Penny's World

Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE ("Terms of Use"). BY USING THIS WEBSITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE (the "Site"), YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

Astellas Pharma Canada, Inc. (" Astellas ") may at any time revise these Terms of Use by updating this posting, so you should periodically examine the current Terms of Use to which you are bound. Last updated on June 1, 2005.

GENERAL INFORMATION AND MEDICAL DISCLAIMER
This site may contain Content (as defined below) about eczema and various treatments for eczema. Please feel free to browse this Site; however, keep in mind that the Content on this web site is provided for informational purposes only and is not provided as medical advice, nor does it represent a comprehensive or complete statement of the issues relating to eczema. Use of this web site is not a substitute for a call or visit to your physician. YOU SHOULD NOT RELY ON THIS WEB SITE FOR MEDICAL DIAGNOSIS OR TREATMENT.

THIS SITE IS INTENDED FOR CANADIAN RESIDENTS ONLY
The Content provided on this Site is provided for Canadian residents only. Astellas makes no representations that the Content is appropriate for residents of other jurisdictions. Any treatment discussed on this Site is only available in the Canadian market. Astellas makes no representations that these treatments are available in any jurisdiction outside of Canada.

PRIVACY
Our policies concerning the use of your personal information are set forth in Astellas' Internet Privacy Statement below and are incorporated by reference herein.

SITE CONTENT
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, video clips, names, trade-marks, trade names, and logos (collectively, the "Content") and all intellectual property rights therein, are owned, controlled, or licensed by Astellas and are protected by worldwide intellectual property laws. You may use Site Content for your personal use for non-commercial purposes, but no modification or further reproduction of Content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of Astellas. All other rights reserved.

Names, trademarks, service marks, trade names, trade dress, logos and products of Astellas appearing on this Site are protected by worldwide trademark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Astellas, except with the express written permission of Astellas.

Except as expressly provided above, nothing contained herein shall be construed as conferring to you any license or right in the Content.

SUBMISSIONS
Any submissions you send to this Site or otherwise to Astellas by electronic mail, (the "Submissions") with the exception of personally identifiable information as defined in the Astellas Internet Privacy Policy, shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such Submissions. For the consideration of having the opportunity to send your Submissions to Astellas, you agree that Astellas shall exclusively own the Submissions and hereby perpetually and irrevocably assign all rights in the Submissions to Astellas and waive all moral rights associated thereto. Astellas shall be free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating the Submissions.

OBLIGATIONS OF SITE VISITORS OR USERS
You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:

Impersonate or misrepresent your affiliation with any person or entity; Except as expressly permitted by the rules of this Site, post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation on the Site or through the Services;

Post or transmit any material that is defamatory, offensive, indecent, obscene, or unlawful;

Post or transmit any software which contains a virus, trojan horse, worm or other harmful component;

Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;

Access or use password protected, secure or non-public areas of the Site without authorization; or Frame, repackage, or otherwise re-distribute any portion of the Site.

Astellas may, at its sole discretion, take any action Astellas deems necessary, including, but not limited to, termination of your access to the Site, if Astellas believes your conduct fails to conform with the Terms of Use or may create liability for Astellas, its partners, its suppliers or other users. Astellas will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in the Terms of Use will survive any such termination or modification.

LINKS TO OTHER WEBSITES. Links from or to websites outside of this Site are meant for convenience only. Astellas does not review, endorse, approve or control, and is not responsible for any websites linked from or to the Site, the content of those websites, the third parties named therein, or their products and services and Astellas makes no representations or warranties regarding the accuracy or any other aspect of the content located on such websites. Linking to any other website is at your sole risk. On entering these other websites, you are encouraged to review and understand the terms and conditions governing their use.

No endorsement or approval of any third parties or their advice, opinions, content, products or services is expressed or implied by any Content or links to their websites, unless such endorsement is expressly stated by Astellas.

ADVICE DISCLAIMER
The Content is provided for informational purposes only and does not, nor is it intended to be construed as medical, legal, financial, investment, or other professional advice, opinion or represent a comprehensive or complete statement of the issues addressed on this Site. We do not offer personalized medical advice or patient-specific treatment advice. Use of this Site is not a substitute for a call or visit to, or consultation with, your physician or healthcare professional. You should not rely on the Site or any other service offered by or through this Site for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THIS SITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.

DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OR MATERIAL MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASTELLAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ASTELLAS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AT THIS SITE AND MAY MAKE CHANGES TO THE CONTENT AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. ASTELLAS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY
In no event will ASTELLAS be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive, and consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, the materials or Content contained at any or all such sites, or the materials, products or services offered on this site or sites linked to this site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In no event will ASTELLAS, its suppliers, or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon Content provided through this site. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

GENERAL
This Site is owned and operated by Astellas. These terms and conditions contained herein represent the entire agreement between you and Astellas. By using this Site, you agree that any disputes arising from your use of this Site shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada. The section titles are for convenience only and have no legal or contractual effect.

Internet Privacy Statement

Astellas is aware of your concern for privacy when using www.pennysworld.ca (the "Site"). We want to give you the opportunity to know what information we collect about you and what rights you have in relation to such information. At all times, however, Astellas reserves the right, and you consent to such right, to disclose information where required by law or to comply with valid legal process (such as a search warrant, subpoena or court order), to protect the company's rights or property, including without limitation the right to transfer the data in the event of a transfer of control of Astellas or the sale of substantially all of its assets, or during emergencies when safety is at risk.

At this Site you have control over how your Personal Information (as defined below) is obtained, used and given out. Your Personal Information is kept in strict confidence; Astellas utilizes appropriate security safeguards to keep your information confidential and secure. Only authorized personnel have access to your Personal Information and we do not release your Personal Information to third parties other than those third parties that are necessary to satisfy the Purposes (as defined below) for which the Personal Information was collected, including third party service providers. While we cannot guarantee that errors, loss or unauthorized access to your Personal Information will not occur, our procedures and systems are designed to protect your Personal Information from such events.

Please be sure to read this entire Internet Privacy Statement before using or submitting information to this Site. By using this Site, you agree with the terms of this Internet Privacy Statement. Whenever you submit information via this Site, you consent to the collection, use and disclosure of that information in accordance with this Internet Privacy Statement. Your use of this Site is also subject to the Terms of Use for the www.pennysworld.ca website.

INFORMATION WE COLLECT AND HOW WE USE IT:
Personally Identifiable Information. Personally identifiable information includes, but is not limited to, your name, address, e-mail, telephone number, survey information, site registrations or any other information which might reasonably be used to identify you individually (collectively "Personal Information"). Astellas collects Personal Information from you only when it is voluntarily provided. We collect your Personal Information for the following purposes:
to identify you;
protect us both against error and fraud;
to identify preferences and interests of Site users and comply with legal requirements, collectively, the "Purposes".

Except as set out above, Personal Information will not be sold, rented or exchanged with unaffiliated entities unless you are first notified and expressly consent to such transfer.

Astellas does not set "cookies" for this Site or collect any information via the use of bits of information deposited in the visitor's computer.

Non-Personally Identifiable Information. The Astellas web server captures the Internet Protocol (IP) addresses of each connection to this Site and the specific web pages visited during that connection. An IP address is a number assigned to your computer by your Internet Service Provider so you can access the Internet and is generally considered to be non-personally identifiable information because in most cases it changes each time you connect to the Internet. IP addresses may be used to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to the site, and administer and improve the site. Although the IP address and related information collected is stored in the server log files, no individual is authorized to access those files for any purpose other than system maintenance. We may also use this information to help improve our website and our services by better understanding our audience. Astellas may also collect non-personally identifiable information in aggregate form to track data such as the total number of visits to our websites, the number of visitors to each page of our websites, and the domain names of our visitors' Internet service providers. We may use this information, which remains in aggregate form to understand how our visitors use our websites so that we may make the sites better.

Children. Astellas does not knowingly collect any Personal Information from children under 18 years old through this Site except where clearly indicated on the Site, e.g. when asking children to submit stories for publication, etc.. However, if the parent or guardian of a child under 18 believes that the child has provided us with Personal Information without the parent's or guardian's knowledge and/or permission, the parent or guardian of that child should contact us at privacy.com@ca.astellas.com if they want this information deleted from our files. Anyone under 18 years old should seek their parent's or guardian's permission prior to using or disclosing any Personal Information on this Site.

Data Integrity and Security. Astellas takes reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect your information from loss, misuse and unauthorized access, disclosure, alteration or destruction. All information transmitted to this Site is secure to the extent possible using existing technology. You should keep in mind, however, that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this Site may not be secure, and you should therefore take special care in deciding what information you send to us via email. Moreover, where you use passwords, ID numbers, or other special access features on this Site, it is your responsibility to safeguard them. YOUR RIGHTS: Consent. We need to get your consent before obtaining or using Personal Information, or disclosing such Personal Information to anyone. By using this Site and providing your Personal Information, you are consenting to our use of your Personal Information for the Purposes. You can withdraw this consent whenever you want, unless legal requirements prevent this. Let us know if you do not want us to use your Personal Information in any particular way, including uses described in this Privacy Statement by contacting Astellas' Privacy Commissioner at: privacy.com@ca.astellas.com.

Review, Corrections and Deletions. At any time, upon reasonable notice, you can review all your Personal Information held by Astellas and request corrections to it or that it be destroyed. Subject to legal requirements, we will comply with your request as soon as we are able to do so. We rely on you to provide us with your complete, accurate and current information.

Questions. All questions or concerns regarding our use of your Personal Information and this Privacy Statement should be directed to: Astellas Privacy Commissioner.

GENERAL:
Links to Other Websites. Please note that the Site contains links to other third party sites and Astellas cannot represent or guarantee that these sites have privacy policies similar to Astellas. This Privacy Statement does not cover third party practices and Astellas disclaims all liability in relation to such third parties.

Astellas. In this Privacy Statement, "Astellas" includes Astellas Pharma Canada, Inc., and its affiliated, associated and related companies.

Changes. Astellas reserves the right to modify or amend this Privacy Statement without notice and at any time and for any reason.