12. Applicable law
16. Website hosting
1. Agreement between user and Dermosciences Ltd
The network of Web Sites (collectively, the “Dermosciences Ltd Web Sites”) operated by Dermosciences Ltd (“Dermosciences Ltd”) a company registered in Ireland under company number 411978 with a registered office at 22 Northumberland Road, Dublin, Ireland or its affiliates and/or subsidiaries is comprised of various Websites and Web pages. All references to “our”, “us”, “we”, or Company within these TCU are deemed to refer to Dermosciences Ltd. The Dermosciences Ltd Web Sites are offered to you conditioned on your acceptance of and compliance with TCU without modification of the terms, conditions, and notices contained herein.
Your access and use of the Dermosciences Ltd Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Dermosciences Ltd website included within the Dermosciences Ltd Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Dermosciences Ltd website, then these TCU shall control. Please read the following TCU carefully before using this website (this "Site"). By accessing or using this Site, you agree to these TCU and all applicable laws. If you do not agree to these terms you may not use and access again this Site.
2. Modification of these TCU
Dermosciences Ltd reserves the right to change - revise and update these TCUat any time. Dermosciences Ltd may also revise the terms, conditions, and notices under which the Dermosciences Ltd Web Sites are offered, including but not limited to the charges associated with the use of the Dermosciences Ltd Web Sites.
Moreover, certain provisions of these TCU may be superseded by expressly designated legal notices or terms located on particular pages at this Site. You are responsible for regularly reviewing these terms and conditions.
3. Use of site - Personal and non-commercial use limitation
Unless otherwise specified, the Dermosciences Ltd Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Dermosciences Ltd Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Dermosciences Ltd or to purchase Dermosciences Ltd products.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Dermosciences Ltd is strictly prohibited.
Harassment in any manner or form on the Site or any of the Dermosciences Ltd Websites, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Dermosciences Ltd employee, host, or representative or other members or visitors on the Site is prohibited.
4. Copyrights and trademarks
The entire content included in this Site, including but not limited to text, drawings, photographs, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the Irish and other copyright laws, and is the exclusive property of Dermosciences Ltd. The collective work includes works that are licensed to Dermosciences Ltd.
All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Dermosciences Ltd, or other respective owners that have granted Dermosciences Ltd the right and license to use such Marks. Any copying, reproduction (in whole or in part), transmission or re-transmission of the Marks for any reason and/or any linking to or framing, scraping or data mining for commercial purposes requires the prior written approval of Dermosciences Ltd and is otherwise not permitted. You are only granted a limited license to use a standard Web browser, download and view the Marks for your personal and non-commercial use.
4.1 Notices of claimed copyright infringement should be directed to:
22 Northumberland Road
By e-mail: email@example.com
(Please include "Notice of Infringement" in the subject line.)
5. Product specifications
All descriptive texts, drawings, pictures, colours, specifications and advertising on the Site are for the sole purpose of giving an approximate description of the products. The materials appearing on the Site could include technical, typographical, or photographic errors.
Dermosciences Ltd may make changes to the materials contained on its Site at any time without notice. Dermosciences Ltd does not, however, make any commitment to update the materials.
6. Term - termination
These TCU are applicable to you upon your accessing the Site and/or completing the registration process. Dermosciences Ltd may terminate the Site without notice at any time, with our without reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification and Applicable Laws shall survive any termination.
7. User submissions
Dermosciences Ltd makes no warranties, expressed or implied, that any of the materials, information, products and services on the Site or the content of any site or External Sites are accurate, complete, or current, correct, adequate, useful or otherwise.
Dermosciences Ltd does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
To the fullest extent permissible pursuant to applicable law, Dermosciences Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Dermosciences Ltd does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components.
10. Limitation of liability – Website use
To the fullest extent permissible pursuant to applicable law, under no circumstances including but not limited to, an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials or data available or sent from this Site, shall Dermosciences Ltd be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Dermosciences Ltd has been previously advised of the possibility of such damages,.
These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Dermosciences Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these TCU or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
12. Applicable law
These TCU shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of theses TCU is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any claim relating to the materials shall be governed by the internal substantive laws of Ireland.
We shall not be liable for any failure to perform any of our obligations under these TCU which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the TCU are solely used for the convenience of the parties and have no legal or contractual significance.
14. Unenforceable terms
If any provision of these Terms and Conditions of use shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
15. Help/Contact us
If you have any queries in relation to this Website, our products or any other matter relating to a sale or purchase of a Dermosciences Ltd product, please contact us at the following email address: firstname.lastname@example.org
16. Website hosting
OVH - SAS with capital of 10 000 000 €, RCS Roubaix – Tourcoing 424 761 419 00045 - Head office : 2 rue Kellermann - 59100 Roubaix - France - Phone. 0 820 698 765
17. Website development and maintenance
Agence Web CKC-Net - SARL with capital of 100 000 € - 1208 route des Lucioles - 06560 Sophia Antipolis - email@example.com - 09 72 37 42 87 - www.ckc-net.com
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