TERMS OF USE

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Please read the following terms and conditions of use ("Terms of Use") before using the Vilenium Société en Participation ("Vilenium", "us", "we" or "our") website (this "Website"). Your access to and use of this Website is subject to these Terms of Use and all applicable laws and regulations. By accessing and using this Website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to these Terms of Use without qualification, you should exit this Website immediately.

These Terms of Use apply to you, your agents and any affiliates who access this Website. You are responsible for taking appropriate action to require your agents and affiliates to comply with these Terms of Use and agree to be responsible and liable for any breach of these Terms of Use by your agents or affiliates.

Vilenium reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice to you. Therefore, we suggest that you review these Terms of Use periodically for changes. By using our Website after we have posted changes to these Terms of Use, you are agreeing to be bound by these Terms of Use as amended. We expressly reserve the right to monitor any and all use of this Website and may modify or terminate this Website or your access to this Website, without notice at any time and for any reason.

GENERAL DISCLAIMERS AND LIMITATION OF LIABILITY

The materials on this website are provided "as is" and without warranties of any kind (either express or implied). This website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons. To the fullest extent permissible pursuant to applicable law, Vilenium disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Vilenium further assumes no responsibility for, and makes no warranties that, functions contained on this website will be uninterrupted or error-free, that defects will be corrected, that information will be updated or that this website or the server that makes it available will be free of viruses or other harmful components. The information, products and services published on this website may include inaccuracies or typographical errors.

There are inherent risks in relying on, using or retrieving any information found on this website, and you should make sure that you understand these risks before relying on, using or retrieving any information on this website. You should evaluate the information made available through this website, and you should seek the advice of professionals, as appropriate, to evaluate any information and materials.

Your use of this website is at your own risk. You are solely responsible for any damage to or viruses that may infect your computer system, loss of data or any other damage or loss that results from your accessing this website.

In no event shall Vilenium be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to this website or with the delay or inability to use this website, or for any information, products or services obtained through this website, whether based on contract, tort, strict liability or otherwise, even if Vilenium has been advised of the possibility of damages.

OWNERSHIP AND RESTRICTIONS ON USE

This Website and all of its content, including but not limited to all text, graphics, charts, audio, images, data compilations, icons, code, software, trademarks, service marks, trade names, logos and other information, materials, products and services ("Content"), are protected by EU and international intellectual property laws, with all rights reserved unless otherwise noted. All Content is the property of or licensed to Vilenium and deemed confidential unless generally available to the public. Your use of any Content, whether owned by us or any third party, without our express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or use for a commercial purpose any Content obtained from this Website. Notwithstanding the foregoing, you may disclose information obtained from this Website if such disclosure is required in order to comply with applicable law or legal or regulatory process. Before disclosing any information pursuant to the preceding sentencing, you will, unless legally prohibited from doing so, (i) notify us of your intention to disclose such information and the reasons for such disclosure; (ii) consult with us on the advisability of taking steps to resist or narrow the requested disclosure; and (iii) if disclosure is required, cooperate with us (at our expense) in any attempt that we may make to obtain an order or other reliable assurance that confidential treatment will be accorded to the disclosed information.

You may not allow others to use your user name or password to access or use any part of this Website. If your password has been compromised for any reason, you should contact us immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password.

 

You also are prohibited from using any automated means to access this Website for any purpose without our prior written permission. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of this Website or any activities conducted on this Website, or bypass any measures that we may use to prevent or restrict access to this Website. Any rights not expressly granted herein are reserved.

As a condition to your use of this Website, you represent and warrant to, and agree with, Vilenium, that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.

TRANSMISSIONS TO AND FROM THIS WEBSITE / PRIVACY OF YOUR INFORMATION

Electronic transmissions to and from this Website may not be encrypted or secure and may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted or modified without the knowledge of the sender or the intended recipient. Vilenium makes no representations or warranties in relation to electronic transmissions which are at your sole risk. Vilenium shall have no responsibility or liability for any damages arising from such electronic transmissions.

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the internet or post on this Website by electronic mail or otherwise, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information.

LINKS TO THIRD PARTY WEBSITES

This Website may contain hyperlinks to websites operated by parties other than Vilenium. Vilenium does not control, review or monitor any websites linked from or to this Website and following any links to such websites is at your sole risk. Vilenium shall have no responsibility or liability for any damages arising from the accuracy, reliability, legality or decency of such third-party websites, or from accessing their content, products or services. Such hyperlinks are provided for your convenience only. Our inclusion of hyperlinks to such websites does not imply any endorsement, representation or warranty of such websites, including but not limited to any content, products or services accessible through such websites, or any association with their operators.

INDEMNITY

You agree, at your own expense, to indemnify and hold harmless Vilenium, its parents, subsidiaries and affiliates, and their officers, partners, employees, agents, distributors and licensees, on demand, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in, arising out of or in any way related to your breach of these terms of use or your access or use of this website.

You further acknowledge and agree that, in the event of a breach or threatened breach of these terms of use, Vilenium may have no adequate remedy in money damages and, accordingly, will be entitled to an injunction against such breach, in addition to any other legal or equitable remedies available to it.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

Unless otherwise specified, the materials in or accessible through this Website are directed at residents of the European Union. This Website is controlled and operated by Vilenium from its offices within Luxembourg, Grand Dutchy of Luxembourg. Vilenium makes no representation that materials in or accessible through this Website are appropriate or available for use in other locations or that access to them where you are located is not illegal and prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for establishing the legality under any or all applicable jurisdictions and compliance with applicable local laws. You may not use or export the information or materials on this Website in violation of EU export laws and regulations. The information provided in or accessible through this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vilenium to any registration or other requirement within such jurisdiction or country. We reserve the right to limit access to this Website to any person, geographic region or jurisdiction.

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or use of this Website.

These Terms of Use are subject to existing laws and regulations, and nothing in these Terms of Use is in derogation of our right to comply with legal or regulatory requests or requirements relating to your use of the Website or information provided to or gathered by Vilenium.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability limitations and indemnity obligations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on this Website after accessing this Website, you represent and warrant that (i) you understand and intend these Terms of Use to be the legal equivalent of a signed and written binding contract, and (ii) you will use the Content on the Website in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as the Firm may amend them from time to time.

These Terms of Use constitute the entire agreement between you and Vilenium with respect to this Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Website.