Warning:

1. The following provisions include important information related to the conditions (hereinafter referred to as the “Conditions”) of access and use of the Company website whose domain name is www.imaios.com (hereinafter referred to as the “Website”). These provisions rule the relationship between the Company and the Website user(s).

2. The Website is exclusively dedicated to health professionals. If you are not a health professional, you are invited to leave the Website.

3. Indeed, the Website does not intend to answer the questions of the public related to the health domain; it does not intend to replace the relationship between the general practitioner and its patient; nor does it intend to replace the medical diagnostic of the general practitioner.

4. More generally, we would strongly advise you to ask for your general practitioner’s opinion before taking into account the content of any website related to the medical domain.

5. By consulting the Website and its contents, or by using each and every service proposed by the Website, you agree entirely and without reserve to the present Conditions, and you certify being bound for an undetermined period by the Conditions in question, whether you are a health professional or not. In particular, the Conditions include several limitations or exclusions of liability, as well as a dispute resolution clause applying to each and every dispute that might arise between the Company and the Website user(s).

6. The Company is entitled to modify the Conditions at each and every moment without prior notice; with the Conditions being available through a hypertext link placed on each and every page of the Website, it is the responsibility of the user to read them and their updates.

7. If the user happens not to agree with the Conditions, the user should not use the Website.

 

1. Presentation of the website

a. Description and purpose of the Website

The Website is exclusively dedicated to health professionals (hereinafter referred to as the “Users”). It was designed for teaching purpose (scientific articles, patterns, tools and other resources, etc.) inside the medical domain.

b. Origin of the Website

The Website is published by Imaios SAS, whose authorized capital is 37000 euros, established in Rond-Point Benjamin Franklin – F 34000 Montpellier, registered number: 505 111 716 R.C.S. Montpellier.

The publication director is: Denis Hoa.

c. Website hosting provider

The Website is hosted by iWeb Technologies Inc., registered in 3185, rue Hochelaga, Montreal (Québec) H1W 1G4 CANADA.

d. Website regular authors

The following persons contribute on a regular basis to the supply of medical information broadcast on the Website:

Denis Hoa:

  • Medical Doctor, Radiologist
  • Major of the University of Medicine of Montpellier
  • Master of research in Medical physics.

Antoine Micheau:

  • Medical Doctor, Radiologist
     
  • University of Medicine of Montpellier

e. Financing of the Website

The Website is financed by the publisher, advertisements and subscriptions.

The authorized capital of the publisher is owned by individuals, who do not have any link, direct or indirect, with the drug companies.

 

2. Access to the Website

a. Free access and subscription

The access to the Website is free. However, the publisher is entitled, at any moment and without prior notice, to require the payment of a fee in order to access any or all parts of the Website.

The access to a specific part of the Website might require prior subscription. The subscription procedure should be revealed at the time of subscription.

In case of breach of the Conditions by the User, the publisher is entitled to suspend, to limit, and/or to deny any access to the Website without prior notice.

b. Updating and interruption of the Website services

The publisher is entitled, at any time, to modify and/or delete information that is available on the Website. The publisher is entitled to interrupt, to suspend temporarily or definitively, and/or to modify the access to the Website or part of it, in order to update it or for any other reason. Such interruption shall not give the User the right to receive damages or any other right.

3. Warning to the User

a. Quality of the provided information

The publisher does his best to insure that the information available on the Website is of a high standard and updated regularly. However, the Website might include wrong and/or inaccurate information; omissions; and/or data which were published without the publisher prior consent.

Moreover, information available on the Website has an educative purpose and stands as an indication without any guarantee of any kind. They are exclusively dedicated to the use of health professionals duly authorized to practice in France and/or abroad.

This information should not, in any case, replace the advice of health professionals and/or being considered, or interpreted as being, advice or recommendation of any kind.

The User bears the entire responsibility of the use of the information available on the Website. As a professional, the User should use his/her own judgment in order to assess the reliability of the information in question. In any case, the publisher strongly advises every User to double check the information in question by consulting other sources.

 

b. Exclusion of liability and of guarantee of the publisher

The User is responsible for the use of the website and its information. The User acknowledges using the Website and its information at his/her own risk.

Therefore, the responsibility of the publisher, his partners, his employees and/or any other party involved in the conception and/or the commercial use of the Website, should not be responsible for any damages, direct or indirect of any kind, resulting from the access to the Website or the use of its information.

 

c. Responsibility and guarantee of the User

The User should guarantee and pay damages to the publisher, his partners, his employees, and/or any party involved in the conception and/or commercial use of the Website, against any claim formed by a third party and caused, directly or indirectly, by the User’s use of the Website.

Therefore, the User should pay for any damages to which the publisher, his partners, his employees and/or any party involved in the conception and/or commercial use of the Website, should be convicted.

The User shall also be liable for any justice fees and lawyer expenses.

It is of the responsibility of the User to check whether or not the Website is in accordance with the law applicable to the place from where the User is consulting the Website. The User acknowledges that it is an offense to use the Website in any way that infringes upon the rules and the laws applicable to the place from where the User is consulting the Website. The responsibility of the publisher and/or any party involved in the conception and commercial use of the Website should not, in any case, be engaged in case of infringement of the law applicable to the country from where the Website is consulted.

d. Hypertext links

The Website might include hypertext links to other websites managed by third parties. However, the publisher does not guarantee the quality of the website in question at any time. Therefore, the publisher shall not be responsible neither for the content nor for the services provided by the websites in question.

e. Advertisements

The publisher makes the commitment to clearly identify the advertisement banners and/or any advertisement frame by the word “ads” or any other similar term.

The publisher might subscribe to services provided by third companies allowing them to automatically and directly insert advertisements in the advertisement frames mentioned above. However, the publisher monitors each and every commercial inserted in his Website and might delete one or several of them at any time.

 

4. Personal data & confidentiality

a. CNIL registration

The publisher makes the commitment to collect and manage personal data throughout his Website in accordance with the law n°78-17 of January 6, 1978.

Consequently, the publisher certifies that the Website is registered in the CNIL, which delivered the receipt n°1279218 of February 25, 2008.

b. Collection of personal data

1. Cookies, including information related to the browsing of a User

The User authorizes the publisher to place one or several Cookies in the computer he/she is using to consult the Website. The information collected shall be preserved for one year.

The User may refuse the placement of Cookies, in particular with the tools proposed by the following browsers: Internet explorer, Netscape Navigator, Mozilla Firefox and/or Opera.

2. Restricted access area

The publisher proposes a selection of services (contribution to the discussion forums on the Website, etc.) only available to subscribed Users.

The information given through the subscription process is used to identify the subscribed Users in order to manage their contribution to the restricted access area of the Website, particularly the discussion forums (sending of posts, etc.)

The information might also be used by the publisher in order to contact a subscribed User, or by different subscribed Users in order to contact each other. If the User has given his/her consent at the time of subscription, or by later modification of his/her personal account, its personal data might also be used by the publisher’s partners in order to contact the User in question.

The information might be transferred to any judicial and/or administrative authority on request.

The subscribed User expressly certifies that the information given through his/her subscription is accurate and makes the commitment to keep it up-to-date without any delay.

The subscribed User is responsible for keeping the login and password granted to him/her by the publisher in order to access the restricted area, confidential. The User should take every measure necessary to protect his/her own data.

c. User’s right

The publisher makes the commitment to act in accordance with the law n°78-17 of January 6, 1978, related to computer sciences, files and freedom.

In accordance with articles 39 and the followings articles of the law in question, every person is entitled to obtain the communication and, eventually, the correction and/or the deletion of his/her personal data by contacting the following service: …

The information given by the User is reputed not to be confidential unless stated otherwise. It may be freely used by the publisher, unless stated otherwise.

d. Statistics

The publisher subscribes to services provided by third companies in order to establish statistic related to the visit and to the use of the Website.

These statistics are anonymous and do not lead to the regarding of personal data.

 

5. Ownership of the Website and of its content

a. Protection of the content of the Website

All Intellectual property rights on the Website and its contents (hereinafter referred to as the “Contents”) including but not limited to text, databases, software, applications, slideshow, logos, pictures, drawings, charts, videos, sound files, are owned by the publisher and/or by third parties that authorized the publisher to exploit them.

The Contents are protected by the laws of France and by international laws, in particular the copyright, rights to the design and pattern, trademark and right to databases.

The names and trademarks mentioned on the Website are trademarks registered by the publisher or his inheritors. Any copies, imitations, and commercial use of the trademarks in question are forbidden.

b. Use of the Website

The Website is exclusively dedicated to the private and personal use of the User. The publisher only grants the User authorization to consult the Website.

Any other use (in particular any commercial copying, modification, adaptation, and distribution) is strictly forbidden without the publisher prior consent in written form.

The publisher being the producer and/or the owner of all or part of the databases available and/or in use on the Website, it is strictly forbidden to extract and/or to use all or part of the content of the databases available on the Website.

c. Hypertext links

It is forbidden to place direct hypertext link directed to an internal page and/or document of the Website without the publisher’s prior consent.

 

6. Miscellaneous

a. Translation

The translation in English and/or in any other language of the Conditions is provided only for the knowledge of the User. In case of contradiction between the English version and the French version, the French version (available through the following link :…) shall prevail and is the only one that binds the parties and rules the relationship with the publisher.

b. Complaint

Any complaint or notice mentioning abuse (for example, offensive contributions to the Website’s discussion forums) or infringement of copyright law should be sent in written form to the following address: …

In case of infringement of copyright, the following information should be mentioned:

- Identity, details, and signature of the owner of the copyright claiming to be infringed upon;

- Eventual mandate of the person acting on behalf of the owner in order to establish the copyright infringement notice;

- Precise description of the elements infringing upon the copyright of the owner, and which therefore should be deleted;

- Declaration of honor certifying the accuracy of the information transmitted to the publisher.

c. Failures of the User

In case of breach of any provision of the Conditions by the User and/or in case of infringement of any law, if the publisher does not address the issue, it should not be interpreted as a renunciation by the publisher to the provision in question. Indeed, the publisher’s rights to complain remain, and the publisher may exert them at a later date.

If a provision of the Conditions happens to be in contradiction with any law and/or imperative rule, the provision in question should be considered as unwritten, but the other provisions of the Conditions shall remain applicable.

d. Applicable Law and Jurisdiction

The Website was designed in France. It is hosted in Canada.

The Conditions shall be interpreted and applied according to and governed by the laws of France, excluding any laws that might lead to the application of the laws of another jurisdiction.

The courts of France shall have jurisdiction to hear any dispute set under the Conditions which cannot be amicably settled otherwise.