TERMS OF USE
WELCOME TO THE SHIRE DIGITAL WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
Please note that Shire Digital (referred to hereafter as “Shire”) reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, Shire reserves the right to seek all remedies available in law and equity for such violations.
No portion of this Site or Materials or services on this Site may be reproduced in any form, or by any means, except as specifically set out in these Terms of Use.
Title and Ownership
All right, title and interest in and to the Site and to the trademarks, content and other information and materials available on or through this Site (collectively, the “Materials”) are the property of Shire and are protected by worldwide copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained and reserved by Shire. Shire and the Shire logo are trademarks of Shire and may not be used or referenced in any way without the prior written consent of Shire.
Limited License to Use Site
The Materials at this Site are copyrighted and trademarked and any unauthorized use of the Materials may violate copyright, trademark, and other rights and laws of Shire and various third parties. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized in writing by Shire; (b) remove any copyright, trademark or other proprietary notices from the Materials; (c) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
Termination of this License
If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.
No Misuse of the Site
As a condition of your use of this Site, you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by Shire or any other party (including attorney’s fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to:
- Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others;
- Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
- Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;
- Violating any applicable laws or regulations; or
- Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.
User Submissions
Use of this Site by any means (including emails sent to Shire using links provided in this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Shire or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products and services.
Services and Products
Shire’s obligations with respect to its products and services are governed solely by the terms and conditions of license, services and other agreements under which they are provided.
General Disclaimer and Limitation of Liability
Although Shire has attempted to provide accurate information on this Site, Shire assumes no responsibility for the accuracy of the information or Materials; nor does Shire warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Shire may change the Materials, products or services mentioned at any time without notice. Mention of non-Shire products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SHIRE, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY SHIRE PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SHIRE, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
UPON A REQUEST BY SHIRE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHIRE AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. SHIRE RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH SHIRE IN ASSERTING ANY AVAILABLE DEFENSES.
Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site
Shire reserves the right to remove Materials or discontinue services available on this Site with or without notice. Shire further reserves the right to terminate your use of this Site for any reason or for no reason, immediately and at any time.
Links to Third Party Sites
This Web Site may contain links to third-party sites. Access to any other Internet site linked to this Site is at the user’s own risk. Shire does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Shire provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
International
This Site is administered by Shire from its offices in Hanover, NH in the United States of America. Shire makes no representation that Materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Hampshire and applicable United States federal law, without giving effect to principles regarding conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the County of Grafton, NH; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.
General Provisions
Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Shire with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Shire with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third-party providers to this Site. Any rights not otherwise expressly granted by these Terms of Use are reserved by Shire. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. The failure of Shire to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
