Legal Notice
This website, its sub-domains and/or directories, applications and functions and any related information and communication including e-mails (the “Site”) are operated by Bristol Myers Squibb spol. s.r.o., with its seat at Budějovická 778/3, 140 00 Praha 4 – Michle, ID No.: 430 04 351, registered in the Commercial Register under the File No. C 4801 maintained by the Municipal Court in Prague (“BMS”).
Acceptance of Agreement. The use of the Site is subject to this legal notice, the privacy policy, pharmacovigilance notice, any notices and instructions that may be displayed by BMS when accessing the Site and applicable legal regulations. All users are therefore requested to read this legal notice carefully. If the user does not agree with any of the terms and conditions contained herein, then the user should leave this Site and not access it anymore. By using this Site, the user confirms that he/she has been fully acquainted with this legal notice and agrees with it. By using this Site, the user further acknowledges that any previous agreements between the user and BMS regarding the use of this Site have been fully superseded by this agreement.
Scope of Use. BMS maintains the Site for personal information, education, and communication of users. The user may not use the Site to offer his/her own services and/or products or to offer services and/or products of any third parties, and the user may not exercise, through the Site, any promotional or business activities and may not use the Site for any illegal purposes or for any purposes that are contrary to good morals or the public order, or for any other purposes contrary to this legal notice. Any opinions and recommendations expressed by users of the Site represent their own opinions and recommendations and may not be regarded as a recommendation or encouragement to purchase any products or services including products and/or services of BMS or companies from the Bristol Myers Squibb Group. The user may download or otherwise disclose the content of the Site and any materials displayed on the Site for non-commercial, personal use only and must at each time observe any and all legal regulations applicable to the protection of copyright, other intellectual property rights and this legal notice. The user may not, without prior written permission, download, display and/or use the content of the Site or any materials displayed on the Site for commercial purposes, i.e. may not distribute, modify, transmit, reuse for any other than the permitted purposes, reset, refer to or otherwise use the content of the Site or materials displayed on the Site, whereas BMS may revoke its permission at any time. The protection applies to any text, photos, graphs, charts, images, symbols, technologies, software, audio and audio-visual content, graphic design, source codes and object codes, e-mail addresses and links (to the Site and/or any related sub-domains and/or directories) contained on the Site.
Target Group and Target Area. This Site is only intended to be used in the Czech Republic by users from the target group which may be represented by healthcare professionals, patients and general public. Pursuant to the requirements of due care, BMS ensures that the content of the Site and materials displayed on the Site comply with applicable legal regulations. Due to this limitation regarding the use of this Site, BMS cannot be liable that the content of the Site or materials displayed on the Site will also be appropriate or available outside the Czech Republic and/or if used by any user who does not belong to the target group. Any users of the Site who do not belong to the target group and/or who access the Site from a territory outside the Czech Republic should not use this Site. Those users who choose to use the Site from a territory outside the Czech Republic do so on their own initiative and are responsible for compliance with applicable local laws.
No Medical Advice. This Site is not intended to provide any medical advice. Therefore, BMS does not provide any medical advice through the Site. In general, BMS is not engaged in rendering any medical professional services and may only provide information regarding products and/or services of BMS or companies from the Bristol Myers Squibb Group. Information provided on the Site is not intended to and cannot replace medical advice and recommendation of healthcare professionals. If the user desires or needs such medical services or advice and recommendation, the user should directly consult healthcare professional. If the user is a healthcare professional, then he/she should not, in relation to any specific information regarding a certain disease and/or detection, diagnosis, prognosis, drug administration and suitable treatment, refer only to information displayed on the Site. BMS notes that despite regular updates of the content of the Site and materials displayed on the Site, the user is always required to get acquainted with full official information on the medicinal product.
Copyright Protection. The content of this Site and materials displayed on the Site are protected by copyright and other intellectual property rights and may not be used without prior written permission of BMS except as provided in this legal notice, in the respective content or material or in the applicable legal regulations. BMS cannot be liable if the content of the Site or materials displayed on the Site used by the user will infringe rights of any third parties.
Trade Names. The trademarks, trade names, logos and service marks (jointly the ”Trade names“) available on the Site are registered and unregistered Trade names of BMS or companies from the Bristol Myers Squibb Group, their affiliates all over the world or any third parties. Nothing contained on the Site can be construed as granting, by implication, estoppel or otherwise, any license to use any Trade name without the written permission of BMS or such third party that may own the Trade names displayed on the Site. The use of the Trade names available on the Site contrary to this legal notice or any applicable legal regulations is strictly prohibited. BMS notes that in case that any rights regarding its Trade names are infringed, BMS will enforce its rights to the fullest extent permitted by applicable legal regulations.
Liability for Content. Pursuant to the requirements of due care, BMS ensures that the content of the Site and materials displayed on the Site are accurate and up to date (by compliance with any and all internal control and approval processes applicable to the entire content and materials). Any persons appearing on the Site are for illustrative purposes only. Unless stipulated otherwise, all such persons are model examples only, and no real patients. BMS limits and excludes, to the fullest extent permitted by the law, its liability for any errors or for the completeness and up-to-datedness in the content of the Site or materials displayed on the Site. Without limiting the foregoing, the entire content of the Site and materials displayed on the Site is provided ”as is“ without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of usability, fitness for a particular purpose or non-infringement of any rights of third parties. BMS is not and may not be liable if the Site is used contrary to this legal notice, the privacy policy and applicable legal regulations. The user is solely responsible for the use of the Site. In the event that the user comes across any content which is contrary to this legal notice, the user should notify BMS without undue delay.
Limitation of Liability. Pursuant to the requirements of due care, BMS ensures high technical standards and adopts appropriate technical and organizational measures to ensure the functionality and safety of the Site. Despite the above, the use of the Site is at each user’s own risk. Neither BMS nor any other party involved in developing, creating or making the Site available is liable for any direct, consequential or indirect harm caused to the user as a result of using the Site. BMS is not and cannot be liable for any harm or damage caused to the user’s device or for any viruses that may infect the user’s computer equipment on account of the user’s use of the Site, i.e. in particular when the user views or downloads the content of the Site or any materials displayed on the Site, in particular any data, text or images. This also applies to any technical problems that will result in full or partial unavailability and affect due functioning of the Site.
Transmission of Information. Certain sections of the Site enable users through blogs, online forums, chats or social networks to provide or exchange their own comments, opinions, materials or any other type of information and to submit e-mails, or otherwise provide feedback to BMS. BMS is not and cannot be liable for any content in these forums made by users. Therefore, the user is always solely responsible for the provided information, data, comments, opinions and/or materials. Users may not display on the Site or provide or exchange any comments, opinions, information or materials that are illegal or contrary to good morals or the public order, or such that would otherwise be considered to be immoral, and any such opinions, information or materials that are untrue, unfair, imbalanced, exaggerated, inappropriate, inaccurate, threatening, libellous, defamatory, obscene, injuring, offending, derogatory, indecent, rebellious or pornographic or any materials that are or could be considered to be profane or could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any applicable legal regulations or codes or regulations of the pharmaceutical industry, or such that are not convenient for the respective target group. In particular, users may not post or add any comments, opinions, information or materials which (a) infringe the rights of others (e.g. violate their privacy or publicity rights), (b) are protected by copyright, trademark or other rights, unless with the consent of the owner of such right, (c) contain a virus, bug or other harmful item, or (d) are used to unlawfully collude against another person in restraint of trade or competition. The user shall be solely liable for any harm caused by any infringement of copyright, trademark, or other rights of third parties, or any other harm caused by the user’s use of the Site. Notwithstanding the above, BMS reserves the right to deny access to any services provided that BMS learns that the Site has been used by the user contrary to this legal notice or the applicable legal regulations (e.g. if any content is displayed which is illegal, contrary to good morals or the public order, or any content contrary to this legal notice, any use which harms or might harm BMS or the Bristol Myers Squibb Group or any of its members etc.). In addition, BMS reserves the right to delete any content.
Handling of Data. The handling of “personal data” is governed by the privacy policy. However, any data or material posted or transmitted to the Site by electronic mail or otherwise that is not personal data, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary, unless the context requires otherwise. The user understands that BMS may use any and all such data or materials posted or transmitted by the user to the Site for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, BMS is free to use any ideas, concepts, know-how, processes, procedures or techniques contained in any communication of the user posted or transmitted to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing and selling products and services using such ideas, concepts, know-how, processes or procedures in accordance with applicable legal regulations. Any data and materials posted or transmitted by a user to the Site must be accurate, complete and true (including any data provided when filling-in any forms on the Site). The user is responsible that any data posted or transmitted by such user is up to date. The user is solely liable if any data and materials posted or transmitted by such user to the Site is inaccurate, incomplete or untrue and, in accordance with applicable legal regulations, for any harm caused to BMS or any third party as a result of having used the information, comments, opinions or materials posted or transmitted to the Site.
Links to Other Sites. Links to any other websites not operated by BMS are only and exclusively provided for the user’s comfort and there are no implications that BMS would recommend or support such sites of any third parties. BMS neither reviews nor checks any of the sites linked to the Site and is not and cannot be liable for the content of any off-site pages or any other sites linked to the Site. The linking to any other off-site pages or other sites is at the user’s own risk. It is the user’s duty to make sure that the user belongs to the target group of the linked site and of the content displayed at such site and that the user’s access to such site complies with applicable legal regulations. Once the user links to another site, it is advisable to read the legal notice and privacy policy of such other site as it may be different from that governing this Site.
Governing Law. This legal notice and the use of the Site is governed by the laws of the Czech Republic, without regard to conflict of laws provisions. The courts of the Czech Republic have exclusive jurisdiction in all questions and controversies arising out of the use of the Site and this legal notice.
Binding text. This legal notice are executed in the Czech and English language versions. In case of any discrepancy between the two language versions, the Czech version prevails.
Existence of the Site. To the extent permissible by applicable legal regulations, BMS is at any time authorized to modify, in full or in part, and/or to temporarily or permanently block or delete the Site, the content or materials displayed on the Site, or any functions or services.
Modification of Agreement. BMS may change this legal notice whenever such change is reasonably necessary. BMS can especially modify the purpose, means and scope of use of the Site, definition of target group and area, liability for content and limitation of liability, transmission of information and handling data, for the reasons including change of legal regulations, change of the Site or its functions including their cancellation, change of business strategy and other personal or proprietary reasons of BMS. If any terms and conditions contained in this legal notice are changed, the notice of such change will be will be posted on the Site. In case that the user does not agree with a substantial change of the legal notice, he/she can anytime stop using the Site.
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