Terms and Conditions
Term Of Use
Date of Last Revision: June 7, 2017
- User Content :
- You remain fully responsible for the materials that you provide to us through the Services or otherwise, including without limitation, information, stories, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques, or other materials submitted, posted, uploaded, sent, or otherwise transmitted to us (“User Content”). You may only provide User Content that you have the right to provide. By providing User Content in relation to the Services, You represent and warrant to us that you have obtained all necessary permissions, including the right to use an individual’s likeness in our advertising and marketing activities, from any individuals identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
- For User Content that is covered by intellectual property rights, you hereby grant to us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works from, make, sell, export, and otherwise use your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby consent to BioMarin doing or omitting to do anything with the User Content that may otherwise infringe your Moral Rights, including using the User Content without attribution of authorship or editing or adapting the User Content, and agree not to assert any Moral Rights in respect of your User Content against BioMarin. In the Terms “Moral Rights” means rights of attribution of authorship, rights not to have authorship falsely attributed, rights of integrity of authorship, and rights of a similar nature conferred by statute (including, without limitation, the Australian Copyright Act 1968 (Cth)), that exist, or may come to exist, anywhere in the world.
- We respect other people’s rights and require you to do the same. As such, You agree not to provide User Content that:
- Infringes on the copyright, trademark, patent, or other intellectual property rights of any third party;
- Is false, misleading, deceptive, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
- Violates a third party’s right to privacy or publicity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation or preference, disability, political beliefs or other classification;
- Contains epithets or other language or material intended to intimidate or to incite violence;
- Contains a virus, worm, Trojan Horse, time bomb, or any other harmful malware, program or component;
- Contains any unauthorized commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
- Violates any applicable local, state, national, or international law, or advocates illegal activity.
- We are not obligated to publish or use your User Content. BioMarin is not in any manner endorsing the User Content and cannot, and will not, vouch for its reliability. We do not guarantee any confidentiality with respect to any User Content. Please do not send us any confidential information. BioMarin is not responsible for any User Content and has no duty to monitor the User Content posted on the Services. You use any information contained in User Content at your own risk. The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or these Terms. You will not continue to post any User Content that BioMarin has previously advised you not to post.
- Prohibited Conduct
We do our best to keep the Services safe, but we cannot guarantee it. We need your help to keep the Services safe which includes certain commitments by You. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, or otherwise interfere with the operation of the Services, or in a manner that violates any law(s). Specifically, and without limitation, You may not:
- Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity or the origin of any information You provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software components comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Do anything that could disable, overburden, or impair the proper working or appearance of the Services such as a denial of service attack or which otherwise interferes with the Services including taking any other action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus, spyware, malware or similar items or is otherwise harmful to BioMarin or its users’ computers or systems;
- Use the Services to send unauthorized commercial communications or cause to be sent any communication (including e-mail) to other users without their consent (e.g., “mailbombs” or “spamming”);
- Cause damage, embarrassment, or adverse publicity to BioMarin;
- Facilitate or encourage any violations of these Terms by others;
- Use the Services to do anything unlawful, misleading, malicious or discriminatory; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
- Eligibility and Registration You may be asked to register for certain activities in connection with the Services by creating a user profile. This registration may allow You to participate in interactive features of the Services, such as forums or discussion boards. When you register, You agree to provide accurate, current, and complete information about Yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. BioMarin has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that You are given or select in connection with the Services, and You are responsible for all activities that occur under your password or account.
- Intellectual Property
We respect other people’s intellectual property rights and require that You do the same.
- The Services are protected under the copyright, trademark, and other intellectual property laws of the United States, Australia and other countries. All intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under U.S., Australian and international intellectual property laws. Except for Your User Content, You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services, including without limitation, the BioMarin name and logo, without our written consent. You may provide a link to the top page of the Services unless and until BioMarin gives notice that You must discontinue linking to the Services.
- We provide You with the tools to help You protect Your intellectual property rights. If You believe in good faith that Your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement or unauthorized use, please provide our designated agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that BioMarin may contact you if necessary;
- A statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statutory declaration given by You (prepared and executed in accordance with the applicable laws in the State or Territory of Australia in which you reside) that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
- We can remove User Content and information You post or submit through Your use of the Services at our sole discretion, including without limitation, if we believe it violates these Terms or our policies. If we remove Your User Content for infringing someone else's copyright and You believe we removed it by mistake, we may provide you an opportunity to appeal.
- If You believe that a user of the Services is a repeat infringer, please contact BioMarin’s designated agent, and provide enough information for us to verify that the individual is a repeat infringer.
- BioMarin’s designated agent for notice of claims of alleged copyright infringement is: Eric Davis Copyright Agent 105 Digital Drive Novato, CA 94949 Phone: (415) 506-6700 firstname.lastname@example.org
- Third-Party Content and Links To Third-Party Websites The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at Your own risk. There are risks in dealing with third parties through this Website and You should choose carefully the information You post on this Website and that You give to other Website users. You assume all risks associated with dealing with other users with whom You come in contact through this Website, including in relation to offensive, harmful or inaccurate information provided by other users.
- Amendments In our sole discretion, we may notify You when we make changes to these Terms, policies or guidelines. Regardless of whether notification is provided directly or through posting of amended Terms, Your continued use of the Services following the changes to these Terms constitutes Your acceptance of our amended Terms, policies or guidelines.
- Termination If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services to you. Additionally, BioMarin and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to Your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.
- If anyone brings a claim against us related to Your actions, User Content or otherwise related to Your information and/or use of the Services, You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Services and are not responsible for the User Content or information users transmit or share on the Services. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Services. We are not responsible for the conduct, whether online or offline, of any user of the Services.
- WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BIOMARIN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THESE TERMS OR BIOMARIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICES AND THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BIOMARIN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Separate Terms and Conditions In connection with Your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please make sure to read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated. To the extent those supplemental terms conflict with these Terms, these Terms shall govern.
- Access Outside the United States and Australia BioMarin makes no claim that the Services are appropriate for access or use outside the U.S. or Australia. Your access and use of the Services outside the U.S. or Australia are at Your own risk, and You are responsible for compliance with the laws of Your jurisdiction. By using the Services You consent to having your personal information transferred to recipients located in, and processed in, the United States.
- These Terms constitute the entire agreement between BioMarin and You, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and us.
- In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and BioMarin as a result of these Terms or Your access to and use of the Services.
- Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.
- You will not transfer any of Your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable or novatable (as the case may be) by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- We reserve all rights not expressly granted to You.
- Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by us with respect to such use.
- You will comply with all applicable laws when using or accessing the Services.