Progenika Inc

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Terms ans conditions of use

1.   INTRODUCTION AND COMPANY DETAILS

This website (hereinafter, the "Website") is run by Progenika Biopharma, S. A., a Spanish company located at Parque Tecnológico de Bizkaia, Ibaizabal-Bidea, Edificio 504, 48160, Derio - Vizcaya  (Spain), registered in the Commerce Registry of Biscay, folio 29, volume 3999, page no. BI-27908 ("Progenika") and whose tax identification code (Spanish: CIF) is A95091799.

To contact Progenika directly and effectively go to contact form.

2.   OBJECT AND SCOPE OF APPLICATION

These Terms and Conditions of Use regulate the access to and use of contents offered by Progenika through its Website. However, Progenika reserves the right to modify, at any time, the Website's presentation, configuration, and content, along with the terms and conditions required for accessing and/or using it. Accessing and using the Website's content after modifications or changes to the terms and conditions come into effect, implies that they have been accepted.

Simply accessing, browsing, and/or using the Website entails and implies that the Website user (hereinafter, the "User") has accepted these Terms and Conditions of Use.

 The Website offers the following features:

  • Information about Progenika, its products, services, and research and development department.
  • Sending information requests and/or inquiries through the channels set up on the Website, in accordance with the provisions set forth in the Privacy Policy.

3.   USER OBLIGATIONS

The User undertakes:

  • To accept and comply with the provisions set forth in these Terms and Conditions of Use and in any document that is an integral part of it.
  • Not to use the Website's contents in any way that might violate the provisions of the Terms and Conditions of Use or of any other legal texts governing the Website's use.
  • Not to alter or manipulate the Website's contents in any way.
  • Not to store or communicate, through the Website, any contents in violation of current legislation, ethical standards, or the public order, or those of a defamatory, aggressive, obscene, sexually-explicit, offensive, violent, or violence-inciting, racist or xenophobic nature, or those of an illegal nature generally or that are detrimental to the rights and/or the physical integrity and/or ethics of others.
  • Not to publicize personal data of other Users or third-parties without their prior and express authorization.
  • Not to slander, abuse, disturb, threaten, or violate in any other way other Users' or any other person's rights.
  • Not to eliminate or try to remove any safety measures adopted and established on the Website.
  • To comply with the provisions set forth in the current legislation.

4.   INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Progenika is the owner or has obtained the corresponding licenses for the exploitation of the Website's intellectual and industrial property rights as well as of intellectual and industrial rights to the layout of the Website's contents (sui generis database rights), its graphic design (look & feel), and underlying software (including source codes), along with the various elements that make up the Website (texts, charts, photographs, videos, sound recordings, etc.), the services and products available through it, and the software used in relation to it.

A User's accessing, browsing, using, hosting and/or downloading contents and/or use of Website services, in no case will be deemed as a total or partial waiver or assignment of the aforementioned rights on the part of Progenika, or when applicable, on the part of the holder of the corresponding rights. The User is granted license for the right to use the foregoing for the exclusive purpose of accessing the contents offered through the Website.

Consequently, removing, evading, or manipulating the copyright notice or any other data identifying the rights held by Progenika or the respective holders of such rights incorporated in the contents, or the technical protection devices or any information and/or identification mechanisms these might contain, is prohibited.

In particular, it is strictly prohibited to use the Website's contents in order to include them, totally or partially, in other websites other than the Website, without prior written authorization from Progenika.

References to names, commercial brands or trademarks, logos, or any other distinctive signs, either held by Progenika or by other companies, carry an implied prohibition on their use without prior consent from Progenika or their legitimate owners. In no event, unless expressly stated otherwise, shall accessing or using the Website and/or its contents grant the User any rights to the brands, logos, and/or distinctive signs protected by law contained therein.

All intellectual and industrial property rights are reserved. In particular, modifying, copying, reusing, exploiting, reproducing, transforming, publicly communicating, republishing or subsequently publishing, downloading files, e-mailing, transmitting, using, processing, or distributing the contents and products included on the Website in any way, totally or partially, for public or commercial purposes, is prohibited without the prior express written authorization of Progenika, or when applicable, of the holder of the rights in question.

Non-compliance with the foregoing will entail that the User will hold Progenika, along with any other license holders of said company, harmless from any claims made against them by third parties, whose intellectual and/or industrial property rights may have been infringed upon by the User's violation of said rights.

5.   RESPONSIBILITIES

Progenika cannot guarantee the reliability, usefulness, or veracity of the information provided through the Website. The information contained herein is not intended to replace the advice or assessment of your physician or any other health professional. The User must not use the information on the Website to diagnose a disease or health problem. Instead, they must always consult with a pharmacist or any other health professional.

Consequently, Progenika does not guarantee and is not liable for: (i) the continuity of the Website's contents; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and/or other harmful components on the Website or the server that provides it; (iv) the invulnerability of the Website and/or the inexpugnability of the safety measures adopted on it; (v) the lack of usefulness or efficiency of the contents or products offered on the Website; (vi) damages or losses a person may cause, to themselves or to a third party, by violating the terms and conditions, rules, or instructions Progenika has established on the Website or by violating the Website's security systems.

However, Progenika declares that it has adopted all necessary measures within its means and the generally accepted technical standards to guarantee the Website's functionality and to avoid the existence and transmission of viruses or other harmful components to Users.

Should the User become aware of the existence of any content that is illicit, illegal, or in violation of the applicable laws or that could imply an infringement of intellectual and/or industrial property rights, they must notify Progenika immediately, in order for the latter to be able to take appropriate action.

6.   LINKS POLICY

In order to help the User search for information about other products or services of interest, the Website may offer links to other websites in the form of various buttons, links, banners, etc., managed by third parties. Progenika possess neither the capacity, the human resources, nor the technical means to be familiar with, control, or approve all the information, contents, products or services provided by other websites to which the Website may provide links.

Consequently, Progenika does not assume any kind of liability for any aspect related to a website, to which the Website may provide a link, specifically including but not limited to, those concerning the website's functionality, access, data, information, files, quality, or the reliability of the website's products and services, or the links it may contain and/or its contents in general.

In this respect, should Users indeed become aware of the illicitness of the activities carried out through these third-party websites, they must communicate it to Progenika immediately in order for the latter to disable the link in question.

The establishment of any kind of link on the Website to another website shall not imply the existence of any kind of relationship, collaboration, or dependence between Progenika and the person responsible for said website.

7.   MODIFICATION OF TERMS AND CONDITIONS OF USE

Progenika may modify the terms and conditions stipulated herein, totally or partially, by publishing any changes in the same manner in which these Terms and Conditions of Use appear, or by means of any kind of communication addressed to the Users.

Therefore, the temporary validity of these Terms and Conditions of Use shall extend for as long as they are made available to the Users, or until they are totally or partially modified, at which point the modified Terms and Conditions of Use shall enter into effect. Notwithstanding the foregoing, accessing the Website by the User will imply express acceptance of the modifications that may have been introduced to these Terms and Conditions of Use.

Progenika may terminate, suspend, or interrupt, at any time, without prior notice, access to the Website's contents, without granting the User the right to claim indemnities of any kind. After said expiry, the prohibitions on the use of contents previously set forth in these Terms and Conditions of Use shall remain in effect.

8.   GENERAL ASPECTS

In the event that any of the provisions in these Terms and Conditions of Use be deemed null and void or inapplicable, totally or partially, by any court, tribunal, or competent administrative body, said nullity or inapplicability shall not affect the remaining provisions of these Terms and Conditions of Use.

Non-exercise or non-enforcement on the part of Progenika of any right or provisions contained in these Terms and Conditions of Use shall not constitute a waiver to them, unless Progenika acknowledges and agrees to such waiver in writing.

9.   APPLICABLE LAW AND JURISDICTION

The relationships established between Progenika and the User shall be governed by the laws of Spain, without prejudice to the fact that other legislation may be applicable pursuant to the provisions of Spanish and/or European Union laws concerning the applicable legislation and competent jurisdictions. However, in cases where the applicable legislation provides for the Parties to submit to a given jurisdiction, Progenika and the User, expressly waiving their right to any other jurisdiction to which they might be entitled, shall file any disputes and/or litigations before the Courts and Tribunals of the city of Barcelona.

January 2017

 
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