Version: 22 November 2018
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
IMPORTANT NOTICE TO YOU
These Terms and Conditions of Use (the “Terms and Conditions”) govern your use of Galapagos NV’s ISABELA portal website, including without limitation use of all content, data, images, information and other materials posted on or available through this website (collectively, the “Portal”). These Terms and Conditions are in addition to any other agreement you may have with Galapagos NV (“Galapagos”), including any agreement governing your use or your organization’s use of Galapagos products or services (collectively, the “Services”). In addition, certain areas of the Portal and use of data, content, or Services made available through the Portal may be subject to additional terms and conditions provided in connection with those areas or use of the data, content, or Services.
Galapagos hereby grants you a non-exclusive license to use the Portal solely for your personal, non-commercial use (e.g. life science research, evaluating and obtaining information about our products and services, and learning more about Galapagos). As a condition of your use of this Portal, you warrant to Galapagos that you will not use the Portal for any purpose that is unlawful or prohibited by these Terms and Conditions. In particular, you may not use the Portal or any content made available through the Portal (a) to provide services to anyone, (b) in a clinical diagnostic and/or therapeutic setting where data from an individual’s sample is transferred to his/ her caregiver, or (c) in connection with any diagnostic and/or therapeutic product or service. You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Portal or provided through the Portal. If you breach any of these Terms and Conditions, your authorization to use this Portal shall automatically terminate.
The contents of the Portal may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Galapagos, except that you may download content from the Portal to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. Except as provided in these Terms and Conditions, any use of these materials on any other website or networked computer environment for any purpose is prohibited.
You acknowledge and agree that this limited license to use the Portal subject to these Terms and Conditions does not grant you any other right or license, by implication, estoppel or otherwise, under the intellectual property rights of Galapagos or any third party. Without restricting the previous sentence, nothing herein shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease or distribute any technology or related products or services of Galapagos. Where this Portal is used in connection with a product or service of Galapagos, the license granted in these Terms and Conditions is subject to the restrictions of any license described in Galapagos NV’s terms and conditions governing the use of such product or service.
Copies of These Terms and Conditions; Updates to Terms and Conditions
The Portal is owned and operated by Galapagos NV, a company incorporated under the laws of Belgium, with registered office at Generaal De Wittelaan L11 A3, 2800 Mechelen, Belgium and company number 0466.460.429 (RLE Antwerp, div. Mechelen) (referred to as “Galapagos NV”, “Galapagos”, “we,” “us,” or “our” herein). All content, data, information and other materials on or directly accessible from the Portal are owned by Galapagos, its subsidiaries, affiliates, licensors and/or vendors. The Portal is protected by Belgian and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Galapagos and/or its vendors and licensors. Any copies that you make of material or other content provided through the Portal must contain the same copyright and other proprietary notices that appear with the material or content.
You may not frame or utilize framing techniques to use, surround or enclose any of Galapagos names, trademarks, service marks, logos, or other proprietary information (including; images, text, page layout, or form) of Galapagos and/or our affiliates or subsidiaries without Galapagos’ express written consent.
This Portal is controlled and operated by Galapagos from its offices within Belgium. Galapagos makes no representation that materials in the Portal are appropriate or available for use in other locations. Those who choose to access this Portal from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.
Galapagos is a registered trademark owned by Galapagos NV. Galapagos’ trademarks may not be used in connection with any product or service that is not Galapagos’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Galapagos and/or its subsidiaries or affiliates. All other trademarks, service marks and logos used in this Portal are the trademarks, service marks or logos of their respective owners. Galapagos does not make any claims to the marks of others which might appear on the Portal. You gain no right to use any marks of Galapagos or any other entity by virtue of your use of this Portal.
The information on this Portal is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this Portal is for general information purposes only. Galapagos makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Portal, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Portal and our Services with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS PORTAL.
Galapagos does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, healthcare providers or other information that may be contained on or available through this Portal. GALAPAGOS IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS PORTAL.
Our Use of Your Data and Communications
Galapagos will maintain security procedures with respect to access and maintenance of information you submit in queries to the Portal (hereinafter referred to as the “Data”) which provide reasonably appropriate technical and organizational safeguards against unauthorized disclosure or access, consistent with these Terms and Conditions.
By using the Portal, you authorize and hereby grant Galapagos a limited, non-exclusive, royalty-free, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Data solely for the purposes of processing your requests and transactions, maintaining and improving the Portal, but not for exploiting your Data for other commercial purposes unless otherwise provided in a separate written agreement you may have with Galapagos.
With the exception of your Data discussed above, you acknowledge that any communications or material of any kind that you e-mail, post, or transmit to or through the Portal, including, questions, comments, suggestions and other information (your “Communications”) will be treated as non-confidential and non-proprietary by Galapagos. By using the Portal, you authorize and hereby grant Galapagos a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications for reasonable business purposes.
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND GALAPAGOS DOES NOT AND CANNOT GUARANTEE THAT DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE PORTAL MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT GALAPAGOS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE PORTAL AND/OR YOUR DATA AND/OR OTHER INFORMATION, COMPUTERS, AND/OR NETWORKS. GALAPAGOS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
Hyperlinking to this Portal
Except as specifically provided in these Terms and Conditions, you may not create hyperlinks to this Portal. You may provide hyperlinks to the Portal on a non-commercial, not-for-profit website, or within any non-commercial analysis software application, freely accessible by the public at no charge, provided that “deep links” (e.g., hyperlinks other than to our homepage currently located at www.glpg.com and www.galapagosgenomics.com) must be in accordance with any additional terms, conditions and/or technical instructions that Galapagos may post on the Portal from time-to-time. If you desire to link to this Portal in any other manner, you must obtain Galapagos’ express prior written permission. You shall not link to this Portal in any manner that states or implies any affiliation between you or your organization and Galapagos, or any sponsorship, approval or recommendation of you or your organization by Galapagos. Any permitted link to this Portal must clearly identify Galapagos as the owner of this Portal. Galapagos reserves the right to redirect any links to the Portal to any page it chooses.
External Hyperlinks from the Portal
The Portal contains hyperlinks to third party websites. External hyperlinks to or from the Portal do not constitute any endorsement or recommendation by Galapagos of any third party or its website, products, resources or other information. An external hyperlink to a site does not imply that Galapagos is affiliated with or sponsors the third party’s website. Galapagos is not responsible for any software, data or other information available from any third party website. These third party websites have separate and independent privacy policies. These Terms and conditions apply only to information collected by the Services. You are solely responsible for complying with all terms and conditions of use for the third party websites. You acknowledge that Galapagos shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
You must not transmit any material on or through the Portal that (a) restricts any other user’s enjoyment of the Portal, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. Galapagos reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in Galapagos’ sole discretion is objectionable, disruptive to the Portal or in violation of these Terms and Conditions.
Use of Robots
At this time, Galapagos does not permit the use of robots, spiders, crawlers or the like in connection with the Portal without Galapagos’ prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Portal for use in connection with search engines and other online directories.
Accuracy and Integrity of Information
Although Galapagos attempts to ensure the integrity and accuracy of the Portal, it makes no guarantees whatsoever as to the correctness or accuracy of the Portal. The Portal may include typographical errors, inaccuracies or other errors, and unauthorized additions, deletions and alterations could be made to the Portal by third parties. In the event that an inaccuracy arises, please inform Galapagos so that it can be corrected. Information contained on the Portal may be changed or updated without notice.
Galapagos may make improvements and/or changes to this Portal at any time. Although we attempt to periodically update information on this Portal, the information, materials and services provided on or through this Portal may occasionally be inaccurate, incomplete or out of date. Galapagos does not have a duty to update information contained in this Portal, and Galapagos will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currency of any information on this Portal, and we undertake no obligation to update or revise the information contained on this Portal, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Portal before relying upon it.
THE PORTAL AND ALL INFORMATION AVAILABLE THROUGH THE PORTAL ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. GALAPAGOS DOES NOT WARRANT THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. GALAPAGOS DOES NOT WARRANT THAT ACCESS TO THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, GALAPAGOS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY SEQUENCE DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE PORTAL. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GALAPAGOS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NEITHER GALAPAGOS, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF THE PORTAL AND THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF GALAPAGOS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PORTAL, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE PORTAL AND/OR THOSE SERVICES.
You agree to indemnify and defend Galapagos from any claim (including attorneys’ fees and costs) arising from your (a) use of the Portal, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. Galapagos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Galapagos.
Procedure for Making Claims of Copyright Infringement
Galapagos respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Galapagos with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest,
- a description of the copyrighted work that you claim has been infringed,
- a description of where the material that you claim is infringing is located on the Portal,
- your address, telephone number, and email address,
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Investors – Disclaimer Regarding Forward Looking Statements
This Portal may contain forward-looking statements, including, without limitation, statements containing the words “believes,” “anticipates,” “expects,” “intends,” “plans,” “seeks,” “estimates,” “may,” “might,” “will,” “can,” “could,” “stands to,” “is designed to,” “continues,” “potential,” “predicts,” “objective,” “should,” or the negative of these, as well as similar expressions. Such forward-looking statements are not guarantees of future performance. Forward-looking statements may involve known and unknown risks, uncertainties and other factors which might cause the actual results, financial condition and liquidity, performance or achievements of Galapagos, or industry results, to be materially different from any historic or future results, financial conditions and liquidity, performance or achievements expressed or implied by such forward-looking statements. In addition, even if Galapagos’ results, performance, financial condition and liquidity, and the development of the industry in which it operates are consistent with such forward-looking statements, they may not be predictive of results or developments in future periods. A list of factors, uncertainties and other risks that may result in differences may be found in Galapagos’ Securities and Exchange Commission (“SEC”) filings and reports, including in Galapagos’ most recent annual report on Form 20-F filed with the SEC and other filings and reports filed by Galapagos with the SEC. Given these uncertainties, you are advised not to place any undue reliance on such forward-looking statements. You should not regard these statements as a representation or warranty by us or any other person that we will achieve our objectives and plans in any specified time frame or at all. These forward-looking statements speak only as of the date of publication and you should read all forward-looking statements contained in this Site with the understanding that our actual future results may be materially different from what we expect. Galapagos expressly disclaims any obligation to update any such forward-looking statements to reflect any change in its expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based or that may affect the likelihood that actual results will differ from those set forth in the forward-looking statements, unless required by law or regulation. We qualify all of our forward-looking statements by these cautionary statements.
Termination of These Terms and Conditions
Galapagos reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Portal or the content thereon at any time and for any reason without prior notice or liability. The following sections survive any termination of these Terms and Conditions: “Trademarks,” “Our Use of Your Data and Communications,” “No Warranty,” “Limitation of Liability, “Indemnification,” “General” and any other sections of these Terms and Conditions which by reasonable interpretation are intended to survive.
Except as provided below, these Terms and Conditions constitute the entire agreement between Galapagos and you pertaining to the subject matter hereof. We may, in our sole discretion, revise these Terms and Conditions from time-to-time by updating this posting. You should periodically visit this page to review the current Terms and Conditions, so you are aware of any revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Portal. Any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions that are not resolved amicably by mutual agreement shall be submitted to the courts of Antwerp, division of Mechelen, Belgium and shall be governed by the laws of Belgium. If you have any questions concerning these Terms and Conditions please contact us at firstname.lastname@example.org Galapagos NV, Generaal De Wittelaan L11 A3, B-2800 Mechelen, Belgium, Attention: Legal Counsel.
Please do not hesitate to contact us, should you have any other questions.