2/ GENERAL CONDITIONS
2.1. Use of the Site
The user may download material displayed on the Site for non-commercial and personal use only, provided that the user preserve all copyright and other proprietary notices contained in the materials. The user shall not, however, distribute, modify, transmit, use, re-use or re-post the content of the Site for public or commercial purposes, including texts, images, audio materials and video without Sebia's prior written consent.
User is informed, that all materials provided on the Site such as texts, illustrations, logotypes and photos, are copyrighted and are the exclusive property of Sebia and shall not be used without the prior written consent of Sebia, save as otherwise provided in the General Conditions.
Sebia neither warrants nor represents that the use of the materials displayed on the Site will not infringe any rights of third parties affiliated with Sebia.
2.2. Update of the Information on the Site
Sebia uses reasonable efforts to include accurate and up-to-date information on the Site, but Sebia makes no warranties or representations as to its accuracy. Sebia shall not be liable for any errors or omissions in the content of the Site.
2.3. Disclaimer
Use of the Site is at user’s own risks and its full responsibility. Neither Sebia nor any other party involved in the creation, development, production or in the displaying of the Site shall be liable for any direct or indirect, incidental, consequential or not, or punitive damages arising out of the access to, or the use of the Site or of any content thereof. Without limiting the foregoing, everything on the Site is provided to the user on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Sebia makes no warranties or representations that the Site is free from errors, virus or other harmful materials nor that it will run without disruption.
Sebia assumes no responsibility, and shall not be liable for any damages to the user computer equipment or other property on account of user’s access to the Site, or use of the Site, or browsing in the Site or downloading by user of any materials, data, text, images, video or audio from the Site.
2.4. Information Provided by User
Unless for personal data which are subject to our Privacy Policy Statement (See article 3 of the present) any communication or material that user transmit to the Site by email or by any means and any material supports is, and will be treated as, non-confidential and non-proprietary and may be freely used, reproduced, disclosed, published, broadcasted and otherwise disposed of, by Sebia or its affiliates for any purposes whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
2.5. Trademarks
All trademarks, logos and service marks displayed on the Site (collectively the "Trademarks") are registered marks, or not, protected by use, legally owned by Sebia or by other parties.
Notably without being limited to: SEBIA, GELSCAN, HYDRAGEL, HYDRAGEL SEBIA, MINICAP, SEBIA CAPILLARYS, CAPILLARYS, CAPILLARYS SEBIA, HYDRASYS, HYDRASYS SEBIA which are registered trademarks used by Sebia or by affiliates of Sebia.
Any other name or trademark is the property of its respective owner.
Nothing contained on the Site should be construed as granting to the user, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademarks owner. The misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these General Conditions, is strictly prohibited. The user is informed that SEBIA will enforce its intellectual property rights to the fullest extent of the law, including the seeking of legal prosecution.
2.6. Copyrights
The Site and its content, including without limitation any drawing, article, diagram, image, picture, video material, sound material and any other material contained herein ("Materials"), are protected by copyrights, author rights, neighbouring rights and/or other intellectual property rights according to French and International Laws and Treaties on Intellectual Property and Privacy Protection. Such Materials are either the property of Sebia or of third parties that have granted to SEBIA the rights and licenses to use them herein.
The reproduction and use of any Material is hereby authorized for user’s personal information and knowledge of Sebia's group and its products, to the exclusion of any commercial purpose whatsoever, provided that any such use and reproduction retains all copyright and other proprietary notices.
Any reproduction or use of the Materials and any part thereof other than for personal and private use is strictly prohibited without Sebia's prior written consent.
Distribution, reproduction, representation, adaptation, modification, publication, transmission, translation, sale, and otherwise disposal of all or part of the Materials as well as of the presentation and the organization of the Site, in any form and by any mean whatsoever, is strictly prohibited without the prior written consent of Sebia.
2.7. Links to other websites
The Site may contain links or advertisements, which link to other Internet sites of our commercial partners such as supplier or any related company (hereafter referred as “Third Party Sites”). Sebia has no control on the content of such Third Party Sites, nor control of the sites that may be linked to Third Party Sites. It is hereby agreed that Third Party Site have their own privacy policy and general conditions thus Sebia shall not be responsible for the content of Third Party Sites linked to the Site.
The user is informed that Third Party Sites may contain inaccurate or obsolete information and so the use of Third Party Sites is at the user‘s own risks.
2.8. User’s liability
Sebia may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Site; Sebia is under no obligation to do so and assumes no responsibility or liability arising from the content of any such information nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. User is informed that it is prohibited to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material(s) or any material(s) that could constitute or encourage conduct that would be considered as a criminal offence. Such use of the Site engages user’s civil and/or criminal liability.
2.9. Softwares
Utility softwares may be necessary during the use of the Site. User is aware that the use of these softwares may be subject to French, United States or any other country's export laws, rules and regulations, as amended from time to time. It belongs to the user to verify the local laws and/or regulations applicable before downloading or exporting any software necessary for the use of the Site.
2.10. Public Health Information provided on the Site
The Site may from time to time contain information relating to various medical and health issues. This is for general information purposes only and is not meant to be substitute to the advice provided by physician or other competent medical professional. User shall not use the information contained herein for diagnosing anybody's health or for the diagnostic of any fitness problem or any disease. User must always consult a physician and/or a professional medical consultant.
2.11. Amendment
Information contained on the Site that relates to Sebia's products and services shall not be legally binding. Sebia reserves the right to update and amend the Site and any information contained herein, including but not limited to these General Conditions. The user is bound by any such revisions and should therefore periodically visit this page to review the then current General Conditions, to which user is bound.
2.12. Applicable Law
The General Conditions shall be construed by French law. The rights of the user that are not provided by the present General Conditions shall be determined by French law.
Any litigation related with the use and the browse of the Site, will be settled by the competent courts of Evry (91000) France.