse any specific tests, studies, protocols, treatments, physicians, procedures, opinions, products or other information that may appear on the site or paltform or on links reached thorugh the site or platform. If you rely on any of the information provided by the site or platform, you do solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical trials or any injury resulting there from. Studies presented on the site or platform may not be approved by the participating medical center’s institutional review board, may be cancelled, or may not be enrolling patients.
CONTACT US In order to resolve a complaint regarding theServices or to receive further information regarding use of the Services, please contact us at: OASYS NOW
Molengraaffsingel 12
Delft, Zuid-Holland 2629 JD
Netherlands
Phone: (+31)0636223299TERMS OF USE Last updated April 2, 2024
We are OASYS NOW (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in the Netherlands at Huis Te Landelaan 210, Rijswijk, Zuid-Holland 2283, SL
Our VAT number is NL862450780B01We operate the website https://www.oasysnow.com (the ‘Site’), the mobile application OASYS NOW application (the ‘App’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).AGREEMENT TO OUR LEGAL TERMSWe empower citizens and patients to take control over their DNA and health data and connect them with relevant research via our privacy-by-design platform. We provide various services including genetic data uploading and HER import into personal data vaults. We act as an intermediary between Researchers who need data, and individuals like you who supply the data for research. You can contact us by phone at (+31)0636223299, email at info@oasysnow.com, or by mail to Molengraaffsingel 12, Delft, Zuid-Holland 2629 JD, Netherlands. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and OASYS NOW, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updated. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any advised Legal Terms by your continued use of the Services after the date such revised Legal Teams are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
1. OUR SERVICES 4
2. INTELLECTUAL PROPERTY RIGHTS 4
3. USER REPRESENTATIONS 6
4. USER REGISTRATION 7
5. PROHIBITED ACTIVITIES 7
6. USER GENERATED CONTRIBUTIONS 9
7. CONTRIBUTION LICENSE 10
8. MOBILE APPLICATION LICENSE 11
9. SOCIAL MEDIA 12
10. SERVICES MANAGEMENT 13
11. PRIVACY POLICY 13
12. TERM AND TERMINATION 13
13. MODIFICATIONS AND INTERRUPTIONS 14
14. GOVERNING LAW 14
15. DISPUTE RESOLUTION 14
16. CORRECTIONS 14
17. DISCLAIMER 14
18. LIMITATIONS OF LIABILITY 15
19. INDEMNIFICATION 15
20. USER DATA 16
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES 16
22. MISCELLANEOUS 16
23. MEDICAL DISCLAIMER 17
24. CONTACT US 17
OUR SERVICES The infromation provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where sich distribution or use would be contrary to law or regularion or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. INTELLECTUAL PROPERTY RIGHTS Our Intellectual PropertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Stated and around the world. The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only. Your use of our ServicesSubject to your compliance with these Legal Terms, including ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access. Solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsover, without our express prior written permission.
If you with to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our legal terms, please address your request to: info@oasysnow.com. If we ever gran you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or propietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your Submissions and contributionsPlease review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectural property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemintation for any lawful purpose, commercial or otherwise, without ackowledgment or compensation to you. Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish,, distribute, or broadcast content and materials to us or throufh the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that contributions may be viewable by other users of the Services. When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and lices to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative workd of, or inciportate into other works, your Contributions, and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You are responsible for what to post or upldoad: By sendind us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any sch Submission and /or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned tights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this sections, (b) any third party’s intellectural property rights, (c) confidentiality obligations, (d) any contractual obligation, or (e) applicbale law. We may remove or edit your Content: Althought we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promtply update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If your account is suspended, you will have thirty (30) business days to resolve the issue that led to the suspension. If we do not receive a satisfactory response from you within thirty (30) business days, we may delete your account at our sole discretion.USER REGISTRATION
Registration and Account Security
In order to access certain features of the Services, you may be required to register for an account.
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account.
We reserve the right to remove, reclaim, or change a username you select if we deem it inappropriate, obscene, or otherwise objectionable in our sole discretion.
Password Management
We strongly recommend that you:
Use multi-factor authentication (MFA) to enhance your account security. (We are not responsible for the implementation of MFA).
Avoid reusing passwords across different services.
Utilize strong password generation systems to create secure passwords.
PROHIBITED ACTIVITIESYou may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: Systematically retireve data or other content form the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disperage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsisten with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other propietrary rights notice form any Content.
Attempt to impersonate another user or person or use the username of another user.
Uploas or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanism’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disasseble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Make any unauthorised use of the Sertives, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile. USER GENERATED CONTRIBUTIONSThe Services may invite you to chat, contribute to, or participate in blogs, message boards, online forume, and other fucntionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publush, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and throufh third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-propietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public displya, or performance, and the accessing, downloading, or copying of you Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, lebellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do nor ridicule, mock, disperage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people).
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. CONTRIBUTION LICENSEBy posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of you social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur iin any media formats and through any media channels. This licence willl apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company nade,, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other propietrary rights associated with your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretions, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.MOBILE APPLICATION LICENSE Use License If you access the Services via the App, thenw e grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any propietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generatiing endeavour, commercial enterprise, or other purpose for which it is not designeted or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or inderectly, competitive with or in any way substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; (9)use any propietrary information or any of our interfaces or our other intellectual property in design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App. Apple and Android DevicesThe following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable alw, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, eg.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof. SOCIAL MEDIA As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either” (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the appllicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By grnating us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network content’) so that it is available on and through the Services via your account, iincluding without limitation any friend list and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Account you choose and subject to the privacy settings that you have set in such Third-Party Account may be available on through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network content may no longer be available on and through the Services. You will have the ability to diable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOT THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS I GOVERNED SOLELY BY YOUR AGREEMENT)S_ WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email adress book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact infromation below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SERVICES MANAGEMENTWe reserve the right, but not the obligation, to (2) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violated the law or these Legal Terms, including without limitation, reporting such user to alw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property to facilitate the proper funcitoning of the Services.
PRIVACY POLICY We care about data privacy and security. Please review or Privacy Policy: http://www.oasysnow.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Services, you are transferring your data to the Netherlands, and you expressely consent to have your data transferred to and processed in the Netherlands.
TERM AND TERMINATIONThese Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICBALE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injustive redress.
MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to your or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perfom maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have not liability whatsoever for any loss, damage, or inconvinience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW These Legal Terms are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods in expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. OASYS NOW and yourself both agree to submit to the non-exlusive jurisdiction of the courts of the Netherlands, which means that you may take a claim to defend your consumer property rights in regards to these Legal Terms in the Netherlands, or in the EU country in which you reside.
DISPUTE RESOLUTIONThe European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our attention, please contact us.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissons and to change or update the information on the Services at any time, wihtout prior notice.
DISCLAIMERTHE SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITED OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFROMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERCIVES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRASMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUATANTEE, OR ASSUME REPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENT BE LIABLE TO YOUR OR ANY THIRD FOR ANY DIRECT, INDIRECT, CONSQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmeless, including our subsidiaries, affiliates, and all of our respective, officers, agents, partners, and employees, from and against any loss, damage, liablity, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Legal Terms; (4) any breach of your representation and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other use of the Service with whom you connect via the Services. Notwithstanding the foreging, we reserve the right, at your expense, to assume the exclussive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify your of any such claim, action, or proceeding which is subject to this indemnification upon becoming awaring of it.
USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing the perdormance of the Services, as well as data relation to your use of the Services. Although we perform regular routine backups of data, your are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANS SIGNATURES Visiting the Services, sending us emails, and completing online form constitue electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regultions, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUSThese Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or faliure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these These Legal Termsis determined to be unlawful, boid, or unenforceable, that provision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
MEDICAL DISCLAIMER
You should not rely on the information provided on the site or platform as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You are encourtaged to seek professional medical diagnosis and treatment for any medical condition, and to discuss information about the site or platform with uour healthcare provided. Information provided on the site and platform is provided for informational purposes and is in no way intended to substitute consulting a medical professional. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of something you may have read on the site or paltform. Do not use the site or platform for emergency medical needs. Your use of information provided on the site or platform is solely at your own risk. Nothing stated or posted on the site or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Results generated from our database are not, and should not be considered as, medical advice. We do not favor or endorse any specific tests, studies, protocols, treatments, physicians, procedures, opinions, products or other information that may appear on the site or paltform or on links reached thorugh the site or platform. If you rely on any of the information provided by the site or platform, you do solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical trials or any injury resulting there from. Studies presented on the site or platform may not be approved by the participating medical center’s institutional review board, may be cancelled, or may not be enrolling patients.
CONTACT US In order to resolve a complaint regarding theServices or to receive further information regarding use of the Services, please contact us at: OASYS NOW
Molengraaffsingel 12
Delft, Zuid-Holland 2629 JD
Netherlands
Phone: (+31)0636223299
