Terms and Conditions for the Use of Novagali’s Website
1. Non-Commercial and Personal Use Only
Unless explicitly stated otherwise, this Website is protected by copyrights. Therefore, you may download, electronically copy, print or display any information included in this Website for non-commercial and personal use only. The distribution, modification, transmission or use of any data of the Website (including images, text, graphics, video etc.) for public or commercial purpose is expressly prohibited. Any exception requires the prior written consent of Novagali. However, Novagali does not warrant or represent that your use of any information contained in this Website will not interfere with rights of a third party.
2. Copyrights, Trademarks and Other Property Rights
The copyrights, trademarks, patents, proprietary information, products or other property rights included in or referred to on this Website (the “Rights”) are the exclusive property of Novagali or other respective owners that have granted Novagali the right and license to use such Rights. No license to or right in any of the Rights is granted to or conferred upon you.
3. Linking and Framing
Links to this Website are only permitted to the Homepage. Deep-linking is not permitted. In addition, hot-linking, in-line linking, framing of this Website or any other method of incorporating parts of this Website in your Website or the Website of a third party is equally prohibited. Any exception requires the prior written consent of Novagali.
4. Links to Third-Party Sites
As a service to our visitors, this Website may contain links to other sites on the Internet that are owned and operated by third parties (the “Third Party Sites”). Please note that Novagali has no control over these Third Party Sites and that linking to these Third Party Sites is at your own risk and subject to the legal statement and privacy policy of the linked site. You further understand that Novagali does not approve nor survey any Third Party Sites. Novagali has neither responsibility nor liability of any kind to these linked Third Party Sites.
5. User Chat Rooms / User Participation
While Novagali is under no obligation of any kind to monitor or review any chat rooms, bulletin boards or other similar areas on the Website as well as the content of any such communications, Novagali may do so occasionally. Novagali does not take any responsibility nor liability associated with the content of any such communication platforms, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. You are explicitly prohibited from transmitting or posting any unlawful, libelous, threatening, obscene, pornographic or profane material or any material violating the law. Please note that Novagali will fully cooperate with any court order or law enforcement authorities requesting Novagali to disclose the identity of any person transmitting or posting such material. In addition, Novagali reserves the right to, but is not bound to do so, remove or block any communications or material that it considers to be (i) abusive, obscene, deceptive, misleading, offensive or defamatory, (ii) in violation of any intellectual property right, such as copyrights or trademark, (iii) in violation of any law or regulation, (iv) otherwise unacceptable to Novagali at its sole discretion.
6. No Confidential Treatment of User Submissions
Unless subject to the “Privacy Policy” section hereinafter, any communication and material you transmit to this Website by electronic mail or by any other means, including but not limited to, any comments, questions, suggestions or the like will be treated as non-confidential and non-proprietary. Novagali is entitled to make use of anything you transmit or post for any purpose, including but not limited to, transmission, publication, disclosure, reproduction and posting. Moreover, Novagali is entitled to use any information, concept, know-how or the like included in any material or communication you transmit to the Website for any purpose whatsoever, such as developing, manufacturing, promoting and marketing Novagali’s products. Please note that you herewith waive all your rights related to any such transmitted communications and material.
7. Privacy Policy
The term “personal data” as used in this section refers to any information that can be used to identify you, such as your name, birth date, e-mail or mailing address. Some of the services provided on this Website may require registration. When registering with Novagali, you may need to complete certain data fields as well as pick a user name and password. This registration discloses your identity. Please note that in the event you decide to withhold certain requested personal data, it may not be possible for you to access certain parts of the Website and for Novagali to respond to your request. Novagali will not process your personal data without your prior consent. Novagali will only process personal data for specific and limited purposes and will inform you about these purposes when asking for your personal data. In processing your personal data, Novagali will fully comply with internationally recognized standards of data protection. In doing so, Novagali assures compliance of its staff with strict standards of security and confidentiality. Novagali will not give access to any of your personal data to any third party. However, personal data may incidentally be transferred to a third party acting for or on behalf of Novagali, or in connection with Novagali’s business, for further processing in accordance with the original purpose of the collection of the personal data. Wherever possible, Novagali endeavours to ensure that both the obligation of non-disclosure and the intended use of the personal data are clearly indicated. Such third parties may adopt different private policies. However, Novagali aims to ensure that such third parties provide the same degree of protection as Novagali does and, where appropriate, Novagali will contractually bind a third party to process personal data only for the purpose explicitly authorized by Novagali. Nevertheless, it is expressly understood that Novagali will not share any personal data that is sensitive (e.g. medical information) with any third party without your prior and explicit consent, and you may always withdraw your consent at any later time. Please note that if you withdraw your consent, Novagali may not be able to comply with some of your requests. However, Novagali will, where practicable, inform third parties to whom your personal data has been transferred of your withdrawal of consent.
Novagali attempts to ensure that your personal data is updated, accurate and complete. You are entitled to access and update your personal data or to demand for its deletion at any time. If you wish to access, amend or delete your personal data held by Novagali, please contact our Webmaster. Novagali will address your request in a prompt and accurate manner and free of charges. However, requests to delete personal data will b e subject to any applicable legal and ethical reporting or document filing or retention obligations to which Novagali must abide. In all other cases, Novagali will keep personal data only as long as is reasonably required for the processing of the purpose for which the personal data was collected and in accordance with any applicable legal or ethical reporting or documentation retention requirements. This Website is not intended nor designed to attract children under the age of 18. Novagali does not collect personally identifiable data from any person it actually knows is an individual under the age of 18. This Privacy Policy applies solely and exclusively to this Website.
8. Technical Inaccuracies, Typographical Errors and Changes
This Website may contain technical inaccuracies and typographical errors. Novagali reserves the right to amend, correct and/or improve any information contained as well as any products described on this Website at any time without notice.
9. Disclaimer
Even though Novagali aims to provide accurate and updated information at the Website at any time, you acknowledge that the Website is made available “AS IS”. Novagali does not give any warranty or representation, whether expressly or implied, of any kind related to the content of this Website (including, without limitation, text graphics and links). Moreover, Novagali takes no responsibility nor liability whatsoever related in any way with your use of this Website and its content. Novagali takes no liability for the accuracy, adequacy, completeness, comprehensiveness, usefulness, reliability or timeliness of the content of this Website. Novagali does not give any warranty, whether expressly or implied, that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the Server that makes the Website available are free of viruses or other harmful components. Novagali reserves the right to interrupt or discontinue any or all of the functionalities of the Website and takes no liability whatsoever for any interruption or discontinuance of any or all of the functionalities of the Website. As some jurisdictions do not allow the exclusion of implied warranties, some of the above mentioned exclusions may not apply to you.
10. Forward-looking Statement
Some of the statements on this Website are forward-looking. Such statements are by nature subject to certain risks, uncertainties and other factors that may affect actual results, performance or achievements of Novagali and its affiliates to be considerably different from those expected or anticipated in the forward-looking statements. Forward-looking statements are based on Novagali’s current expectations and assumptions, which may be influenced by a number of factors. These factors include any failure or delay in Novagali’s ability to develop new products, any failure to receive anticipated regulatory approvals, any problems in commercializing current products due to competition or other factors and government regulations limiting Novagali’s ability to sell its products. Please note that Novagali takes no liability to update the forward-looking statements contained in this Website to reflect any events or circumstances occurring after the date of content updates to the Website.
11. Applicable Law and Venue
Your use of this Website shall be governed in all respects by the laws of France without regard to choice of law provisions. You agree that any disputes and legal proceedings directly or indirectly arising out of or relating to this Website shall be submitted to the exclusive jurisdiction of the competent courts of Evry, France.