PIERRE FABRE S.A, Limited liability company (SA) under French law with a capital of €272,367,035, whose head office is located at 12, avenue Hoche 75008 PARIS, France, listed with the trade and companies registry (RCS) of Paris under SIREN number 662 006 170
Phone: 33 (0) 1 49 10 80 00.
DIRECTOR OF PUBLICATION
Pierre Fabre SA
COULEUR CITRON, limited Liability Company with capital of 113,000 euros, registered at the RCS Toulouse under number 381 813 468, whose registered office is located at 14 avenue de l'Europe, Technological Park Canal, 31520 RAMONVILLE SAINT AGNE.
Customer Account Manager : Mrs Stéphanie WILLEMONT
Mail : firstname.lastname@example.org
Tel : +33 (0)220.127.116.11.02
OVH, simplified joint-stock company (SAS) under French law with a capital of €10,069,020, registered at 2 rue Kellermann - 59100 Roubaix - France, under the number 537 407 926, whose head office is located at 2 rue Kellermann - 59100 Roubaix – France
GENERAL CONDITIONS OF USE OF DERMAWEB WEBSITE
ARTICLE 1 - OBJECT OF Terms of service -TOS/ GENeRAL CONDITIONS OF USE - GCU
These terms and conditions (hereinafter the "Terms") are intended to define the conditions of use and access of the site DERMAWEB (hereinafter the "Site") belonging to PIERRE FABRE SA ( hereinafter referred to as "PFSA") that the users (hereinafter the "Users") accept solely by consulting them.
If the Users do not accept them, PFSA asks them to leave the Site.
The Terms are subject to French law and may be modified at any time without notice.
The use and consultation of the Site is limited to personal and non-commercial purposes.
In general, the User is prohibited from using all or part of the Site for unlawful purposes (copyrights) or contrary to these Terms.
The TOS are opposable to any User who connects to the Site.
ARTICLE 2 - SERVICE DESCRIPTION
The Website was created to provide Users, health professionals (dermatologists, doctors and pharmacists), a free Website dedicated to the field of dermatology, by offering training, medical information and exchanges in order to:
- Facilitate access to medical information in dermatology for Users by setting up an interactive tool offering courses consisting of courses, cases and clinical studies, illustrated by numerous iconographies and films, then validated by a multiple choice questionnaire ;
- To make available to Users an exclusive database updated regularly, to facilitate its research: Toxidermies and, using the mobile application Skingrug by Dermaweb exclusively owned by PFSA;
- Offer a weekly press review consisting of three articles selected by an expert in the national and international medical press;
- Inform users of upcoming congresses and symposia;
- Offer Users, practitioner, the diagnostic and therapeutic assistance of an online hospital service through the Skindiag by Dermaweb mobile application;
- Allow users, practitioner, to test their knowledge, among peers, through different Quiz: Quiz Clinical case proposed by a hospital dermatology service
- Dermascopy quiz animated by a group of experts;
- Clinical cases of Saint Louis proposed by Professor Martine Bagot and written by Dr. Emmanuelle Bourrat;
- Oral image of the fortnight animated by a group of experts.
- Many other tools and services: practical sheets for Users and their patients, doctor-patient relationship coaching, educational videos, brief e-dermatology, dermatological cultural tickets, etc.
(Hereinafter the "Service (s)").
The Site fully funded by PFSA. The Site can not constitute a contractual offer and does not accept any form of advertising.
Insofar as the updating of the Site is carried out taking into account all the activities, it could happen that some new information, Services or advertisements are no longer valid at the time of their diffusion or that they are simply outdated . PFSA can not guarantee, although it makes the necessary efforts, the perfect update of all information, Services which are diffused on the Site.
PFSA does not guarantee the accuracy and completeness of the information, Services contained on the Site. PFSA will make the corresponding corrections. Moreover, the information and the broadcast services offered may have been updated between the moment the users have viewed them and the one where the users read them. PFSA does not in any way guarantee that this information, these Services are accurate, complete and up-to-date.
The Site can in no way be considered as delivering online consultations. The Services, made available on the Site are intended to support and not to replace the relationship between a patient and his doctor. The use of the Site is under the sole and complete responsibility of the User. PFSA can not be held responsible for any results obtained as a result of using the Site. In particular, the User has been informed that the Site was not intended to substitute for medical advice.
Unless otherwise expressly stipulated, any new feature that enhances or increases one or more existing Service (s) or any new service launched by PFSA will be subject to the TOS.
Users accept that the Service is provided to them "as is". Users agree to use the Site in accordance with the purposes described in the TOS, not to divert the purposes of the Site and not to attempt to divert Users to another service.
ARTICLE 3 - EDITORIAL policy
The entire scientific content of the Site is written by doctors, experts in their field.
The content of the Site is validated by a scientific committee meeting twice a year in order to validate the new uploads and define the areas of development of the Site.
Contributors are paid by PFSA for their publications on the Site. However, some content is provided free of charge.
The scientific committee does not receive any fees from PFSA.
The scientific committee is composed of the following members:
- Professor Martine BAGOT, PU-PH Hospital Dermatologist (Paris, France) Head of Dermatology Department at Saint-Louis Hospital.
- Professor Philippe BAHADORAN, PU-PH Hospital Dermatologist, Coordinator Clinical Research Center (Nice, France).
- Professor Jean-Claude BEANI, Honorary PU-PH, Hospital Dermatologist, President (Grenoble, France)
- Dr. Serge BOULINGUEZ: Hospital Practitioner (Toulouse, France)
- Dr. Emmanuelle BOURRAT, Hospital Dermatologist (Paris, France)
- Dr. Alain BRIANT, Liberal and Hospital Dermatologist (Toulouse, France)
- Dr. Miguel CORREIA, Dermatologist (Lisbon, Portugal)
- Professor Moussa DIALLO: Associate Professor at CHU A.Le Dantec (Dakar, Senegal)
- Dr. K.C HAU, Dermatologist (Hong Kong, China)
- Professor Nadia ISMAILI, Dermatologist (Rabat, Morocco)
- Professor Henry LIM, Dermatologist (Detroit, USA)
- Professor Juliette MAZEREEUW-HAUTIER, PU-PH Hospital Dermatologist (Toulouse, France)
- Professor Nicolas MEYER, PU-PH Hospital dermatologist and oncologist (Toulouse, France)
- Dr. Paulo NOTAROBERTO, Dermatologist (Rio de Janeiro, Brazil)
- Professor Nicolas ORTONNE, Departmental Pathology Coordinator CHU Henri Mondor (Creteil, France)
- Professor Carle PAUL, PU-PH Hospital Dermatologist (Toulouse, France)
- Professor Giovanni PELLACANI, Dermatologist (Modena, Italy)
- Dr. Jean-Louis PEYRON, Liberal and Hospital Dermatologist (Montpellier, France)
- Dr. Michele RAMIEN, Dermatologist at Children's Hospital of Eastern Ontario (Ontario, Canada)
- Dr. Vincent SIBAUD, Dermatologist, Oncodermatology Project Director (Toulouse, France)
- Professor Eggert STOCKFLETH, Dermatologist (Bochum, Germany)
- Professor Antonio TORRELO, Dermatologist (Madrid, Spain)
- Dr. Emmanuelle VIGARIOS, Hospital Practitioner at the University Institute of Cancer. Specialty: Oral Medicine (Toulouse, France)
- Dr. Daniel WALLACH, Dermatologist (Paris, France)
Committee members are chosen based on their work, expertise in their field, experience, teaching and communication skills.
Users are aware that all information, data, texts, software, advice, photographs, images, videos, advice sheets, messages or other material on the Site (hereinafter collectively referred to as "Content") are under the sole responsibility of the person who issued this Content.
ARTICLE 4 – TERMS OF ACCESS TO THE SITE
4.1. CREATING AND DELETING A USER ACCOUNT
The Website is accessible online by logging on to the following address: http://www.dermaweb.com.
To access the Site, the User must have the hardware skills necessary for the use of the Internet. In order to access the Site via a computer, tablet, mobile phone (hereinafter the "Equipment"), the User must have access to the appropriate broadband Internet, a telephone subscription allowing access to Internet of a computer / tablet / compatible mobile phone such as: smartphone (IOS, Android), wap connection, wifi and / or 3G / 4G.
The User acknowledges that the conditions of the contract with his Internet / mobile operator will continue to apply when using the Site. The User will assume all the costs that can be claimed by the operator related to the access to Internet connection services, wifi, wap and / or 3G / 4G, the use of the Site.
The User agrees, during use, to impede, disrupt the proper functioning of the Site, servers, networks and / or modify, adapt, hack the Site and / or modify an application or site third parties so as to create confusion as to the link with the Site.
The User is aware of the constraints and limitations of internet and telecommunication networks and therefore commits to:
- protect his Equipment against any form of virus, attempted intrusion, access and / or use not authorized by third parties;
- ensure the conditions of installation, operation and maintenance of its Equipment necessary for the proper functioning of the Site.
In order to gain access to the Site, registration and the creation of an account (hereinafter the "User Account") are mandatory.
Any User may only hold one (1) User Account.
In order to create an Account, the User must connect to the Site and must enter via the form provided for this purpose, the requested identification data: contact information, email, password.
The User is solely responsible for the veracity, consistency and completeness of the information provided on his User Account.
By the use that Users make of the Service, they agree to:
- Provide true, accurate, up-to-date and complete information about themselves (this information is hereinafter referred to as the "Registration Data")
- And maintain and update this Registration Data on a regular basis to keep it true, accurate, up-to-date and complete. In the event that the Registration Data is false, inaccurate, outdated or incomplete, PFSA shall be entitled to suspend or terminate the User Account and to deny the relevant User immediately and for future access to any or all part of the Service.
At the end of the registration process, the User will receive a confirmation email. The User must open the message and follow the instructions to confirm his registration. At the end of his registration, the User will obtain a password via an electronic message, allowing him to participate in the various Services of the Site. The User is solely responsible for their use, storage and backup of their access code. The User acknowledges that he is responsible for respecting the confidential and personal nature of the login and password associated with his User Account.
As such, the User agrees to be the sole and only responsible to PFSA for all acts performed from his User Account and the protection of his password.
In addition, the User agrees generally to take any precaution useful and relevant, particularly in terms of security of access to its Equipment so that said data are not accessible to unauthorized third parties. PFSA will in no way be responsible for access by Third Party Equipment to the data entered into the Site.
The access codes must be kept by the User safely and must not be communicated or shared with third parties. Therefore, any connection or data transmission made with the password of a User will be deemed to have been made by the latter. PFSA can not be responsible for the loss of this password.
In the event of loss, theft or theft of his password and / or User Account, the User agrees to inform PFSA without delay to the address appearing at the top of the GTU or by email to the following address: email@example.com
It is not possible for multiple User Accounts to use the same email address.
Only the User and the administrators of the Site can access the User Account.
The User may request the deletion of his User Account and any data concerning him, at any time, without having to justify any reason, by simple email sent to the following address: firstname.lastname@example.org or by mail to the address listed at the top of the TOU.
PFSA may terminate use of the Site by a User subject to one (1) month's notice.
PFSA also reserves the right to terminate the User Account, automatically, in the case of a judicial decision binding it, events of force majeure, breaches of these Terms or in case of suspicion of fraud.
PFSA reserves the right to claim damages for the damages suffered as a result of such breaches.
The termination of the User Account results in the termination of the licenses to consult / use the Services granted to the User, who must cease all use of the Site. As such, the User will not be entitled to any compensation.
4. 2. OBLIGATIONS OF USERS
By using the Site, Users are prohibited from:
- use the Site, the Services to engage in politics, propaganda or proselytism;
- divert the Site from its purpose;
- carry out illegal activities, including infringing rights holders on texts, photographs, images, texts, videos, etc. ;
- Advertise or induce other users to use any other service, competitor or not;
- To interfere in any way with the operation of the Site;
- Infringe intellectual property laws;
- Violate the laws and regulations in force.
Users are forbidden to:
- Download, send, transmit by e-mail or in any other way any content that is illegal, harmful, threatening, abusive, constituting harassment, defamatory, vulgar, obscene, threatening for the privacy of others, hateful, racist, or otherwise objectionable;
- View, display, download, transmit any content that would be contrary to the laws in force in France and particularly in the field of intellectual property;
- Trying to mislead other Users by usurping the name or corporate name of others and specifically by impersonating you as an employee or affiliate of the PFSA service, moderator, guide or host;
- Download, post, transmit by e-mail or in any other way any content containing computer viruses or any other code, file, or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunication tool without this enumeration is not exhaustive;
- Download, post, email or otherwise transmit any infringing Content, any patent, trademark, trade secret, intellectual property right or other proprietary right (hereinafter collectively referred to as "Rights") belonging to others;
- Disrupt the normal flow of dialogues, speed up the scrolling of the screen in such a way that Users are unable to follow and enter their dialogue or commit any action with a similar disruptive effect impeding the ability of Users communicate in real time;
- Hindering or disrupting the Service, servers, networks connected to the Service or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the Service;
- Harassing in any way another or more other Users;
- Collect and store personal data, identification data, relating to other Users.
PFSA or any person or entity designated by PFSA, will be entitled to remove or remove any content that violates the terms of these and / or applicable regulations and / or is otherwise objectionable. Users also acknowledge that they must exercise good judgment and bear all risks relating to their use of the Website.
ARTICLE 5 - USE OF DISPENSED ADVICE ON THE SITE
The Content of the Site is made available to the Users of the Site. This provision does not imply the transfer of any property rights attached to the Content. You are only granted a license to use the Content, non-exclusively and for your private use. As such, it is forbidden for Users to copy or reproduce in whole or in part the Contents by any means and on any medium, existing or future, to translate the Content into any other language or language. , to adapt the Contents.
PFSA can not be held responsible for direct or indirect consequences and / or for any damage that may occur as a result of defective or pirated Content. Moreover, PFSA does not assume an obligation of result but of means as to the Contents, which are delivered to Users.
Finally, PFSA gives no explicit or implicit guarantee, and assumes no responsibility for the use of the Content. These are only indicative. For any additional information and / or doubt, Users can write to the following address: email@example.com.
ARTICLE 6 - GUARANTEES AND LIABILITY
The use of the Site is under the sole and entire responsibility of Users. Users agree to use the Site in accordance with its purpose.
PFSA guarantees the peaceful enjoyment of the Site to the Users and guarantees in particular that the Site does not infringe any intellectual property right held by a third party and that it is original. PFSA guarantees that the Website complies with the French legal provisions in force and the applicable industry standards for websites.
Users undertake not to voluntarily or even involuntarily introduce viruses, bugs or files of any kind whatsoever disrupting the operation of the Site in such a case they would assume the entire responsibility.
In the spirit of respect for all, PFSA may sue unscrupulous Users in court.
The User declares and guarantees that he / she is fully aware of the characteristics and constraints of the Internet, and in particular that data and information transmissions over the Internet only benefit from a relative technical reliability, as they circulate on the Internet. heterogeneous networks with different technical characteristics and capabilities that disrupt access or make it impossible at certain times.
PFSA can not be held responsible for any damage occurring as a result of the connection to the Site or the use of the Site by a User.
PFSA can not be held responsible for errors, omissions, viruses or results that may be obtained by misuse of the Content and the Site. PFSA is in fact held only by a simple obligation of means. PFSA, managers or employees of PFSA can not be held responsible:
- For any damage whatsoever from a connection, access or use of the Site;
- Damage resulting directly or indirectly from the consultation of the Site or the use of the Content available on it;
- Direct or indirect damages resulting from the use of the Site, including any loss of exploitation, financial or commercial or loss of the Site or data in any information system and even if PFSA has knowledge of the eventuality of such damage.
Under no circumstances will PFSA be liable for any loss of Content or any deterioration related to this Content. Any information, Content provided by the Site can not be interpreted as any guarantee.
Subject to the applicable legal or regulatory provisions, PFSA can not be held liable for any damages, including, but not limited to, losses of profits, customers, data, intangible property that may occur as a result of the use or the impossibility of using the Site, and more generally any event related to the Site and / or any third party site.
6.2. MODIFICATION OR STOP OF SITE
PFSA strives to keep the Site accessible 7 days a week and 24 hours a day, but is under no obligation to do so. PFSA can therefore interrupt access, especially for reasons of maintenance and upgrading. PFSA is in no way responsible for the completeness of these interruptions and the consequences that may result for the User or any third party.
PFSA reserves the right to modify or delete the Site without notice and without liability. The deletion or modification of the Site can not in any way justify for Users a particular counterpart, nor any damages award.
Users acknowledge and expressly accept that:
- Their use of the Site and the Services is at their own risk. The Service is provided on a "as-is-as-is-as-it-as-available" basis, and PFSA does not provide any express or implied warranties of merchantability and fitness for a particular purpose, and the violation of the rules of use of the Service by its Users (this enumeration is not exhaustive).
- PFSA does not guarantee that the Site and / or the Services will meet / meet their expectations; that he (she) will be / will be uninterrupted, timely, over or without any error; the results that can be achieved using the services will be accurate and reliable; the quality of any Services, information or other material obtained by them on the Service will live up to their expectations; defects in the software used, if any, will be corrected.
- Any material downloaded or obtained in any other way while using the Service is at their own risk. Users will be solely responsible for any damage to their computer or any loss of data resulting from the download of this material.
Any damage to the image or reputation of PFSA resulting from content posted by Users (collaborative portal) may lead to prosecution.
PFSA provides users with forum features. PFSA can not be held responsible for the information and comments made in this forum. PFSA reserves the right to delete all messages, particularly if these messages are likely to infringe the rights of third parties or if they do not correspond to the editorial line of the Site, or if they are not in conformity with Article 4.2 . above.
In this context, Users commit:
- not to publish content that undermines human dignity;
- to respect the private nature of the contents;
- not to infringe the laws of intellectual property;
- not to break public order;
- to respect the laws and regulations in force;
- not to interfere in any way whatsoever with the operation of the Site;
- not to disclose to other Users or to any other person his login information;
- not to advertise or incite the attention of other Users to use any other service, competitors or not.
It being specified that, PFSA reserves the right to oppose the publication of any content that contravenes all or part of the provisions of the TOS and / or to delete any content of the Site.
ARTICLE 7 - INTELLECTUAL PROPERTY
Unless otherwise provided herein, all elements appearing on the Site and the Site itself (including but not limited to Content, databases, graphics, logos, trademarks, names, animations, sounds, and all other elements ) (hereinafter the "Elements") are the exclusive property of PFSA and / or third parties having granted it a license, and falls under French and international legislation on copyright and more broadly on intellectual property.
The Materials are protected by copyright, copyrights, trademarks, database rights, trade secrets and / or other intellectual property rights. All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or other representations. Reproduction of all or part of the Site on any electronic medium whatsoever is strictly prohibited without the express permission of the publication director.
PFSA grants to the User a free, non-exclusive, non-transferable, personal license limited to its private use, access, use and visualization of the Site and its Elements. This right is granted for exclusively personal, private and non-commercial use and subject to retaining all relevant copyright and intellectual property notices. As such, the User is prohibited from copying and / or reproducing in whole or in part the Elements by any means and on any existing or future medium, to translate the Elements into any other language or language and to adapt the Elements.
Users may download, display or print the Elements available on the Site for professional use, for non-commercial purposes only, without modifying any mention of the intellectual property right and making sure to reproduce on each copy that will be made the following statement : "This document is from Pierre Fabre SA All rights of reproduction are reserved Any use, other than the one referred to above, is prohibited without the prior written permission of Pierre Fabre SA".
The User expressly undertakes that the Use of the Site does not in any way affect the rights of PFSA, and in particular that such use does not constitute an act of counterfeiting, unfair or parasitic competition.
The trademarks and logos used in the Site have been registered, their reproduction constitutes an infringement. All rights of use are reserved. In accordance with Article L.122-4 of the Intellectual Property Code, any representation or reproduction not expressly authorized, in whole or in part and by any means whatsoever, is unlawful and constitutes an infringement punishable under Articles L. 335-2 and following of the code of intellectual property.
The User is not authorized to sell, copy, rent, market, transfer, assign, or otherwise under grant, modify, adapt the Site, melt all or part of it in another software, translate it, decompile it, disassemble, or create any software, any function derived from the Site without the express written permission of the Director of Publication.
Failure to comply with these rules would amount to a copyright infringement.
Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the Code of Intellectual Property.
ARTICLE 8 - HYPERTEXT LINKS
The User is informed that PFSA can provide links to websites and / or applications belonging or not to the Pierre Fabre Group. These websites and / or applications are independent of the Site.
PFSA neither edits nor controls the sources and contents of these websites or their links to other websites and / or applications.
The links to these websites and / or applications do not constitute in any way an endorsement, validation or adhesion of PFSA to the content of these websites and / or applications and, even more so to the use that could be made of them.
Consequently, PFSA can not be held responsible for the content, the products, the services, the advertising, the cookies or other elements of these Internet sites as well as for all the damages or losses, proven or alleged, consecutive or in relation with the use of such information, services or data available on these websites and / or applications.
The creation of hypertext links in the Site can only be done with the prior written permission of PFSA. Any request for authorization must be sent to the following contact address: firstname.lastname@example.org
ARTICLE 9 - NON-WAIVER AND PARTIAL NULLITY
In the event that one of the provisions of the GCU would be null and void by a change in legislation, regulation or by a court decision, this could in no way affect the validity and compliance with other provisions of the Terms.
The fact that one of the Parties does not avail itself of any of the provisions of the GCU can not be a waiver of the right to use the same provision at a later date.
ARTICLE 10 - MISCELLANEOUS
To the extent that a provision of the UGC would become invalid or if the latter were to contain a gap, the provision in question would be replaced by that which would be closest to it from the point of view of legal interpretation.
ARTICLE 11 - TERMS AND CONDITIONS CHANGES
In case of translation of the Terms, only the French version is valid and applicable.
ARTICLE 12 - APPLICABLE LAW AND COMPETENT COURTS
The Terms are subject to French law.
Any dispute that arises in connection with the TOS will be submitted to mediation, prior to any legal action or arbitration.
In the event of failure of the mediation the dispute will be brought before the competent jurisdiction within the competence of the Court of Appeal of Paris.