TERMS OF ACCESS AND USE OF THE SITE

 

Last updated on May 23, 2018

Please read these terms of access and use carefully

1. This document contains important information regarding the conditions (hereinafter "terms") of access and use of this site that is accessible at the address: www.imaios.com (hereinafter "Site") which are applicable between the company that publishes the Site and all users of the Site (hereinafter "User").

 

2. This Site may only be used for informational purposes. As such, it is intended exclusively for experienced health care professionals and those who are already engaged in a training process that is independent from the Site, aiming to become professionals. If you are not in such a situation, please kindly leave the Site, as it is not intended for you.

This Site cannot in any way answer the medical questions of the general public. It is not intended to replace the relationship between the patient and his/her health care professional or to substitute for his/her medical opinion.

In general, we recommend that you always seek the advice of your regular doctor before consulting websites with medical content.

 

3. By accessing the Site and its content, or by using any of the services offered on the Site, you fully and unreservedly accept these Terms defined below, and whether you are a health professional or not, you agree to be bound by these Terms for an indefinite period. These Terms include various limitations and exclusions of liability, as well as a jurisdiction clause governing the handling of any dispute.

By accessing the Site, you acknowledge that you are aware of the Publisher's Privacy and Data Protection Policy, which is available at this address. [http://www.imaios.com/fr/Societe/Conditions-d-utilisation-et-politique-de-protection-des-donnees-personnelles/Politique-de-confidentialite-et-de-protection-des-donnees-personnelles2] and from any page of the Site. You agree that you do not object to this Privacy and Data Protection Policy implemented by the Publisher.

 

4. These Terms are subject to change at any time without prior notice; they are systematically brought to the attention of any person accessing the Site through a link that is accessible from all pages of the Site. Therefore please review these Terms and their updates regularly.

 

In the event that you do not accept all or part of these Terms, please refrain from using the Site and kindly exit the Site.

 

5. These Terms apply exclusively to the access and use of the Site; they do not change the terms or conditions of any other agreement you may have with the Publisher.

 

1. PRESENTATION OF THE SITE

1.1. Description and objectives of the Site

The Site is intended exclusively for an audience of knowledgeable health professionals (hereinafter "User(s)"). It is designed for educational purposes and contains information (articles, illustrations, tools and other resources, etc.) of a medical nature.

 

1.2. Origin of the Site

The Site is published by the IMAIOS Company, SAS, with a capital of 37,000 €, headquartered at IMAIOS SAS, MIBI - 672, rue du Mas de Verchant, 34000 MONTPELLIER - France, registered under the identification number 505 111 716 R.C.S. Montpellier (hereinafter referred to as the "Publisher").

The publication director is: Denis Hoa.

 

1.3. Website Host

The Site is hosted by Amazon Web Services, Inc., headquartered at 410 Terry Ave. North, Seattle, WA 98109-5210, USA.

 

1.4. Regular Contributors to the Site

The following people regularly contribute medical information published on the Site:

Denis Hoa, Doctor of Medicine, graduate of the Faculty of Medicine of Montpellier, DES in Radiodiagnostics and Imaging, Laureate of the Faculty of Medicine of Montpellier, with a Master 2 Research in Radiophysics and Medical Imaging

Antoine Micheau, Doctor of Medicine, graduate of the Faculty of Medicine of Montpellier, DES in Radiodiagnostics and Imaging

 

1.5. Website Financing

The Site is funded by the Publisher, subscriptions and advertising.

The capital of the Publisher is held by natural persons without any direct or indirect link with the pharmaceutical industry.

 

2. ACCESS TO THE SITE

2.1. Free access and registration

The Site is free and has open access. The Publisher reserves the right to charge a fee for access to all or part of the Site, and this unilaterally and without prior notice.

Access to certain areas on the Site may be subject to prior registration by a procedure explained at the time it occurs.  If necessary, the Publisher reserves the right to suspend, limit or refuse access to the Site, unilaterally and without prior notice, to any Registered User (hereinafter "Registered User") who does not comply with the Terms.

 

2.2. Updating, interruption and availability of the Site and its contents

The Publisher may, at any time, modify or delete information provided on this Site. It reserves the right to interrupt, temporarily or permanently suspend or modify access to all or part of the Site, in order to maintain it, or for any other reason, with the interruption providing no grounds for any obligation or compensation.

The specifications of the products and services are subject to change without prior notice. Furthermore, IMAIOS does not guarantee that the products or services that are listed online will be available at the time of your order.

 

3. SPECIFIC AGREEMENTS OF USERS

By using the Site, the User specifically agrees not to:

- disrupt or interfere with the security of the Site and its Content, resources (servers or networks connected or accessible through the Site);

- disrupt or interfere with any other user’s enjoyment of the Site;

- download, post or transmit otherwise through or on any site any virus or other harmful file;

- transmit through or on the Site any type of unsolicited bulk e-mails to persons or entities that have not agreed to be part of such mailings;

- attempt to gain unauthorized access to the Site or parts of the IMAIOS site that are restricted;

- use the Site to search, provide or obtain specific medical advice, medical advice or diagnosis; 

- use the Site to search, provide or obtain answers and/or private lessons applied to a specific examination in the field of health.

 

4. QUALITY AND USE OF INFORMATION PROVIDED

4.1 Quality

The Publisher strives to carefully provide quality information on this Site and to regularly update it.  However, the Site may contain incorrect or inaccurate information, omissions or data published regardless of the Publisher's intent.

The Publisher assumes no obligation to update the information available on the Site.

The source of the data provided on the Site is explicitly cited with, if necessary, a hyperlink to this source. The date of the last modification appears clearly on the page of the Site concerned.

4.2 Use

The Publisher draws particular attention to the fact that the information published on the Site is thus only issued for information purposes and for educational purposes without any express or tacit guarantee of any kind, for the exclusive use of professionals who are duly authorized to practice in France or in their country of origin.

This information should not be used to replace the opinion of health professionals or be considered or interpreted as advice or a recommendation of any kind.

The User must not use the Site to describe a condition, make a diagnosis, decide on a treatment or make any medical decision in treating patients.

In any case, the User is solely responsible for the use of the information provided to him/her. The User is encouraged to use it wisely and to use his/her own professional judgment to evaluate it. The Publisher also advises systematic consultation of other sources of information.

 

4.3 Advertising

The Publisher agrees to clearly identify advertising sites by using the word "advertising" or a similar term.

The Publisher may subscribe to services offered by reliable third-party companies that allow them to directly and automatically insert advertisements into clearly identified areas on the Site. The content of these advertisements remains under the control of the Publisher who may remove them from the Site.

Advertisers have no control over the editorial content of the site.

 

5. AVAILABILITY OF PRODUCTS OR SERVICES ON THE SITE

Any reference to a Publisher's product, application or service on the Site does not mean that this product or service is or will be available in your country, where it may be subject to regulations and terms of use. This reference does not imply any intention of the Publisher to sell this product, application or service in the country of the User. The Site contains information about products and services that may or may not be available in all the countries of the world. The User must ensure, prior to any use of the Site or products/services accessible via the Site, that such use does not violate the laws of their country of residence.

The User is solely responsible to verify that the content of the Site (or the products/services accessible from the Site) complies with the laws of the country from which he/she accesses the Site. Thus, any use of the Site that is contrary to legal, regulatory or ethical provisions applicable under the laws of the country from which the Site is accessed is prohibited. Neither the Publisher nor any other party involved in the creation and operation of this Site can under any circumstances be held liable for non-compliance with the laws of the country where the Site is used.

 

6. LIABILITY AND WARRANTY

6.1 Exclusion of liability and warranty of the Publisher

The use of the Site and its information is therefore the sole and entire responsibility of Users.

Therefore, the responsibility of the Publisher, his partners, his employees or any other party involved in the creation and operation of this Site cannot be held liable for any harm or damage, direct or indirect, of any nature whatsoever, which results from accessing, using, even partially, or interpretation of the information on this Site.

 

6.2 Liability and warranty of the Site User

The User guarantees and indemnifies the Publisher, its partners, its employees or any other party involved in the creation and exploitation of this Site against any action or claim by a third party because of the use of the Site by the User or any adverse consequences directly or indirectly related to the use of the Site.

The User thus shall be liable for all the damages and interests with which the Publisher, its partners, its employees or any other party involved in the creation and the operation of this Site could be charged as well as the legal costs and the fees incurred.

Finally, the Publisher cannot be held liable for the content of the messages posted on the discussion forums of the Site, which can only be edited or deleted after the fact and are therefore the sole responsibility of their authors. 

 

6.3 Hypertext links to third party sites

This Site may contain hypertext links to other websites managed by third parties. However, the Publisher cannot regularly check the quality of these linked sites. Thus, the Publisher cannot be held liable for the content of these sites or services offered on these sites.

Moreover, a summary and/or a link to a third party site does not imply that the Publisher approves the site or the products or services on such third party sites. The Publisher does not guarantee the accuracy of any content referenced in such a third party site and will not be held liable for any damages or harm resulting from accessing or being unable to access these sites.

 

7. PROPERTY OF THE SITE AND ITS CONTENT

7.1. Protection of the content of the Site

All intellectual property rights on the Site and its content (hereinafter "Content")—which specifically consists of text, databases, software, applications, slideshows, logos, images, drawings, graphics, animated sequences, sound and video—is the property of the Publisher or of third parties that have authorized the Publisher to make of use them.

All of this Content is thus protected by French and international laws and, in particular where applicable, copyright, patent, design and trademark law and the database law.

The names and brands mentioned on the Site are trademarks registered by the Publisher or its legal representatives. Any reproduction, imitation and more widely any exploitation of these trademarks are prohibited.

 

7.2. Use of the Site

This Site is intended exclusively for the personal and private use of the User. The Publisher thus grants the User only a non-exclusive, non-transferable authorization to browse the Site. The User is authorized to print the pages of the Site or to download them with the following cumulative conditions:

-   printing or downloading in a partial and a reasonable manner (example: maximum 10% of the Site)

-   prohibition of removing any mention of ownership of the content or of modifying the content

-  use of printed or downloaded information only for the personal and private use of the User, for non-commercial purposes

-    exclusion of any public use or any distribution of printing or downloads.

Any other use (including any reproduction, representation, modification, adaptation, distribution for commercial purposes, lucrative or not) is strictly prohibited except with the prior express written agreement of the Publisher.

Since the Publisher is the producer and owner of all or part of the databases herein or used on the Site, it is strictly forbidden, for example, to extract and use all or part of the contents of the databases listed on the Site.

 

7.3. Hypertext links to the Site

It is not permitted to set up direct links to documents or internal pages of the Site, except with the prior authorization of the Publisher.

All links to the Site must be approved in writing by IMAIOS, except on the following scenario:

-         the link is a text referring to the homepage of the Site and not to the pages of the Site

-         the link must display the home page of the Site in full screen and not in a frame

-       the appearance, position and other aspects of the link must not create the false impression that an entity or its activities or products are associated with the Publisher.

In any case, at any given time, the Publisher reserves the right to withdraw its consent for a link without reason or prior notice.

 

8. Miscellaneous Provisions

8.1 Duration

The Publisher may terminate, modify, suspend or discontinue any access and use of the Site. It may remove, modify any content on the Site. It may impose limits on certain features and services or restrict access to all or part of the Site without prior notice or liability. The Publisher reserves the right to terminate the authorization to use the Site at any time and at his sole discretion.

8.2. Translation

Translation of the Terms into any other language is provided, if necessary, solely for information purposes. In case of contradiction between the translated version and the French version, the French version is the only one that shall be authentic and the only one that engages both parties and governs the relationship with the Publisher.

 

8.3. Complaint

Any complaint and reporting of any abuse (for example, concerning a disputed contribution on the Website's discussion forums) or infringement of intellectual property rights must be made in writing to the below-mentioned contact address.

In case of infringement of intellectual property rights, the following information must be provided:

- Identification, contact details and signature of the owner whose rights declared have been allegedly violated

- Mandate, if any, of the said owner's representative for the purpose of establishing the notice of violation of rights

- Precise description of the items that do not respect the said owner's rights and who is requesting their deletion from the Site  

- Sworn statement

 confirming the accuracy of the information sent to the Publisher.

 

8.4. Breach of Terms by the User

The fact that the Publisher has chosen not to deprive the User of access to the Site because of failure to abide by the legal obligations or Conditions referred to herein cannot be interpreted for the future as a waiver of the obligation in question nor of the Publisher's right to deprive the User of access at a later date.

If any provision of these Terms is void under any law and/or imperative rule, the provision in question should be considered as unwritten, but the other provisions of the Terms shall remain applicable.

 

8.5. Governing Law and Jurisdiction

The Site was designed in France. It is hosted in the United States. The Terms are subject to the application of the French law. In the event of any dispute concerning the application or interpretation of the Terms or more generally about the use of the Site by any natural or legal person, it is expressly agreed that the French courts will have sole jurisdiction, even in the event of multiple defendants or warranty appeal.

 

8.6. Contact Information

IMAIOS SAS

MIBI - 672, rue du Mas de Verchant

34000 MONTPELLIER - France

Tel: +33 (0)4 67 13 01 59

contact@imaios.com