Terms of Use

Website Terms Of Use

Your use of this website is conditioned upon your acceptance of these terms.  If you do not agree to these terms, do not access or use this website.

We reserve the right to update these terms at any time by posting an updated copy of the terms to the site and you waive the right to notice of any specific changes to these terms.  By continuing to access and use the site after these terms are updated, you agree to the updated terms.

This website and any Palatin mobile applications (collectively, the “Site”) are operated by Palatin Technologies, Inc. (“Palatin” or “we” or “us”). By accessing or using this Site, you agree to these Terms of Use (“Terms”) and to our Privacy Policy available on this Site (“Privacy Policy”).  If you do not agree to these Terms, do not access or use this Site. If you have any questions about the Terms, please contact us at the address below.

Privacy

Use of this Site is subject to our Privacy Policy. Our Privacy Policy is incorporated into, and forms an integral part of, these Terms.  Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide to Palatin, and your responsibilities and obligations with respect to such personal information.  Please review our Privacy Policy carefully.

Personal Use of Sites

Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.

You agree that you will not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any “scraping” or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via “in-line” linking, or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules, and regulations. You may not use any meta tags or other “hidden text” utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Palatin. You may not display or reproduce the Marks in any manner without the prior written consent of Palatin, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

User Submissions

These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio or sound recording, artwork, ratings, reviews or other materials or information you submit to, or through the contact means provided on. the Site (each a “Submission”). When you submit a Submission, you agree to the following:

  • your Submission is original, accurate, created by you, and not an impersonation;
  • you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
  • you are not an employee of Palatin, nor do you work for an affiliate or agency of Palatin hired to promote or sell Palatin products;
  • your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Palatin or any third party;
  • your Submission is made without any prior payment or promise of payment for your proposed Submission now or in the future;
  • your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
  • your Submission does not contain content which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, or any other applicable personal or proprietary rights;
  • your Submission does not contain content which violates any law, statute, ordinance, or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
  • your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
  • your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information, or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Palatin;
  • your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
  • Palatin’s use of your Submission does not violate these Terms and will not cause injury to any person or entity.

Palatin does not and cannot review all Submissions submitted by users accessing the Site and is not in any manner responsible for the content of these Submissions. Palatin will have no obligation to post or use any Submission(s). Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Submission will be considered non-confidential and non-proprietary. Palatin will have no confidentiality obligations with respect to the Submissions.

By submitting a Submission, you grant to Palatin:

  • a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on Palatin’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
  • an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on Palatin’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.

By submitting a Submission, you agree to release, hold harmless, and indemnify on behalf of yourself and your successors, assigns and representatives, Palatin and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Palatin’s rights as noted above.

You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.  Palatin does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission(s).

Finally, we appreciate hearing from the public and welcome your comments regarding the Site or Palatin projects or Content. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that Palatin: (a) will own, exclusively, all now known or later discovered rights in and to the Creative Ideas and that you have the full right and authority to grant and convey the exclusive ownership of the Creative Ideas to Palatin in accordance with these Terms; (b) will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas for any purpose; and (c) will be entitled to the unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person; and (d) you expressly waive any right to contest Palatin’s ownership of any intellectual property rights related to the Creative Ideas.

Use of the Site

You may not do any of the following while accessing or using the Site: (i) use the Site in breach of these Terms; (ii) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of any Site or use or access to the Site; (iii) access, tamper with, or use non-public areas of the Site, Palatin’s computer systems, or the technical delivery systems of Palatin providers; (iii) harass, threaten, stalk, or intentionally embarrass or cause distress to another person or entity; (iv) impersonate another person or entity; (v) promote, solicit, or participate in any multilevel marketing or pyramid schemes; (vi) solicit personally identifiable information from or exploit any individual under eighteen (18) years of age; (vii) engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme; (viii) introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website; (ix) gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites; (x) invade the privacy of any person, including submitting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users; (xi) use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or (xii)
access the Site from a jurisdiction where it is illegal or unauthorized.

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to: legal@palatin.com.

Termination

We may suspend or terminate your access to the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Site to you is no longer commercially viable. In all such cases, your license to use the Site immediately terminates.  Nothing in this section shall affect Palatin’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

Disclaimers, Limitations of Liability and Indemnity

Please read this section carefully since it limits the liability of Palatin and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Palatin Parties”). Each of the subsections below applies to the maximum extent permitted under applicable law.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE PALATIN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM MALICIOUS OR HARMFUL CODE, AND NON-INFRINGEMENT; (B) THE PALATIN PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PALATIN PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PALATIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE PALATIN PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.

Links

The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

You agree to defend, indemnify, and hold harmless the Palatin Parties from and against any claims, actions, and demands, including without limitation reasonable attorneys’ and accounting fees and costs, relating to or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, (iii) your breach of these Terms, or (iv) Submitted Content or Creative Ideas. We will provide notice to you promptly of any such claim, suit, or proceeding.

GENERAL TERMS

Waiver and Severability

The failure of Palatin to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New Jersey without regard to its choice of laws principles. All claims, legal proceedings or litigation arising from or relating to these Terms of Use or their claimed breach, or otherwise relating to or rising from to your use of the Site, may be commenced and resolved only in a federal or state court located in the State of New Jersey, and you consent to the exercise of personal jurisdiction by and exclusive venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms and our Privacy Policy and any applicable are the entire and exclusive agreement between Palatin and you regarding the Site (excluding any service for which you have a separate agreement with Palatin), and these Terms supersede and replace any prior agreements between Palatin and you regarding the Site.

We may revise these Terms from time to time, in whole or in part, at any time in our sole discretion upon notice to you by electronic means, including by posting such information and materials online. Any changes or modifications will be effective immediately upon posting the revisions to this Site, and you waive any right you may have to receive specific notice of such changes or modifications.  By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.

Contact Us

If you have any questions about these Terms or the Site, please contact us please contact us at legal@palatin.com, by mail at Palatin Technologies, Inc., 4B Cedar Brook Drive, Cranbury, NJ 08512, or by telephone at (823) 258-5690.

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Copyright 2021 Palatin Technologies, Inc. All rights reserved.

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