WEBSITE TERMS AND CONDITIONS

Laboratoires Esthederm USA, Inc., a Delaware Corporation, owns the exclusive rights of distribution for Bioderma Products distributed in the United States and is a United States affiliate of the NAOS Group (hereinafter “Bioderma”) and welcomes you to its Website (“Website”).

This Website is owned and operated by Bioderma. Your use of the Website is subject to your compliance with these terms and conditions (“Terms”). Please read these Terms carefully.

BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT AND DO NOT USE THIS WEBSITE.

Bioderma may modify these Terms from time to time and without notice, effective upon posting on the Website, and your continued access or use of the Website constitutes acceptance of all such modifications. You are responsible for regularly reviewing these Terms.

These Terms were last modified on 2018/06/01.

General Notice

This Website is for your personal and non-commercial use, and only for informational and entertainment purposes.

THE INFORMATION ON OUR WEBSITE CONCERNING OUR PRODUCTS DOES NOT CONSTITUTE MEDICAL ADVICE. FOR ANY MEDICAL-RELATED INFORMATION ON ANY OF OUR PRODUCTS, CONSULT YOUR PHYSICIAN.

Use of Website

You agree to use our Website only for lawful purposes.

Subject to any stipulation to the contrary contained herein, you may display our Website, electronically copy, download and print hard copies of the content from different areas of the Website for your own personal use.

You agree not to access or use the Website, directly or through any automated system, in any manner so as to:

(a) adversely affect the Website’s resources or the availability of the Website to others;
(b) delete, damage or modify any content on the Website;
(c) upload or transmit any viruses, worms, Trojan horses or other similar materials onto our Website;
(d) circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any content or enforce these Terms.

You may not:

(a) upload any content on the Website or use our Website in order to solicit others to join or become members of any other commercial online service or other organisation;

(b) upload, post, reproduce or distribute to or through our Website any material protected by copyright, patent, trademark, trade secret, right of publicity, or any other proprietary or intellectual property rights of any third party without first obtaining the written permission of its owner.

You must be at least 13 years of age or older to have a user account. In accordance with our Privacy Policy, Bioderma will not knowingly collect personal information on anyone under the age of 13. By registering as a user, you represent and warrant that you are at least 13 years of age. We reserve the right to delete any user account if it is brought to our attention that a user account has been opened in contravention of this age requirement.

Respect of Others

At all times, the respect and privacy of other persons must be observed. The use of obscene or abusive language is strictly forbidden.

It is prohibited to:

(a)          harass any person, in any manner or form on this Website, including without limitation in e-mail and chat rooms;

(b)          upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law;

(c)          collect or store personal information about other users of the Website or any other person.

(d)         impersonate any other person, including without limitation our employees, hosts, or representatives or other users of this Website.

(e)         browse any content of other users in our Website.

We reserve the right to prohibit the access to the Website to you if you do not respect these terms.

General Submissions

You assign to us all rights in any notes, messages, billboard postings, ideas, suggestions, concepts or any other material that you may submit to us, including the right to publish, in any form and for any purpose, including, without limitation, for promotional and advertising purposes. You also waive all moral rights therein on a perpetual, irrevocable and word-wide basis.

Submissions of Photographs, Videos and Reviews

By submitting a photograph and/or/video and or a product review or other testimony (collectively, “Submitted Material”), you give and grant Bioderma, its parent and affiliated companies, their employees or their agents and assigns, the right to use, reproduce, modify, display and publish any Submitted Material, in whole or in part, edited or unedited, at its sole discretion for display, without remuneration, for an unlimited time throughout the world. You hereby grant to Bioderma, the right to make any changes or adaptations, without any restriction whatsoever, to the Submitted Material.

You also waive all moral rights in any Submitted Material on a perpetual, irrevocable and word-wide basis.

Your comments (with or without changes or adaptations by Bioderma), full name, age, city and province of residence (as this information is submitted by you to Bioderma), may appear in print advertising, and/or in website, social media and other promotions relating to Bioderma, and you hereby grant your authorization to the display of such information.

You also acknowledge that Bioderma is not under any obligation to exercise or to use any of the foregoing rights described.  Bioderma may, in its sole discretion, edit, delete or refuse to post any Submitted Material.

You are responsible for ensuring that any Submitted Material: (i) is not obscene, offensive, defamatory, libelous, false or misleading, threatening, harassing, abusive or hateful; (ii) is not of someone who did not authorize such submission; (iii) does not infringe the privacy of any other person; (iv) does not infringe any intellectual property rights (such as copyright, trademark, or patent rights) of any other person, either physical and moral; (v) does not violate any law or regulation (including, but not limited to, consumer protection, unfair competition, anti-discrimination or false advertising); (vi) does not include any information that references other competitors, websites, addresses, email addresses, contact information or phone numbers for you or anyone else; and (vii) does not contain any computer viruses, worms or other potentially damaging computer programs or files.

You hereby represent and warrant to Bioderma that: (i) you own or have the rights to use the Submitted Material; (ii) any photo or video submitted is only of yourself, of a minor of whom you are the parent, legal guardian or otherwise legally responsible (or of a minor whose parent or legal guardian or someone legally responsible for such minor has authorized you to submit such photo or video), or of a person of the age of majority who has authorized you to submit such photo or video; and (iii) all information and materials in the Submitted Material are accurate and not misleading.

The submission by you of Submitted Material to Bioderma constitutes your full and unconditional agreement to these terms.

You are solely responsible for the contents of all messages and other material you send to us and may be held liable and accountable therefor.

Registration

In order to access or use some features of the Website, including submitting product reviews or to join Club Bioderma, you will have to create an account. You must be at least 18 years old to create an account. In creating an account, you must provide accurate and complete information.

You are solely responsible for all activity that occurs under your account and/or password, including without limitation any content or other materials provided from or through your account. You also have the responsibility of maintaining the confidentiality and security of your account password and login information,and notify Bioderma immediately of any breach of security or unauthorized use of your account, or of any suspected breach of security of suspected unauthorized use of your account.

Trademarks and Other Proprietary Rights

All content on our Websites, including without limitation text, designs, graphics, logos, audio clips, as well as the selection, arrangement, and presentation thereof and the overall design of the Website are the property of Bioderma and protected by the United States and international copyright laws.

“Bioderma” and other trademarks are the property of Bioderma or of other owners who have granted us the right and licence to use such trademarks.

You agree to respect all such proprietary rights and take all reasonably necessary precautions to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.

Responsibilities as a User

Some of the material on our Website may not be appropriate for you or your needs. You are responsible for determining whether the information complies with your particular needs.

Your access and use of our Website is at your own risk. By using the Website, you are solely responsible for:

– obtaining and maintaining all computer hardware, software, internet connection, and other equipment necessary to access and use the Website;

– any problems you may experience in connection with the use of our technology, whether current or future;

– installing anti-virus software and otherwise taking all steps to insure that information, if contaminated or infected, will not damage your information or system;

– complying with any legal obligations you may have, including but not limited to copyright, privacy, export and criminal laws.

Indemnification

You agree that you are personally responsible for your use of the Website, and further agree to indemnify, defend and hold harmless Bioderma, its officers, directors, employees, agents, successors, advisors, consultants and assigns from and against any loss, damage, expense or liability of any kind (including attorneys’ fees and costs) resulting from your violation of any of  these Terms or your use of or access to the Website, your posting or e-mailing of suggestions and other information and/or your violation of the rights of Bioderma and/or any third party.

 

Links

Bioderma has no control over, and no liability for, any third party websites you may access through links we may offer on our Website for your information, or for any content, products or services offered by or accessed through such websites.

You agree that Bioderma shall have no responsibility for any content, advertising, products or other material accessed through such links, or the accuracy or reliability of any information, data or opinions accessed through links on the Website. Bioderma will not have any liability, direct or indirect, for any damage or loss incurred by you or any third party in connection with websites or resources accessed through links on the Website.

If you decide to access third party sites linked through the Website, you do so at your own risk.

The links that are provided on the Website do not express or imply any endorsement by us of third party products, or services.

However, Bioderma welcomes any feedback you may have concerning the links that we have placed on our Website.

Privacy

Bioderma respects your rights to privacy. Please review our Privacy Policy for more information. Our Privacy Policy is incorporated as a part of these Terms, as amended from time to time.

Accuracy

Bioderma attempts to ensure that product descriptions and other information featured on the Website are up to date and as accurate as possible. However, Bioderma does not warrant that any information on the Website is accurate, complete or error-free.

Bioderma may at any time modify this Website, in whole or in part, or terminate the Website, without prior notice.

Electronic Communication and Limitation of Liability

Our members may communicate with one another through onsite email. As a rule, Bioderma does not rule, moderate or monitor these communications, but reserves the right to do so if we suspect any violation of these Terms or of our Privacy Policy. Bioderma reserves the right to edit, delete, or not to use any communications on the public area of the Website.

Bioderma uses up to date technology in order to protect your pictures from being copied and captured by unauthorized third parties. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.

We also make best efforts to use commercially acceptable means to protect your personal information.  Remember, any personal information you post or e-mail to the Website may be collected and/or used by third parties. While Bioderma takes reasonable steps to protect your personal information in accordance with our Privacy Policy, we cannot guarantee the security of any personal information you post or e-mail to the Website.

By visiting the Website or communicating with Bioderma by email, you are communicating with us electronically and consent to receive communication from us electronically. You agree that all communications that we provide electronically, including by posting to the Website, satisfies any legal requirement that a communication must be in writing.

You acknowledge that communication via the Internet may use potentially unsecure computers and links and that data may be lost or intercepted by unauthorized parties during such transmission. You agree that Bioderma shall have no liability whatsoever in connection with such lost or intercepted data.

General Disclaimer

Our websites and the contents, information, services and products listed therein, including without limitation, text, graphics, and links, are provided “as is” and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance.

We do not represent or warrant that the functions contained in our websites will be uninterrupted or error free, that defects will be corrected or that our websites or the server(s) that make(s) our websites available are free from viruses or other harmful components.

Your access and use of this Website is at your own risk. Bioderma, and its affiliates, owners, employees, agents, successors, advisors, consultants and assigns shall have no liability for any loss or damage whatsoever, direct or indirect, including but not limited to special, punitive, incidental, consequential or exemplary damages arising out of or in connection with your use or inability to use or access the Website or any content provided on the Website, any claim arising from or relating to errors, omissions or inaccuracies in the content provided on or through the Website and/or statements or conduct of any third party on or in relation to the Website, to the extent permitted by applicable law, even if Bioderma has been advised of the possibility of such damages. It is your exclusive responsibility to evaluate all content provided on the Website for accuracy, completeness and usefulness. You should not act or rely on any of the Website’s content without seeking the advice of a qualified professional.

The limitation of liability set forth above shall apply to every form of action, whether in contract, warranty, strict liability, negligence or other tort, and shall survive any breach of the terms or any agreement, or the failure of the essential purpose of the terms or an agreement or any exclusive remedy.

Applicable Laws

These Terms and any dispute that may arise between you and Bioderma shall be governed by and construed in accordance with the laws of the state of Delaware and the applicable federal laws of the United States You irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the courts of the state of Delaware for any all disputes arising out of or relating to the Terms and/or the Website.

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all provisions shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Bioderma. Bioderma may assign its rights and duties under the Terms to any party, at any time, and without notice to you.

These Terms, including the Privacy Policy, as each may be amended from time to time, set forth the entire understanding of you and Bioderma with respect to your access and use of the Website and its contents.

Questions?

Should you have any questions about these Terms or the Website, please contact:

info@bioderma.com

Laboratoires Esthederm USA, Inc.
PMB 472, 2801

Centerville Road – First Floor
Wilmington, DE 19808-1609