Terms of Use for Novartis

1. Acceptance and Use

Your access to and Use of this portal www.oncotalks.eu and is subject to the following terms of use (together with the documents referred to in it). By accessing and browsing this Portal, you accept, without limitation or qualification, these terms of use and you unconditionally agree to comply with them and acknowledge that any other agreements regarding the Use of this Portal between you and Novartis Pharma AG are superseded and of no force or effect. If you do not agree to these terms of use, you must not Use this Portal.

2. Information about us and this Portal

This Portal is an international website provided to you by Novartis Pharma AG (Novartis). We are a global healthcare company registered in Switzerland. Our main trading address is P.O. Box CH – 4002 Basel, Switzerland. This Portal is exclusively intended for Use only by licensed Health Care Professionals (HCPs). By accessing this Portal you are confirming that you are an HCP. If you are not a qualified HCP, you must not access or Use this Portal. You should not construe anything on this Portal as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence. Oncotalks.eu is online video channel for HCPS based on video content from international congresses. Interviews with medical experts and scientists are published on www.oncotalks.eu. The content of the website is limited to health care professionals, in adherence with regulations in Europe. To have access to the content of the website you must register. The Content (defined below) contained on this Portal is provided for general information purposes only and does not constitute business, medical or other professional advice. Nothing contained in this Portal is intended to substitute your own medical advice and/or judgement. Please note that the information on this Portal may contain information about products or indications currently under investigation and/or that have approved by the regulatory authorities.

3. Use of Content and this Portal

You may freely browse this Portal to access Novartis sponsored video content from international congresses (including any related texts, images and audios) that are made available via the Portal (all such material referred to in these terms as “Content”). All Use of such Content is for informational or personal use only and you may not distribute, modify, transmit, reuse, repost, or otherwise Use the Content for commercial purposes, without prior written permission from Novartis or our licensors. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Novartis or of any other party is granted or conferred to you. Any rights not expressly granted herein are reserved. If you use any Content in breach these terms your right to Use this Portal will cease immediately and you must, at our option, return or destroy any copies of the Content that you have made. You must not misuse this Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Portal, the server on which this Portal is stored or any server, computer or database connected to this Portal. You must not attack this Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable computer misuse legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them in accordance with applicable law. In the event of such a breach, your right to Use this Portal will cease immediately. Your access to the Content on this Portal may be limited in duration in order to comply with local regulations in your jurisdiction. Novartis shall endeavor to notify you as to how long Content may be accessible but reserves the right to cease access to the Content at any time without prior notice. You hereby release and agree to hold harmless Novartis and any of its affiliates, and each of their officers, directors, shareholders, employees and representatives, from any and all claims, costs, losses, liabilities and damages of any sort, whether direct, indirect, special, consequential or otherwise, whether arising in tort (including active, passive or imputed negligence), contract, warranty, strict liability, reliance or under any other theory, and whether or not Novartis has been advised of the possibility of such damages, in each case arising out of or related to your Use of this Portal and/or or the Content.

4. Trademarks / Proprietary rights

You should assume that everything you see or read on this Portal is copyrighted unless otherwise noted and may not be Used without the written permission of Novartis or as otherwise permitted by these Terms of Use. Unless otherwise noted, you should also assume that any logos, company names or trade names appearing on this Portal, whether or not appearing in large print or with the trademark symbol are trademarks of Novartis or third party content providers. This Portal may also contain or reference patents, trade secrets, proprietary information, technologies, products, processes or other proprietary rights of Novartis and/or other parties. No license to or right in any such trademarks, patents, trade secrets, proprietary information, technologies, products, processes and other proprietary rights of Novartis and/or other parties is granted to or conferred upon you.

5. Disclaimer of warranties; no reliance on Content

ALL CONTENT AND ACCESS TO THIS PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. To the extent permitted by applicable law NOVARTIS PROVIDES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES ABOUT THE CONTENT ON THIS PORTAL OR WHETHER IT IS ACCURATE, FOR A PARTICULAR PURPOSE, COMPLETE OR UP TO DATE OR ITS POSSIBLE USES. ALL ACCESS AND USE OF THE CONTENT AND THIS PORTAL IS AT YOUR OWN RISK. CONSEQUENTLY, THE CONTENT SHOULD BE CAREFULLY EVALUATED BY PORTAL VISITORS. NEITHER NOVARTIS, NOR ANY OTHER NOVARTIS GROUP COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS PORTAL TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF THE RELIANCE ON THE CONTENT OR ON A FUNCTION OF THIS PORTAL, ACCESS TO, USE OF OR INABILITY TO USE THIS PORTAL AND THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS PORTAL. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Portal or any Content on it, whether express or implied. You are responsible for making all arrangements necessary for you to have access to the Portal. Novartis assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or Use of the Content on this Portal. Novartis reserves the right to make changes, corrections and/or improvements to this Portal and to interrupt or discontinue this Portal or any of the functionality of this Portal at any time, without notice and without liability of any kind.

6. Information you supply to us and Registration

In order to access and virtually attend Novartis sponsored medical education programs on this Portal, you will be required to complete the event registration process before or during the virtual event registration window. If you have not registered during this period you will not be able to access the event. Through this registration process of this Portal or by other means, personal information about you will be collected. Please refer to Novartis’ Privacy Policy for further details of how we handle your personal information. You are responsible for the accuracy of any personal information about you that you provide through the Portal. To access this Portal, you will be required to register by using your email address and password chosen by you and to inform us about your country of practice, specialty, first name and last name (collectively, your “User Registration”). Novartis reserves the right to refuse or cancel any User Registration in its sole discretion. You must treat your User Registration details as confidential and must not disclose them to any third party. You are solely responsible for all activity that occurs under your User Registration. You shall never use another User’s Registration or allow any third party to use yours. You will immediately notify us in writing of any unauthorized use of your User Registration. Except for information covered by our Privacy Policy, any communication or material you transmit to this Portal by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential, nonproprietary and Novartis Group of companies shall have no obligation of any kind with respect to such information. Anything you transmit or post becomes the property of Novartis or its affiliates and may be used for any purpose, including, but not limited to, reproduction, use, disclosure, transmission, publication, broadcast and posting without limitation. Furthermore, Novartis is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to this Portal for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

7. Links to other sites

Links to third-party sites may be provided for the interest or convenience of visitors to this Portal. Please be informed that the terms of use and privacy policy of the third-party sites may be different. However, the linked sites are not under the control of Novartis and no entity of Novartis Group of companies is responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites. Novartis accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policies of third parties. Any such links to third-party sites are provided to you only as a convenience, and should not be interpreted as or imply endorsement by Novartis of those websites. Novartis will not be liable for any loss or damage that may arise from your use of them.

8. Applicable Law, Consequences

These terms of use and your Use of this Portal shall be governed by the laws of New York without regard to its conflict of laws principles. Any legal action or proceeding related to this Portal shall be brought exclusively in the courts of New York. If Novartis becomes aware that you have violated any of the terms of use contained in this legal statement Novartis may immediately take corrective action, including preventing you from using the services offered by Novartis and removing any information, data and content you put on this Portal, at any moment and without notice. If Novartis has been injured by your violation Novartis may, in its sole discretion, seek to recover damages from you.

9. Revisions

Novartis reserves the right at any time to discontinue this Portal or revise these terms of use by amending this page. Please note that we may make such changes at our own discretion and without prior announcement. By continuing to access to this Portal after any such changes, you unconditionally and fully understand, agree and accept to follow and be bound by these terms of use as changed. You should therefore periodically visit this page to review the then current terms of use to which you are bound and to note any changes or amendments that may have been made.

10. Severability

If any part or provision of these terms of use is found to be invalid, such invalidity shall not affect the enforceability or any other part or provision of these terms of use.

11. Waiver

Our failure to act with respect to a breach by you or others of these terms of use does not waive Novartis' right to act with respect to similar or other breaches.

12. How to contact us

You can contact us by - Thank you for visiting this Portal. These terms of use are last updated on 18th of October 2018