Terms of Use
This website is produced by Schering-Plough Canada Inc. This website and all information contained therein are intended for access and use by Canadian residents only. These Terms of Use contain important information and describe your rights and responsibilities; please read them carefully.
-
Use of Website
These Terms of Use are a legally binding agreement and set out the rights and obligations Schering-Plough Canada Inc. (“Schering”, “we” or “us”) and you, in relation to your use of the www.coppertone.ca and photoalbum.coppertone.ca website (the “Site”) and the services offered through the Site (the “Services”). By contacting us through the Site and/or by otherwise using the Site, you agree to be bound by the terms of these Terms of Use. If you do not agree with any of these terms, please do not use this Site.
Schering may amend these Terms of Use from time to time. Any changes we make will be effective on the date indicated in the relevant notice, or if no such date is indicated, seven (7) days after notice of any change is provided to you, which may be done by various means including, without limitation, by posting such notice on the Site or, if we deem it appropriate, via electronic mail. If you object to any such changes, you must cease using the Site and the Services from the date when the changes come into effect. Your use of the Site or Services after such changes come into effect will be deemed an acceptance by you of such changes. It is your responsibility to ensure that you are aware of, read and understand any amendments to these Terms of Use.
-
Exclusion of Warranties
All product or other information displayed on this Site (the “Information”) is intended to be used for informational purposes only and should not be relied upon or interpreted as a recommendation for any specific treatment plan, product or course of action, as the case may be. The Information on this Site is not intended to be used as a substitute of any kind for professional advice, including medical diagnosis or treatment. You should not act or rely on any of the Information without seeking the advice of a qualified professional where appropriate. All products should be used strictly in accordance with their instructions, precautions and guidelines. The Site, the materials on the site, and any Service obtained or accessed through the site are provided “as is” and without representations or warranties and there are no conditions of any kind, either express or implied to the fullest extent permissible pursuant to applicable law. Schering, its affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, merchantable quality and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on the Site. You assume total responsibility and risk for your use of the Site and your reliance thereon.
Without limiting the foregoing, Schering expressly excludes any liability for any of the following: (a) fraud by any user of the Site or any third party; (b) any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Site or any Services; (c) any failure by Schering to ensure that it does not breach any copyright or other intellectual property right of any third party; (d) any link on the Site to any other website or part of the Internet; and (e) loss or damage caused by delay or errors in or the downtime of the Site (or servers) or the Services, or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even if Schering has been advised of the possibility of such loss or damage; provided that nothing in these Terms of Use is intended to limit or exclude any liability on the part of Schering where and to the extent that applicable law prohibits such exclusion or limitation.
-
Indemnity
You agree at all times to indemnify, defend and hold harmless Schering, its agents, affiliates, directors and employees against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Schering directly or indirectly in respect of your use of the Information or the web site.
-
Limitation of Liability
Schering, and its affiliates, licensors, suppliers, advertisers, agents or sponsors, are not responsible or liable for any direct or indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory arising out of or relating in any way to the Site, Services or content contained on the Site. You agree that your sole remedy for dissatisfaction with the Site (or any Service and/or content contained within the Site) is to stop using the Site. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.
-
Ownership and Restrictions on Use
Except as otherwise indicated, all Information, reports, web pages, graphics, databases, files, software, other works, trade names, trade-marks, works, designs, copyrights, inventions and confidential information, or other intellectual property and proprietary rights, whether registered or not, as used, reproduced or embodied in this Site, including the manner in which the information is presented or appears and all information relating thereto, is the property of Schering and/or its affiliates, licensors, suppliers, advertisers, or agents or sponsors. Except for a single copy made for personal, non-commercial use only, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. Schering does not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.
Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or trade name of Schering or its affiliates, licensors, suppliers, advertisers, representatives or agents.
-
Personal Information
In order to use certain parts of the Site, you may be asked to supply personal data. Our policy with respect to the collection and use of your personal data is set forth in the Privacy Policy available by clicking on the following link: http://www.merck.ca/mfcl/en/global/policy_terms/policy/home.html. By agreeing to these Terms of Use, you consent to our use of your personal information as set forth in the Privacy Policy. Schering may access, preserve and disclose your information if required to do so by law or if reasonably necessary to (i) respond to your requests for customer service, (ii) respond to claims that any of the Materials (described below) violates the rights of third parties, (iii) enforce these Terms of Use, or (iv) as required by law.
-
Misuse and Prohibited Uses of the Site
-
Misuse of the Services
We reserve the right to suspend or terminate your use of the Site or any of the Services in the event that we determine, in our sole discretion, that your conduct breaches of any of the provisions of these Terms of Use, including, without limitation, the provisions set forth below. You agree to defend, indemnify and hold harmless Schering, its affiliates and their respective officers, directors, agents, employees and representatives, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of any kind, including reasonable legal fees, arising out of your use of and access to the Site and the Services in violation of any term of these Terms of Use, your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right), or any claim that any Material violated the rights of any third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Services.
-
Prohibited Uses
You are responsible for ensuring that your use of the Site is in compliance with any applicable laws or regulations. Without limiting the generality of the foregoing, you agree not to:
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access.
- Post, store, or transmit any unlawful, threatening, defamatory, indecent, obscene, menacing, pornographic, profane, or otherwise objectionable (as determined by us) information or material, or any information or material that could constitute or encourage racial prejudice or hatred or conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose.
- Misuse any e-mail function available on or through the Site. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account without consent from the recipient, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk emails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
- Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
- Use the Site for any unlawful purposes; or
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
-
-
Feedback
Because we host a Contact Us function on the Site and therefore may receive material from you, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub licensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, produce, communicate to the public, display, publish, translate and create derivative works of such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. You hereby expressly waive any moral rights you may have in any Materials. You further agree to execute or accomplish all acts necessary to give effect to this Section, at no cost to us.
-
Services
Your use of certain Services on the Site may be governed by additional rules, which are available on the entry page for the relevant Service or by hyperlink to other sites. By using any Service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. Schering is not responsible for the content of third party sites or the provision of any services by any third party.
You acknowledge that you are responsible for obtaining and maintaining all communication, computer hardware and software and other equipment needed to access and use the Site, and all charges related thereto.
-
Links to Other Websites
The Site may contain links to other websites or resources. We neither control nor endorse such other websites, unless specifically stated, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
-
General
Changes to the Site
Schering may at any time, without prior notice (a) change or eliminate any component of the Site, and/or (b) impose, remove, or change any fees or charges for use of the Site or any feature, including any Service, thereof.
Termination
These Terms of Use shall remain effective until terminated in accordance with its terms. Schering reserves the right, at any time, without notice and in its sole discretion, to terminate these Terms of Use and/or your access to and use of the Site or Services or any portion thereof, and to block or prevent your future access to and use of the Services and the Site.
Jurisdiction
Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws applicable to them. We reserve the right to limit the availability of the Site and/or the provision of any Service described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the Services that we provide. These Terms of Use and all contractual and other relationships which arise out of the Site and/or Services are governed by the laws of the Province of Quebec and the laws of Canada applicable therein. You submit to the non-exclusive jurisdiction of the courts of the City of Montreal in relation to disputes arising in connection with these Terms of Use, the Site and/or the Services.
Miscellaneous
Schering shall be entitled to assign, transfer or subcontract any or all of its rights, benefits or obligations under these Terms of Use. You may not, without the written consent of Schering, assign or dispose of any or all of your rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, these Terms of Use shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. The terms of these Terms of Use shall not be enforceable against Schering by any person who is not a party to these Terms of Use. Schering shall not be liable for any failure to perform any of its obligations under these Terms of Use caused by matters beyond its reasonable control. The parties have expressly requested that these Terms of Use and any documents related thereto be drafted in English. Les parties ont expressément requis que les présentes conditions d’utilisation et tous les documents y afférents soient rédigés en langue anglaise.
Questions regarding these Terms of Use should be directed to Schering via the following email address: info@coppertone.ca
Last updated on: April 21, 2011
