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When you access this website (“AquaPharm
Website”), you accept without limitation or qualification, the terms of use
(“Terms of Use”) set forth below and any additional terms of use set
forth in any related website. AquaPharm Laboratories (“AquaPharm”) reserves
the right to modify or update these Terms of Use at any time and changes will take
immediate effect upon posting. Your continued use of the AquaPharm Website will
bind you to such changes and you should regularly visit this page to review the
latest Terms of Use.
OWNERSHIP
Copyright
All materials on AquaPharm Website, including but not limited to images,
software, audio text and video clips (“Content”), are owned by AquaPharm.
You are not allowed to use the Content, except for the purposes specified herein.
Any unauthorized use of the Content may violate AquaPharm’s copyright laws
and trademark laws. You may view and download the Content for your own personal,
non-commercial use, provided you retain all copyright and proprietary notices contained
in the Content. You may not amend the Content in any way or reproduce, publicly
display, distribute or otherwise use the Content for any public or commercial purposes.
Any use of the Content on any other website or networked computer environment for
any purposes is prohibited.
Trademarks
AquaPharm trademarks, logo and service marks found on the AquaPharm Website
including those licensed by AquaPharm are registered and unregistered marks of AquaPharm
Laboratories. All other trademarks, trade names, product names, service marks are
property of their respective owners. Any use of trademarks, logo, service marks,
trade names and product names are prohibited without the written permission of AquaPharm
or the respective owners.
COMMUNICATIONS AND SUBMISSIONS
User Communications
Apart from Personal Identifiable Information, which is defined and covered
in AquaPharm’s Online Privacy Statement, any material, information or other
communication you send or post to the AquaPharm Website will be considered non-confidential
and non-proprietary ("Communication"). AquaPharm has no obligations with
respect to the Communications. AquaPharm have the right to edit, alter, broadcast,
post, publish, copy, disclose, distribute, incorporate and otherwise use the Communication
and images, sounds, text, and other things embodied therein for any and all commercial
purposes throughout the world in any medium. Furthermore, AquaPharm is free to use,
without any compensation to you whatsoever, any concepts, ideas, know-how or techniques
contained in any Communication for any purpose whatsoever, including but not limited
to developing, manufacturing, and marketing products using such information. You
agree that AquaPharm has no obligation to use any idea or material contained in
a Communication and you have no right to compel such use. You are prohibited from
posting or otherwise transmitting to or from this AquaPharm Website unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material that may violate
any law.
Transfer of Information over the Internet is not completely secure. Any Communication
that you send to this AquaPharm Website may be read or intercepted by others. Sending
a Communication to AquaPharm does not bind AquaPharm to have any special responsibility
to you.
User Submissions
AquaPharm is not obligated to accept or consider any ideas, suggestions
or materials, including ideas for new advertising campaigns, promotions, products
or technologies, processes, materials, from the public (“Submissions”)
and hence you are not encouraged to submit any Submissions to AquaPharm in any Communications
through this AquaPharm Website or otherwise. To protect AquaPharm, its parent company
and affiliates’ interests, and to avoid potential misunderstandings or disputes
in the event that AquaPharm’s products or marketing strategies might seem
similar to ideas submitted to AquaPharm, AquaPharm does not solicit Submissions
or agree to receive any confidential information from persons or entities outside
the AquaPharm group of companies. We can only accept ideas from the public if a
patent already covers the proposed idea, or if not issued as a patent, is public
information. Nonetheless, if you do send AquaPharm a Submission that has not been
patented or is not public information, it immediately becomes the property of AquaPharm
and AquaPharm shall exclusively now and hereafter own all rights, title and interest
therein.
Links
The AquaPharm Website may provide links to third-party websites for your
convenience and information. If you access those links, you will leave the AquaPharm
Website. AquaPharm has no control over those sites or their privacy practices, which
may differ from AquaPharm’s. We do not endorse or make any representations
about third-party websites. AquaPharm’s Online Privacy Statement does not
cover the personal data you provide to unrelated third parties. You should review
the privacy policy of any company before submitting your personal information.
Contest and Other Promotions
This AquaPharm Website may contain contests or other promotions ("Promotions")
that offer prizes or require you to send in material or information about yourself.
Each Promotion has its own terms and conditions, which you must read and agree to
before you may enter. Please also see AquaPharm’s Online Privacy Statement
for further information.
RULES FOR TEENAGERS (UNDER THE AGE OF 16)
If you are under 16, you must ask your parents or guardian before you:
- E-mail the AquaPharm Website, or ask us to e-mail anything to you;
- Send in any information;
- Enter any contest, or promotion that requires information about you or offers a
prize.
Availability of Products and Services
The products and services displayed on this AquaPharm Website are subject
to availability in your particular country or locality. The reference to such products
and services in the AquaPharm Website does not imply or warrant that these products
or services will be available at any time in your particular location.
Website information regarding AquaPharm products and services, including their availability,
appearance, price and specifications are subject to change anytime without prior
notice. Such information will not constitute a representation, warranty or other
commitment by AquaPharm with respect to any product or service and AquaPharm hereby
disclaims all warranties, expressed or implied, as to the accuracy suitability for
any purpose or completeness thereof.
Disclaimer
Your use and browsing of the site is at your risk. This AquaPharm website
(including all contents and functions made available on or accessed through this
AquaPharm website) is provided "as is". To the fullest extent permissible
by law, with regard to the content on this AquaPharm website, AquaPharm makes no
representations or warranties of any kind whatsoever (1) for the accuracy, merchantability,
fitness for a particular purpose or non-infringement of any content published on
or available through the AquaPharm website, (2) that the server that makes this
site available is free of viruses or other components that may infect, harm or cause
damage to your computer equipment or any other property when you access, browse,
download from or otherwise use the AquaPharm website.
Under no circumstances, including but not limited to AquaPharm’s negligence,
will AquaPharm or any other party involved in creating, hosting or delivering the
website, be liable for any direct, indirect, incidental, consequential, special,
punitive or other damages whatsoever arising out of your access to, or use of, the
AquaPharm website, even if AquaPharm has been advised of the possibility of such
damages. Please note that some jurisdictions may not allow the exclusion of implied
warranties or conditions, so some of the above exclusions may not apply to you.
Check your local laws for any restrictions or limitations regarding the exclusion
of implied warranties. AquaPharm also assumes no responsibility, and will not be
liable for any damage to or viruses that may infect your computer equipment or other
property, or for any loss or corruption of data on account of your access to, use
of, or browsing in the site, or your downloading of any materials, data, text, images,
video, or audio from the AquaPharm website. In no event shall AquaPharm’s
total liability to you for all damages, losses and causes of action (whether in
contract, tort or otherwise) exceed the amount paid by you, if any, for accessing
the AquaPharm website.
Indemnification
You agree to indemnify, defend and hold AquaPharm and all of its agents,
directors, employees, information providers, licensors and licensees, officers and
parent, (collectively "Indemnified Parties") harmless from and against
any and all liability and costs (including, without limitation attorneys' fees and
costs), incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these Terms of Use of the foregoing representations,
warranties and covenants. You will cooperate as fully as reasonably required on
AquaPharm’s defense of any such claim. AquaPharm reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you will not in any event settle any matter
without the written consent of AquaPharm.
General Provisions
These Terms of Use and those found in AquaPharm’s Online Privacy
Statement set forth the entire understanding and agreement between you and AquaPharm
with respect to the AquaPharm Website. If any provision of these Terms of Use shall
be unlawful, void or for any reason unenforceable, the provision will be deemed
severable from these Terms of Use and shall not affect the validity and enforceability
of other remaining provisions.
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