Terms

Hivebench Terms of Use

These Terms of Use were last updated on 15 November 2016.

By using the Hivebench Platform, from or through the Website and / or an Application, you agree to (1) the Elsevier Terms and Conditions, found at http://www.elsevier.com/termsandconditions incorporated herein by reference, and these Hivebench Terms of Use (“Terms of Use”), and any additional terms or product and / or services requirements applicable to the Platform. If you do not agree to all of these Terms of Use, do not use the Platform and / or any additional products and services.

The Platform and any products and / or services are provided by AGRM Solutions CV (“AGRM”, “we”, “us” and “our”). We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

1. DEFINITIONS

APPLICATION

Means all applications, including software, developed by AGRM, accessible on mobile telephony and, more generally, on any tablet or computer, which are dedicated, in whole or in part, to the Platform.


CONTENT

Means content comprised within the Platform and Services, including text, graphics, user interfaces, visual interfaces, all software developed by AGRM and/or for which AGRM holds a right of exploitation, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information which is owned by AGRM or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.


EXPERIMENT

Means any research, part of a study or, more widely, of a project, conducted by a Member and for the needs of which Research Data are stored and/or shared on the Platform.


OPEN SCIENCE SERVICE

Means the service available for Users on the Platform, which allows consulting and exchanging Research Data on the Platform and interacting with other Users, through collaborative work and social networking.

All Research Data uploaded and / or catalogued under the Open Science Service is publicly accessible and non-confidential.


PLATFORM

Means the platform, accessed either via the Website or an Application, on which Users upload Research Data for storing and sharing and which Platform, more generally, harbors Services offered by AGRM.

The Platform which includes the Website and any Application, is the sole property of AGRM. No provision hereunder implies the transfer, by AGRM, of a property right in the Platform, Website, Application, software and or Services.


MEMBER

Means a person who is registered on the Platform, as detailed in Article 3 below, and who registers to Services, especially Research Data storage and/or sharing.


RESEARCH DATA

Means the result of observations or experimentation that are necessary to validate research findings and that are published separate to an academic paper, including but not limited to raw data, processed data, software, algorithms, reagents, protocols, and methods.

On the Platform, Research Data are classified per Experiment.


SERVICES

Means all services offered by AGRM provided by and / or via this Platform, including paid services, interactive and social networking services, and the Open Science Service. Services are described in more detail on the Website.


SUBMISSION

Means any material submitted to the Platform, Website, or Application by a User, including, without limitation, Research Data and any comments personal profiles and communications with Users.


USER

Means any person, Member or not, using or who has used the Platform.


WEBSITE

AGRM’s website located at https://www.hivebench.com.

2. GENERAL

The Platform is AGRM’s sole property. Its principal purposes are notably to:
  • assist Members to catalog and manage Research Data they upload on the Platform;
  • index Research Data in accordance with Experiments ;
  • search indexed Research Data made available on the Platform ;
  • generate recommendations for Members including Research Data that they may be interested in reading by private accounts, subject to the existence and respect of all confidentiality commitments ;
  • prepare individualized statistical information which will only be made available to Members via their private account;
  • social networking services where registered Members can: (i) create online personal profiles; and (ii) interact with other Users ;
  • share, at Members’ discretion, Research Data and more generally, academic and scientific knowledge with selected Members or all Users ;
  • store on the Platform confidential Research Data on private accounts;
  • discover academic knowledge and enable detailed search of such Research Data ;
  • keep Users in touch with like-minded people and facilitate research projects.

3. User Grant Of License

3.1 In order to access certain features of the Platform, you have to be registered as a Member. If you register as a Member on the Platform, you must provide true and accurate information about yourself. It is your responsibility to inform AGRM of any changes to that information. Should your Member information provided prove false or misleading (including your personal details), we may remove your profile.

3.2 Except as we permit in these Terms of Use or as permitted by any local law, you undertake:

3.2.1 to use the Platform only in accordance with the Terms of Use;

3.2.2 not to copy, except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security

3.2.3 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the whole or any part of our Platform, nor permit our Platform or any part of it to be combined with, or become incorporated in, any other programs without prior written authorization of AGRM;

3.2.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of our Platform nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law;

3.2.5 not to remove or alter our (or our licensors’) copyright or other proprietary notice on our Platform.

3.2.6 not to provide or otherwise make available the Platform in whole or in part.

3.3 Save for the Submission, you acknowledge that we are the owner of or the licensee of all intellectual property rights in the Platform and in the Content (meaning text, graphics, user interfaces, visual interfaces, all software developed by AGRM and / or for which AGRM holds a right of exploitation, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information which is owned by AGRM or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws), and that you have no rights in or to the Platform or the Content other than the right to use in accordance with these Terms of Use.

4. SERVICES

4.1 The Platform offers Members management, storing and sharing of Research Data. Members can either disclose Research Data to the public (eg via the Open Science Service, or by sharing with other Users) or store in individual accounts. Whether to publicly disclose any Research Data is the sole responsibility of the Member, and AGRM cannot be held liable for such disclosure, however, where the Platform is used to store Research Data in a Member’s individual account, AGRM will make all reasonable efforts to ensure Research Data are not disclosed.

4.2 We provide Members with Services on our Platform via the Website or the Application, including, without limitation, services where Members can: (i) create online personal profiles; (ii) interact with other Members; (iii) use services offered via the Platform to share Research Data with their colleagues; and (iv) invite or remove colleagues within each Experiment they work in and participate in several Experiments.

4.2.1 Members are responsible for verifying that the inclusion of a Member in an Experiment shall not create a conflict of interest and/or contravene any confidentiality obligations.

4.2.2 AGRM shall not be responsible for membership and / or for relationships between Members.

4.3 We do not oversee, monitor or moderate the Submission that you upload to our Platform using our Services and neither do we vet or screen Users of our Platform.

5. Acceptable Use

5.1 You may use our Platform only for lawful purposes. Accordingly, you may only submit a Submission to the Platform if you have the right to do so.

5.2 By using the Platform and posting or uploading a Submission via the Website and/or the Application, you permit us to extract metadata, for indexing and improved searchability purposes only. We do not claim any ownership rights in your or any other User’s Submission. After posting or uploading your Submission, except for the permissions granted to us hereunder, you continue to retain all your rights in such Submission.
For Research Data that you choose to make publicly available on the Platform, you grant us a perpetual, irrevocable, worldwide, non-exclusive right and license to publish, extract, reformat, adapt, build upon, index, re-distribute, link to and otherwise use all or any part of the Research Data in all forms and media (whether now known or later developed), and to permit others to do so.

5.3 By posting or uploading your Submission you represent and warrant that: (i) your Submission is original to you and / or is licensed and fully cleared to permit us to use such Submission as contemplated herein; (ii) your Submission was produced in compliance with all applicable laws and regulations; (iii) your Submission does and will not, in any way, violate or breach any of these Terms of Use; (iv) your Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; (v) your Submission is not obscene or in any other manner unlawful; (vi) your Submission shall not be injurious to the health of any user; and (vii) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of your Submission. At AGRM's request and in accordance with AGRM’s reasonable instructions, you will promptly delete and not use the Platform to send, knowingly receive, upload, download, use or re-use any Submission that would hinder the performance of the Platform or that would be not academic in nature.

5.4 You may not use our Platform:

5.4.1 to send, knowingly receive, upload, download, use or re-use any Research Data without authorization. You may perform these actions only if you are the copyright owner, have the copyright owner’s permission, are permitted to do so under license.

5.4.2 in any way that breaches any applicable local, national or international law or regulation;

5.4.3 in any way that is unlawful or fraudulent, or that advocates, promotes or assists any unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence or that may be harmful to a user;

5.4.4in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.4.5in any way that promotes sexually explicit material, violence, or discrimination of any kind;

5.4.6 in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person;

5.4.7 in any way that is threatening, abusive or invades another’s privacy, or is likely to harass, upset, embarrass, alarm or annoy any other person; This includes but is not limited to ensuring that you have complied with best practice and applicable local laws when sharing data obtained from any research participants or any other individuals, that you have obtained all necessary consents, and that such data is suitably anonymized wherever appropriate;

5.4.8to impersonate any person, or to misrepresent your identity or affiliation with any person;

5.4.9 to upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “market research”, or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to (a) using AGRM (Hivebench) invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using AGRM (Hivebench) to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission.

5.4.10 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.5 Unless you have express prior written permission, you may not use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to extract content, data, information or other material from the Platform.

5.6You also agree:

5.6.1 not to access without authority, interfere with, damage or disrupt:
(i)   any part of our Platform;
(ii)   any equipment or network on which our Platform is stored;
(iii)   our Application including any software used in the provision of our Platform; or
(iv)   any equipment or network or software owned or used by any third party
(v)   the Services offered via the Platform and/or the Website.

5.6.2 to use our Platform only for research related activity (e.g, not to store your personal collection of movies, music and other large file types unrelated to your research activities).

6. PLATFORM MONITORING

6.1 AGRM may, in its discretion, monitor the Platform and the use thereof by the User to determine compliance with these Terms of Use and to avoid, to the extent practicable, fraudulent, unlawful or abusive use of the Platform, subject at all times to the disclaimers described below.

6.2 AGRM may also intercept and disclose any information, record, use, Research Data or Submission, to the extent necessary to protect AGRM's rights and fulfill its obligations (to the extent applicable), including without limitation, for mechanical or Platform quality control or to comply with any law, regulation, or governmental request, all as determined by AGRM and as permitted by applicable law.

6.3 AGRM may also, in its discretion, review, edit, refuse to post or remove any Submission, material or information submitted or transmitted to the Platform.

6.4 Notwithstanding the foregoing, AGRM makes no commitment or promise, and is under no obligation under these Terms of Use, to monitor, review, screen, edit or otherwise control any information or material contributed by any third party.

7. COMPLAINTS / FAILURE TO COMPLY WITH THESE TERMS OF USE

7.1 To raise complaints regarding alleged copyright or other intellectual property infringement, please contact us at hivebench@elsevier.com. We request that you provide a sufficiently detailed description of the basis of your complaint and your contact information in case additional information is necessary. We will then review your complaint and decide whether there has been a failure to comply with our Terms of Use. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

7.2 If we receive a complaint from someone else about something that you have posted or uploaded, we will investigate the complaint carefully, following the procedures determined above. Similarly, if we ourselves consider that you have not complied with these Terms of Use, we will investigate. In either case, if we determine, in our sole discretion and judgment, that you have failed to comply with these Terms of Use we reserve the right at any time to take all or any of the following actions (and any other action we reasonably deem appropriate):

7.2.1 temporary or permanent withdrawal of your right to use our Platform and/or closure of youraccount;

7.2.2 temporary or permanent removal of any posting or Submission uploaded by you to our Platform;

7.2.3issue of a warning to you;

7.2.4 legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

7.2.5 disclosure of such information to law enforcement authorities or to a third party complainant as we reasonably feel is necessary or required (and in exceptional circumstances and only where we consider a complaint is justified, this may include disclosure of your identity to the complainant);

7.2.6 use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use.

7.3 You hereby hold harmless and indemnify us and our affiliates, officers, agents and employees from and against any claim, suit or action made by any third party arising from or related to your use of the Platform or violation of these Terms of Use, including any liability or expense arising from losses, damages, claims, costs and reasonable attorneys’ fees.

8. DELETION OF SUBMISSION

8.1 You may delete your Submission at any time. When you delete your Submissions, our right to use it shall cease save that we may retain a copy in backup for a reasonable period of time and as necessary to comply with our legal obligations. However, the deleted Submission will not be generally available to other Users or registered Members.

8.2 Where you make use of the interactive features of our Platform to share Submissions with others, you may not be able to delete such shared Submissions.

9. CHANGES TO SERVICES

9.1 We aim to update our Platform regularly. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.

9.2 Although we aim to keep the Platform available at all reasonable times, we may modify, suspend or discontinue the Platform and/or Services in whole or in part without notice including, for example, in the event of technical failures, upgrades, routine or emergency repair work or some reason outside our control. We will not be liable if for any reason our Platform and / or Services are unavailable at any time or for any period.

10. PRIVACY POLICY

10.1 PLEASE READ CAREFULLY THIS PRIVACY POLICY BEFORE USING THE PLATFORM.

BY ENTERING OR USING OR BROWSING THROUGH THE PLATFORM, YOU ARE CONSENTING TO BE BOUND BY THE PRESENT PRIVACY POLICY.

PLEASE NOTE THAT IF YOU DO NOT AGREE WITH ALL OR PART OF THIS PRIVACY POLICY, YOU ARE ADVISED NOT TO ENTER OR USE THE PLATFORM.


10.2 ACCOUNT INFORMATION

10.2.1 When you sign up for an account, you must provide your email address, username and password. After you create an account, you can post in your public profile your name, URL, location and image and laboratory with which you are affiliated. Information in your public profile will be visible to other Members and cannot be made private.

10.2.2 Members may at any time access their account information and make changes or deletions. Members also may request access to correct or delete personal information that is inaccurate, incomplete, misleading, outdated or the collection or use, disclosure or storage are prohibited. At the closing of the Member's account, some personal data may be retained by AGRM in backup systems or to comply with legal obligations.

10.2.3 Non-personal Information, such as bibliographic information, abstracts, keywords, or cited references and/or Research Data will persist on the platform and will not be deleted automatically when a Member deactivates an account, unless a Member specifically requests deletion by contacting AGRM. If any Information is in the public domain or has also been uploaded by other Users, AGRM may opt to retain it on its Platform to ensure continued Service to these other Users.


10.3 COOKIES

10.3.1 AGRM may obtain information about User's general usage automatically using the Platform’s technologies, such as by using a cookie. A cookie is a small text file that is stored on User's computer and contains text information. Cookies are used to support and improve the Platform and to deliver a better and more personalized service.

10.3.2 A User can refuse to accept cookies by activating the setting on his web browser which will assist you to refuse the setting of cookies. However, when a User selects this setting such User may be unable to access certain parts of the Platform.


10.4 USE, DISCLOSURE AND STORAGE OF INFORMATION

10.4.1 AGRM uses the information collected from the Platform to provide, maintain, protect and improve the Platform, authenticate your identity and access to the Platform, improve and develop other services, and communicate with you.

10.4.2 AGRM provides such information to affiliates and service providers to process it for AGRM based on AGRM’s instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures. AGRM also may share information with affiliates and others with your consent. AGRM also may disclose your personal information if we have a good faith belief that such disclosure is reasonably necessary to (i) meet any applicable law, regulation, legal process or other legal obligation; (ii) detect, investigate and help prevent fraud, security or technical issues; and (iii) protect the rights, property or safety of AGRM, users, employees and others; and (iv) if AGRM, the Platform or a related asset or line of business is acquired by, transferred to or merged with another company.

10.4.3 Information that AGRM collects is transferred to and stored in servers and facilities that may be located outside the country where you live, which may have different personal data protection laws than in your country, although we will take reasonable steps to ensure that the information continues to be protected.


10.5 CHANGES

AGRM retains its right to periodically update and change the Platform, from time to time, without being required to provide any notification, and at its sole discretion the provisions of the privacy policy herein.

11. Contact

If you have any comments or concerns about our Services or any questions or requests regarding our privacy policy or our processing of your information, please contact us at hivebench@elsevier.com.