GEMS Platform and Suite of Services
Terms of Service

Interpretation and Definitions
 

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
 

Definitions
For the purposes of these Terms of Service:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• “Account” means a unique account created for You to access our Service or parts of our Service.
• “University” (referred to as either "the University", "We", "Us" or "Our" in this Agreement) refers to Regents of the University of Minnesota through its GEMS Program, an international agroinformatics initiative jointly led by the College of Food, Agricultural and Natural Resource Sciences and Research Computing, both at the University of Minnesota.  
• “Country” refers to the United States.            
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.  Device also refers to devices that can upload data through GEMS Sensing.
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• “Service” refers to the GEMS Platform at gems.agroinformatics.org, and the suite of services provided on the GEMS Platform, including but not limited to: GEMSOpen, GEMShare; GEMSTools; and also other GEMS services including GEMS Exchange, and GEMS Sensing, the description of which may be found at https://gems.umn.edu.
• “Terms of Service” (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the University regarding the use of the Service. 
• “Third-party Service” means any services or content (including data, information, websites, products or services) provided by a third-party that may be displayed, included or made available by or accessed through the Service.
• “Website” refers to gems.umn.edu.
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment
 

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the University. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
 

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
 

You represent that you are over the age of 18. The University does not permit those under 18 to use the Service.
 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the GEMS Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts
 

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
 

You agree not to disclose Your password to any other person. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content
 

Your Right to Post Content
Our Service allows You to submit and share Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
 

By submitting or sharing Content to the Service with non-default public display options set, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit or share on or through the Service and You are responsible for protecting those rights. In addition to the Privacy Policy, the GEMS Platform will allow interfaces in which you may choose how and with whom you want your Content to be shared. The GEMS technology is designed to implement your selected options by allowing others to access your content only if you have agreed for Us to share it with them.
 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 
 

Content Restrictions
The University is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
 

You may not upload or transmit HIPAA-covered data or personally identifying information of any sort. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the University and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The University reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The University further reserves the right to make formatting and edits and change the manner of any Content. The University can also limit or revoke the use of the Service if You post such objectionable Content. As the University cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the University be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
 

Content Backups
Although regular backups of Content are performed, the University does not guarantee there will be no loss or corruption of data.
 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
 

The University will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the University has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

Copyright Policy
 

Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email ([email protected]) and include in Your notice a detailed description of the alleged infringement.
 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
 

DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address [or if representing an institution, your institution’s address], telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
   

You can contact our copyright agent via email ([email protected]). Upon receipt of a notification, the University will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property
 

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the University and its licensors.
 

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. GEMS®™ is a registered trademark of the University. GEMSOpen®™, GEMShare®™ and GEMSTools®™ are trademarks of the University.
 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the University.
 

Your Feedback to Us
 

You assign all rights, title, and interest in any Feedback You provide the University. If for any reason such assignment is ineffective, You agree to grant the University a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites
 

Our Service may contain links to Third Party Services (including, but not limited to https://rapidapi.com/; https://www.globus.org/).
 

The University has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-party Service. You further acknowledge and agree that the University shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
 

We strongly advise You to read the terms and conditions and privacy policies of any Third-party Services that You visit.

Termination
 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
 

Limitation of Liability
 

Notwithstanding any damages that You might incur, the entire liability of the University and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
 

To the maximum extent permitted by applicable law, in no event shall the University or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, or reputational loss, arising out of or in any way related to the use of or inability to use the Service, Third Party Service, or otherwise in connection with any provision of this Terms), even if the University or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer
 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the University, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the University provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
 

Without limiting the foregoing, neither the University nor any of the University's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the University are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Additionally, as to (iii) there are limitations as to the accuracy of geospatial data provided by the Service, resulting from the methods that are used to prepare data for inclusion through the Service. Specifically, these methods can result in an alteration of  the horizontal and vertical accuracy of the source data.
 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law
 

The laws of Minnesota, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution
 

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the University. Disputes unable to be resolved informally will be decided by the state courts of Hennepin County, Minnesota.

For European Union (EU) Users
 

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.

United States Legal Compliance
 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver
 

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
 

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service
 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
 

If you have any questions about these Terms of Service, You can contact us:

• By visiting this page on our website: https://gems.umn.edu/contact-us
• By sending us an email: [email protected]