Patients Terms of Use

Terms of Use

Last update 8/24/2022

Welcome to Photocure.

Please carefully read our house rules before you use our Website.

Accepting these Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms”).

These Terms are a legally binding agreement between you, as a user of our Website, and Photocure ASA (“Photocure”). These Terms apply to all interactions between you and Photocure, whether on our website, https://www.photocure.com, or via our social media accounts, including Twitter and LinkedIn, and our partners, affiliates, and related entities (collectively, our “Website”). These Terms apply whenever you navigate on our Website. If you do not agree with these Terms, you should stop using our Website. If you agree, please read on.

Information purposes

The purpose of this Photocure website is to introduce you to Cysview® (hexaminolevulinate HCl). All information presented on this site is for informational purposes only and is not intended as a substitute for informed medical advice or recommendations from healthcare professionals. Please consult a healthcare professional for more information about your condition and the product that is right for you.

Your use of our Website

You are welcome to download, display or print information from our Website. This information is intended for your own personal, non-commercial use. This site and its contents, including but not limited to, all text and images are owned by Photocure, its affiliates and/or partners. No license to or right in any trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Photocure, its affiliates, and/or partners is granted or implied. When using our Website, you agree to respect the following rules

Do not use our Website illegally

You agree not to violate any laws in connection with your use of the Website. This includes all local, provincial, state, federal, and international laws applicable to you. And you agree not to engage in any fraudulent activity (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any crime or unlawful acts against Photocure, another user of our Website, or a third party.

Do not harm or try to harm our systems or overload our networks

You agree not to interfere with or attempt to disrupt our Website, for example, by distributing a virus or other malicious computer code. You agree not to engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information.

Do not bypass or try to bypass our access restrictions

You agree not to access aspects, elements, or parts of our Website to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of our Website.

Do not use hidden text

You agree not to use any metatags, keywords, advertisement tags or other “hidden text” using Photocure’s name, trademarks or other intellectual property for any commercial purpose.

Do not steal our content or third-party content

You agree not to license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially use Photocure intellectual property or any third-party intellectual property without advance written permission which may be withheld for any reason or no reason. You may not remove any trademark, copyright or other proprietary notifications from the materials, nor transfer the materials to another person or post the materials on another server. Also, you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of our intellectual property except to the extent the foregoing restrictions are expressly prohibited by applicable law. You will not crawl, scrape, or spider any page of our Website or try to reverse engineer or attempt to obtain the source code of our Website (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).

Your Privacy

Photocure has a firm commitment to privacy. Should this site at some point ask users to give us contact information (such as name, postal address and/or email address), we would use this information to send users information about our company and/or product. User information is never shared or sold. We only collect personal data during the registration process and use email addresses to deliver requested information. Please see our Privacy Policy for more information on how we process your personal data.

Information you provide us

Any communication or material you transmit to this site by email or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Photocure or its affiliates and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Photocure is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including but not limited to, developing, manufacturing and marketing products using such information. Regarding the personal data you supply to us, please refer to our Privacy Policy.

Information “as is”

Information on this site is provided “as is.” Photocure makes no representations nor implies any warranties with respect to the content. Photocure accepts no responsibility or liability whatsoever arising from, or in any way connected to, the use of this site or its contents. Photocure also neither warrants nor represents that your use of the contents of this site will not infringe the rights of third parties not owned by Photocure or its affiliates.

Note that some jurisdictions, like the province of Quebec, do not allow limitations on implied warranties, so the above limitations may not apply to you.

Disclaimer

Photocure shall not be liable for any damages or injury arising out of your access to or inability to access this site or from your reliance on information provided. Photocure disclaims any and all liability for direct, indirect, incidental, consequential, punitive, and special or other damages, lost opportunities, lost profit or any loss or damages of any kind. This limitation includes damages or any viruses that may affect your computer equipment. Moreover, in view of the possibility of human error or advances in medical knowledge, neither Photocure, its sponsors, its staff nor other parties involved in providing the services, databases or pages accessible within or from this website or any other service or publication of Photocure warrant that the information contained therein is in every respect accurate or complete and they are not responsible or liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information.

Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

We encourage you to consult other sources and confirm the information contained in any of these services, databases or pages accessible within or from our Website or any other service or publication of Photocure. If erroneous or otherwise inaccurate information is brought to our attention, a reasonable effort will be made to correct or delete it. Use Contact Us to report such problems.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, and we have your contact information, we will let you know by providing you with a 30-day written notice before making such changes, so that you have an opportunity to review them. We will also update the “Latest Update” date at the top of this page. You are responsible for reviewing and becoming familiar with any changes. Photocure may ask you to provide consent to the updated Terms in a specified manner before further use of our services is permitted. Otherwise, your use of our Website following the changes constitutes your acceptance of the updated Terms.

General

The Terms supersede any other agreement between you and Photocure regarding our Website and digital content. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary to keep the Terms otherwise in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to subsequently enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Governing Law

These Terms of Use and the contents of this site shall be governed by and construed in accordance with Canadian laws. Any conflict arising out of or in relation to these Terms shall, if not solved amicably, be settled by courts in the province of Ontario.