1.1 Account Creation, Password and Security Obligations. You do not have to open an account to browse the Education Site, but in order to use certain features of the Education Site, such as to upload and manage Your User Content (as defined under Section 4.1), download documents, share documents using social media tools, communicate with 23andMe to request materials that may be made available by 23andMe (e.g. children’s books on genetics), or to take advantage of other benefits offered from time to time to Educators, you must register for an account. You will be required to select a username and a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to be responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account (e.g., if you lose your account ID or password or if they are stolen, disclosed or used without Your authorization) at firstname.lastname@example.org to enable us to take any action we deem necessary.
1.2 You represent to 23andMe that the information provided when opening Your account is true, accurate and current, and agree to maintain and promptly update the registration information to keep it true, accurate, current, and complete. You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. You may be liable for any losses incurred by 23andMe or others due to any unauthorized use of your Education Site account.
1.5 License to Use Institutions’ Names. 23andMe may use the name of your Institution and the title of the educational course, or other educational program (“Program”) (if provided) publicly, including on the 23andMe website, to state that an Educator User affiliated to Your Institution is using, or has used, the Education Site to support a Program.
4. User Content License Grant; Representations and Warranties.
4.1 User Content. 23andMe may permit Users to submit documents, questions, comments, images, videos, feedback, suggestions and other materials and communications (“User Content”) for posting and/or publishing in the Education Site or as input to the Education Site. 23andMe reserves the right not to post, publish, or to remove at any time after posting, any User Content at its sole discretion. 23andMe does not claim ownership of the User Content you provide to 23andMe, or post, upload, input, or submit to the Education Site. Unless otherwise specified, You retain copyright and any other rights You already hold over User Content that You create and submit, post, or display on or through the Education Site. You understand that whether or not such User Content is published, User Content will not be considered, or handled by 23andMe as confidential.
4.2 License Grant to 23andMe. By submitting, posting, displaying User Content on or through the Education Site, You hereby grant to 23andMe, its affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual right and license to host, transfer, publicly display, publish, publicly perform, reproduce, edit, distribute, adapt, modify, translate, reformat and prepare derivative works from any User Content that you submit, post, or display on or through the Education Site, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
You acknowledge and agree that this license grant also includes a right for 23andMe to (i) make such User Content available to other companies, organizations, or individuals with whom 23andMe has relationships, and to use such User Content in connection with the provision of those services; and (ii) publicly post and display certain information provided by You (such as Your name, Program, Institution) in conjunction with Your User Content, if so is agreed by You with respect to that particular User Content when uploading, submitting, or otherwise posting Your User Content in the Education Site.
4.3 User Content; License Grant to other Users. By posting, submitting or displaying User Content through the Education Site, You hereby grant to each User of the Education Site a non-exclusive license to access, download, share and use your User Content for NON-COMMERCIAL USE and in any manner permitted or made available by 23andMe on or through the Education Site (including use by Educator Users as part of a Program).
4.6 User Content Disclaimer. You understand that when using the Education Site You will be exposed to a variety of User Content posted by Users with a variety of backgrounds, and that 23andMe is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that by using the Education Site, You may be exposed to User Content that you may find offensive, indecent, inaccurate, or otherwise objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against 23andMe in this respect. 23andMe cannot guarantee the quality or accuracy of any User Content and does not endorse any User Content or any opinion, recommendation or advice embodied in any User Content, and 23andMe expressly disclaims any and all liability in connection with User Content.
5. PROPRIETARY MATERIALS; LICENSES
5.2 23andMe Licensed Content. 23andMe may make available on the Education Site certain educational documents videos and other materials that are owned by 23andMe or its third-party licensors (the “23andMe Licensed Content”). 23andMe grants to you a non-exclusive, non-transferable right to use the Licensed Educational Content as made available on the Education Site by 23andMe solely for your personal, non-commercial use purposes. If you are an Educator, you may use and share items marked as 23andMe Licensed Content to support your educational Programs.
6. EDUCATION SITE CONTENT; NON-COMMERCIAL USE. All 23andMe Licensed Content and User Content available in the Education Site (collectively, “Education Site Content”) are intended for personal, educational, non-commercial use only. Notwithstanding the terms of any other license applicable to 23andMe Licensed Content, the Education Site Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by 23andMe with respect to the 23andMe Licensed Content, or by the owner of User Content, under separate agreements and independent from the Education Site.
(i) The sale or rental of (a) the Education Site Content, in whole or in part, (b) derivative works based at least in part on the Education Site Content, or (c) collective works that includes any part of the Education Site Content;
(ii) Providing training, support, or editorial services that use or reference the Education Site Content in exchange for a fee (excluding any school tuition charged by an Institution to which an Educator User is affiliated); and
(iii) The sale of advertisements, sponsorships, or promotions including any Education Site Content, or or the placement of advertisements, sponsorships, or promotions using any Education Site Content, including without limitation any “pop-up”, “interstitial”, or any other advertisements in any media or form.
6.2 Attribution to 23andMe. If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Education Site Content or any derivative works thereof, You must also provide the following notice prominently along with such Education Site Content or derivative work thereof: “This work is available for free at http://www.23andme.com/educators”.
7. THIRD PARTY TRADEMARKS AND COPYRIGHTS; DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”).
7.1 Copyrights; 23andMe’s DMCA Notification Guidelines. 23andMe respects the intellectual property rights of third parties and expect all Education Site Users to do the same when using the Education Site. 23andMe will promptly terminate without notice your access to the Education Site if You are determined by 23andMe to be a “repeat infringer.” A repeat infringer is any User who incurs infringing activity violations more than twice and/or who has had User Content or any other User-submitted content removed from the Education Site more than twice. It is 23andMe’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act in accordance with our DMCA Notification Guidelines.
7.2 Third Party Trademarks: 23andMe also respects the trademark rights of others. Accounts with any User Content or other materials that mislead others or violates any trademark may be removed, suspended, disabled, or terminated by 23andMe in its sole discretion. If you believe someone may be infringing your trademark(s) on the Education Site, please email us at email@example.com. If deemed appropriate upon review of your complaint, we may remove the offending content, warn the User who posted the content, and/or temporarily or permanently suspend or disable the User’s account.
8. Prohibited Conduct.
WHEN USING THE EDUCATION SITE AND ANY EDUCATION CONTENT SITE YOU AGREE NOT TO:
(i) Use the Education Site for any commercial use or purpose unless expressly permitted by 23andMe in writing, it being understood that the Education Site, Education Site Content and related services are intended for personal, educational, non-commercial use only;
(iii) Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
(iv) Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(v) Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
(vi) Impersonate any person or entity, falsely claim an affiliation with any person, institution or entity, or access the Education Site accounts of others without permission, or perform any other fraudulent activity;
(vii) Remove the copyright or other proprietary rights notices on the Education Site or on any Education Site Content;
(viii) Assert, or authorize, assist, or encourage any third party to assert, against 23andMe or any of its licensors any patent infringement or other intellectual property infringement claim regarding any Education Site Content You have used, submitted, or otherwise made available on or through the Education Site;
(ix) Submit unsolicited offers, advertisements, proposals, or send junk mail or spam to 23andMe or other Users of the Education Site (including, without limitation, unsolicited advertising or materials, promotional materials, commercial advertising, informational announcements, charity requests, or petitions for signatures);
(x) Use the Education Site for any illegal purpose, or in violation of any local, state, national, or international law, or regulations, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
(xi) Defame, “stalk”, harass, abuse, threaten or defraud Users of the Education Site, or collect, or attempt to collect, personal information about Users without their consent;
(xii) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Education Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(xiii) Remove, bypass, disable, tamper, damage or otherwise interfere with security features of the Education Site, such as features that prevent or restrict use, manipulating or copying of any content accessible through the Education Site, or other functionality of the Education Site;
(xiv) Interfere with or damage operation of the Education Site or any user’s enjoyment of it, by any means, including without limitation by participation in any penetration or denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(xv) Modify, adapt, translate or create derivative works based upon the Education Site, except and only to the extent expressly permitted by 23andMe herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
(xvi) Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Education Site.
10.1 Termination by 23andMe. 23andMe, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with 23andMe or your use of the Education Site and remove any part of your account, User profile, and User Content, at any time. 23andMe may also in its sole discretion and at any time discontinue providing access to the Education Site, or any part thereof, with or without notice. You agree that any termination of your access to the Education Site or any account You may have, or portion thereof, may be effected without prior notice, and You agree that 23andMe will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Education Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies 23andMe may have at law or in equity. 23andMe does not permit copyright, trademarks, or other intellectual property infringing activities on the Education Site, and will terminate access to the Education Site, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
12. Disclaimers; No Warranties. THE EDUCATION SITE, EDUCATION SITE CONTENT, AND ALL OTHER DATA, INFORMATION, SOFTWARE, OR SERVICES, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EDUCATION SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 23ANDME, AND ITS LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 23ANDME OR THROUGH THE EDUCATION SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
23ANDME, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE EDUCATION SITE OR ANY 23ANDME LICENSED CONTENT, USER CONTENT, TOOLS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE EDUCATION SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, EDUCATION SITE CONTENT, SOFTWARE, OR DATA THROUGH THE EDUCATION SITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
YOU UNDERSTAND AND AGREE THAT ANY USER CONTENT UPLOADED BY YOU IS AT YOUR OWN RISK. 23ANDME CANNOT AND DOES NOT GUARANTEE THAT THERE WILL BE NO UNAUTHORIZED COPYING, OR DISTRIBUTION OF YOUR USER CONTENT BY OTHER USERS OR THIRD PARTIES, NOR WILL 23ANDME BE LIABLE FOR ANY COPYING OR USAGE OF YOUR USER CONTENT THAT IS NOT AUTHORIZED BY 23ANDME OR YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
13. Limitation of Liability and Damages.
13.2 Limitation of Damages. IN NO EVENT WILL 23ANDME’S OR ITS CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE EDUCATION SITE OR YOUR INTERACTION WITH OTHER EDUCATION SITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EDUCATION SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER.
13.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT 23ANDME HAS OFFERED THE EDUCATION SITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 23ANDME, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 23ANDME. 23ANDME WOULD NOT BE ABLE TO PROVIDE THE EDUCATION SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
ATTN: Chief Legal and Regulatory Officer
899 West Evelyn Ave.
Mountain View, CA 94041
Additionally, 23andMe accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
14.3 Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Terms or 23andMe will be filed only in the state or federal courts in and for Santa Clara County, California, and each of You and 23andMe hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, 23andMe shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction. YOU AND 23ANDME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EDUCATION SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14.9 Disclosures. This Education Site is hosted in the United States, and the services provided hereunder are offered by 23andMe, Inc.