Terms of Service - TOSS
PREAMBLE - TOS
Doctorama activities operate in several domains using various appellations, subsidiary names and aliases, with Doctorama.com as the principal domain. All websites through which Doctorama services are available will hereinafter be referred to as the "Service".
These Terms of Service, hereinafter referred to as "TOS", describe the terms and conditions under which the company Doctorama, hereinafter referred to as "Doctorama" provides a service on the Internet, hereinafter referred to as "Service", to the user, hereinafter referred to as the "User."
Access to this service is subject to compliance with these Terms of Service. Any internet user wishing to register must have read these Terms of Service previously and undertakes to comply unconditionally. They therefore constitute a contract between the Service and the User. The offer is open only to persons of legal age.
If all or part of these terms are not acceptable, the User is specifically requested to renounce all use of the Service.
Doctorama is not liable for the content entere by the User.
Article 1. DEFINITIONS
The term "User" designates any person involved in or accessing the Doctorama website.
A User may wish to remain a mere visitor or create an Attendee account (hereinafter « Attendee ») to benefit from personalized services such as participating in an event.
A User may wish to create an Organizer account (hereinafter « Organizer ») to publish events.
The term "User" also designates anyone who creates a free Organizer account in order to reference events.
Prior to the use of the Service as an Organizer, a User must accept and understand the Organiser Terms of Service which are specific TOS herinafter referred to as « OTOS ».
The term “Attendee” designates any person wishing to register for and/or participate in an event.
Prior to the use of the Service as an Attendee, a User must accept and understand the Attendee Terms of Service, the Specific Terms, « ATOS ».
Visitor, Internet User :
Refers to any User, registered or not, accessing the service.
Refers to any information in any form whatsoever (data, text, images, photos, files ...) present on the Service whether or not it has been added by a User.
Refers to the particular services available via the www.doctorama.com, Doctorama and Doctorama websites.
Refers to the Terms of Service applicable to all users or a specific category of users. They are available on Doctorama.com and must be accepted during the validation process. Terms of Service (TOS), Terms of Service Organizer (OTOS), Terms of Service Attendee (ATOS).
Article 2 – INTELLECTUAL PROPERTY
The presentation and each of the elements, including trademarks, logos and domain names appearing on the www.doctorama.com site are protected by the current laws on intellectual property.
Any reproduction or use of these trademarks without the express permission of the owner is strictly prohibited.
No element, content, design, procedure, structure, source code, ... composing the doctorama.com site may be copied, reproduced, modified, republished, altered, transmitted or distributed in any manner whatsoever, through any media whatsoever, whether partially or completely, without prior written permission of Doctorama, with the exception of the strict requirements for the use of the press and subject to compliance with intellectual property rights and any other proprietary right that is mentioned.
Use of software or scripts from the Doctorama activity sites is expressly prohibited.
Any total or partial representation of the www.doctorama.com site by any means, without the express permission of Doctorama is prohibited and constitutes an infringement punishable according to articles L.335-2 and those following in the Intellectual Property Code. Doctorama reserves the right to pursue any infringement of its intellectual property rights.
Private copying is permitted for personal, non-commercial use only.
The following must appear on all copies of all or part of the content of the site: "© Doctorama - All rights reserved." All authorized use of elements composing or featuring in the site should be carried out without distortion or modification whatsoever.
Article 3 - PURPOSE
Doctorama provides an exclusive service in the search for training programs, information on events and/or the publishing of events on internet.
Doctorama is the name of the technical platform dedicated to the health sector but the service is not limited to the www.doctorama.com site only.
These terms are intended to allow the User to create an account on Internet or within a privately administered domain which is accessible by a password, pseudonym or email identification. The User is solely liable for said account.
Article 4 – GENERAL DESCRIPTION OF SERVICE
The Doctorama User benefits from personalized services including customized interface tools, contacts, pre-filled forms, private Anti-spam messaging, listings of selected events ...
The Organizer account is a tool for creating and publishing events on internet with an individualized page (the "Mini-Site") for each event to facilitate promotion and management. Each event page is the sole responsibility of the author. Doctorama can not be held liable for malicious or fraudulent use of its service.
Any person with a valid internet connection can access the site.
Users of this site acknowledge having the ability and necessary technical means to access the Service having verified that the computer configuration used is virus-free and is in perfect working order. The User agrees to verify that all personal equipment used will not damage the material used by Doctorama in any way.
Each user defines a secret password allowing access to the Service and may modify it at will. The User shall guarantee the confidentiality of the password used to access the service and agrees to bear all responsibilities for acts committed using the password.
Accommodation Service can be outsourced with the provider of our choice.
Article 5 – OBLIGATIONS OF THE USER
5.a. The User ensures that the information submitted during registration is true and certifies true identity,
5.b. The User ensures that he is in legal age at the time of registration and account creation.
5.c. During registration, the User chooses a password which is confidential. On no account will Doctorama divulge the password to a third party nor request said password from the User.
5.d. Each User can register only once and only create a single profile.
5.e. Doctorama can not technically verify the identity of a User. Doctorama therefore does not guarantee the actual identity of a User. It is the responsibility of each User to check the identity of other Users.
5.f. TheUser is required to provide information which is neither false nor misleading to other Users.
5.g. By checking the box « I accept the Terms of Service » the User implicitly acknowledges unconditional understanding and acceptance of said terms.
5.h. Any user creating an account for a legal entity attests without any reservations to have authorization to act responsibly in the name of said legal entity.
5.i. The User agrees not to disturb other Users with spams. No person shall undertake action which is competitive or encourages progressive advertising such as chain emails or pyramid schemes.
5.j. Prior to entering any information, the User agrees to obtain any necessary permits or legal documents in accordance with French law or the law in the country from which the account has been created.
5.k. The User agrees to update any erroneous data without delay.
5.l. In the case of false, inaccurate, incomplete or out-of-date data, Doctorama has the right to immediately suspend or cancel an account and prohibit any future access to all or part of the service.
5.m. The User shall guarantee the confidentiality of the password used to access the service and agrees to bear all responsibility for acts committed through use of the password.
5.n. The User agrees not use any robot (exploration spider included) or any application for the research or recovery of websites or other means to retrieve or index any part of the content of the Doctorama.com site.
5.o. The User agrees not to reproduce any information or events listings from the Doctorama.com site for commercial purposes or otherwise, except with the prior written consent of Doctorama and provided the mention "© All rights reserved - www.doctorama.com ®" is displayed
Article 6 – USER : CONTENT & PUBLICATIONS
The User is solely responsible for the contents diffused on Internet. Doctorama is in no way to be considered liable for contents created by the User.
The User declares having all necessary rights and permission for publication.
The User agrees that the content on its website does not infringe the rights of third parties.
Article 6.1 : Manifestly illicit content
• The content published by the User must not incite hatred, violence, anorexia, manufacture and use of explosives, suicide, racism, anti-semitism, xenophobia, homophobia or apologies for war crimes or crimes against humanity.
• The content published by the User must not include any pedophile of child pornography.
• The content published by the User should not incite anyone to commit a crime, an offense or an act of terrorism.
• The content published by the User must not incite discrimination against a person or group of persons because of their ethnicity, religion, race, or because of their sexual orientation or their handicap.
• In accordance with the Manifestly Illicit Content Act of January 21, 2004, to promote confidence in digital economy, Doctorama may be led to consult a copy of messages sent to the publisher of a Mini-Site via the contact form available on the Mini-Site.
Article 6.2 : Litigious content :
• Before publishing information, the User agrees to read the rules and limitations on freedom of expression. Freedom of expression allows criticism and the report of verified and proven information; it does not allow denigration and defamation. Denigration, defamation, or allegations of inaccurate or deliberately misleading nature may lead to the prosecution of the author.
• Published content by User should not affect or be contrary to public order, morality or offend the sensibilities of minors.
• The content posted by Users must be free of pornography.
• The content posted through the User must not infringe on reputation, privacy and image rights.
• The content posted by the User should not be in the strict sense of the law, derogatory or defamatory.
• The content posted by the User should not affect the image, the reputation of a trademark or of any natural or legal person. Freedom of expression allows criticism if it is objective, reasoned, and based on real events.
• The content posted by the User should not affect the security or integrity of a state or territory whatsoever.
• The content posted by the User shall not allow third parties to obtain pirated software, serial numbers of software or any software that may harm or affect in any manner whatsoever the rights or property of others.
• The content Posted by the User shall not infringe on the rights of intellectual property rights of any natural or legal person or entity whatsoever.
Article 6.3 : Sales / Advertising
• It is forbidden for any natural or legal person to include any information in the Doctorama pages permitting direct contact (via URL, link, email, address, telephone, fax...) with the visitor. Doctorama determines which contact information can be accessed directly by a visitor regardless of whether he is logged on or not. Any direct contact information regarded as excessive by Doctorama, can be deleted or replaced by Doctorama as soon as its presence has been detected.
• Anyone suspecting or detecting irregular activities offered by a User must immediately inform the Doctorama team through the contact form / Contact Us on the site : http://www.doctorama.com/en/contact.htm
• The User agrees not to include any sponsors or any publicity (text, image, video, link...) proposed by an advertising agency not affiliated with Doctorama.
• The User agrees not to include any form of advertisement promoting a website or company of a competitive nature to www.doctorama.com on his web page.
• The User acknowledges having been cautioned that any advertising content provided by external advertising or non-affiliated Doctorama partner and any advertising that would be considered abusive by Doctorama can be removed or replaced by Doctorama as soon as its presence is detected.
• The User authorizes Doctorama to reference his Mini-Site in any manner or by any means of communication, including the insertion of links to and from the M-Site in the www.doctorama.com site indexing tools. Doctorama cannot be held liable for damages related to this referencing.
Article 6.4 : Commercial messages
Doctorama reserves the right to insert advertising messages across the entire service.
Article 6.5 : Intellectual Property / Miscellaneous :
The User guarantees that all information provided belongs to him or is free.
The User agrees not to use the tools provided by Doctorama for purposes other than the publication and management of events (especially without limitation for data storage).
The User agrees to not include addresses or hypertext links to external sites that are contrary to the laws and regulations and which affect the rights of others or that are contrary to these Terms of Service on his Mini-Site.
The User may not sell or make available free of charge any services offered by the Doctorama and www.doctorama.com companies to third parties without the specific written authorization of Doctorama.
The User undertakes through its use of the service not to engage in acts of any kind that would be contrary to French law and possibly the laws of the country from which he is publishing his Mini-Site, or which may interfere with French public policy, or the rights of one or more third parties.
Article 7 – OBLIGATIONS OF THE INTERNET USER
The Internet visitor will not use any robot (exploration spider included) or any application for the research or recovery of websites or other means to retrieve or index any part of the content of the Doctorama.com site.
The visitor agrees not to take action against Doctorama because of a situation resulting from the failure to comply with the navigation constraints mentioned above.
The visitor of www.doctorama.com or of a Doctorama mini-site, acknowledges having the necessary competence and resources to access the different Doctorama sites. The visitor has verified that the computer configuration of the Internet connection does not contain any viruses and is in perfect working order. Doctorama will in no way be held responsible for the malfunction of this connection.
Any person called upon to leave a message or contact another User will comply with these User conditions. The visitor is solely responsible for the content he broadcasts on the Internet. Under no circumstances shall Doctorama be held liable for the content posted by a visitor.
Through the use of the Service the visitor agrees not to engage in any act whatsoever considered contrary to French law and, if applicable, to the laws of the country from which he is connected, which would violate French public policy or the rights of third parties.
Article 8 – BREACH OF TERMS
Users are encouraged to notify Doctorama of violations of these Terms of Service via the contact form available at http://www.doctorama.com/en/contact.htm with a return cofirmation of receipt or by registered letter with return confirmation of receipt.
Any abusive notification will result in prosecution and will be subject to penal sanctions.
In the case of a breach of these Terms of Service by any Mini-Site or User, Doctorama reserves the right to unconditionally suspend its services without prior notice.
Doctorama may reject or suspend any contents made available via the Service if the content should have a manifestly illicit nature.
The content diffused or published through the Service is under the sole responsibility of Users editing or publishing events or using the contact tools.
Doctorama can not be held responsible for any problem occurring because of the contents of a Mini-Site edited via the service and made available through www.doctorama.com
Concerning requests for the cancellation or suppression of a Mini-site, messages or photos ..., the law dated June 21st, 2004 on Confidence in the Digital Economy (LCEN) indicates that the hosts are not liable for any contentious content they host if it has not been brought to their attention.
A third party who wishes to end what he considers any personal prejudice should initially contact the publisher of the site (via the contact form on the Mini-site). If the publisher can not be contacted or if he refuses to remove the said contents despite a court decision requiring him to do so, the third party should contact Doctorama and justify his inability to contact the publisher of the Mini-Site or to enforce the court decision.
Doctorama reserves the right to refuse to act upon the notification of abuse if said abuse has not previously been brought to the attention of the publisher of the Mini-Site or if the content is not manifestly contentious.
If the User or visitor considers the damages result from the content being hosted by Doctorama, the User or visitor must report the abuse using the contact form, found on the Mini-Site hosted by Doctorama. The complaint will be forwarded to the author of Mini-Site.
Article 9 – RESPONSIBILITY OF DOCTORAMA
Doctorama can not be held responsible for the content of Mini-Sites or the event pages of the User. The User agrees and acknowledges that he is responsible for the information, texts, images, videos, data, files, links, ... contained in the Mini-Sites, personal pages, messages or contacts...
The User agrees to be personally responsible and exempts Doctorama from any liability, loss, claim, dispute, damage or expense, including defense and legal fees, claimed by a third party or by another User due to Mini-Sites, personal pages, messages or contacts...
Doctorama is liable for the facilities of the Service as specified in the Terms of Service and shall in no circumstances be liable for any loss, injury or consequential damage of any kind resulting from the management, use, operation, interruption or malfunction of the service.
Doctorama can not be held responsible for the content of external websites or the functioning of access to these sites. Doctorama does not endorse and is not responsible for the content, ideas, opinions, products or services sold on these external sites.
The User agrees to be solely responsible for hypertext links and Internet addresses included on its website or personal pages, messages or contacts..., and guarantees the Doctorama, its subsidiaries, management, agents and employees against any litigation or claim relating to such links.
Doctorama does not guarantee against and can not be held responsible for loss or corruption of files or data that the User posts on his Mini-Site or personal pages, messages or contacts...
The User acknowledges his responsibility in the transferal of data and files. It is the responsibility of the User to perform any safeguard measures that he deems necessary.
Doctorama reserves the right to include a banner or a popup window (pop-up) for advertising purposes on the Mini-Site or personal User pages, regardless of the Organizer.
The User may not demand payment or compensation from Doctorama or the Organizer. Doctorama reserves the right to remove, edit, or transfer this advertising banner without permission of the User.
Doctorama does not guarantee a minimum traffic of the User Site.
Doctorama does not guarantee specific results, turnover or profit per User.
Doctorama cannot be held responsible for:
• the malfunction, discontinuity or the poor quality of the services offered on the User site;
• the non-conclusion or any dispute in the conclusion or execution of a proposed contract on the User site;
• hidden defects, compliance, legality or dangerous goods and services offered on the User site;
• lies, exaggerations, theft, violence or fraudulent concealment by the User.
Article 10 – CASE OF FORCE MAJEURE
Doctorama cannot be held liable or deemed to have breached these conditions, for any delay or failure when the cause of delay or failure is related to a force majeure as defined by the jurisprudence of French courts including the interruption, suspension, reduction or disruption of electricity or any other interruptions of telecommunication networks.
However, the User specifically acknowledges that suppliers of materials, software and telecommunication infrastructures used in these areas, do by no means guarantee efficient operation of the Doctorama Service. As a user of technology and infrastructure developed and provided by third parties, Doctorama can not ensure that the service is completely uninterrupted and without delay.
In addition, Doctorama reserves the right to choose to modify the content of the www.doctorama.com website and the User administration page at any time and without prior notice.
Doctorama reserves the right to make the site or services temporarily unavailable for maintenance reasons or procedures for updates.
Article 11 – REFERENCING
Links, images, texts and comments located on the www.doctorama.com site may cause you to leave the site. The Mini-Site targets are not under the control of Doctorama and the company is not responsible for the content of these Mini-Sites, or any changes or updates made to them.
Doctorama is not responsible for webcasting or any other form of transmission received from a Mini-Site target. Doctorama provides these links, texts, still images or moving videos for your convenience.
The inclusion of any link does not imply endorsement by Doctorama.
"No Referencing" is only applicable for Mini-Sites whose Organizer has checked the "private event" box when setting up the parameters.
Article 12 – AUTHORIZATION FOR DIFFUSION
By registering with Doctorama, the User authorizes the Doctorama to diffuse the content or parts of the content of the Mini-Site on the www.doctorama.com platform if it so wishes.
Users of the service allow Doctorama to communicate the address of its Mini-Site to any organization, website or media within the general promotion of their services.
Article 13 – INFORMATIONS AND PRIVACY
In accordance with the law dated January 6th,1978 relating to computers, files and freedom of expression, the automatic processing of personal data carried out by the www.doctorama.com website has been declared to the National Commission for Data Protection Authority (CNIL) by Doctorama registered under number 1429874.
According to law n ° 78-17 of January 6th, 1978, the User may at any time access his personal information detained by Doctorama and request the modification or deletion by email or by letter. Thus, according to articles 36, 39 and 40 of the Data Protection Act, the User may request the modification, clarification, update or deletion of information which is inaccurate, incomplete, misleading or outdated, or the collection, use, disclosure or storage of which is prohibited.
According to the law, on the closure of the account, data about the User may be stored and archived confidentially by Doctorama.
To improve the quality of service and in order to better meet the needs of its Users, Doctorama may need to collect personal data on the User, including the use of markers (cookies).
Article 14 – COOPERATION WITH PUBLIC AUTHORITIES
Doctorama has a legal obligation to cooperate with the authorities wishing to conduct audits relating to the content or the identity of Users of the service, and complies to said audits. Users of the service acknowledge that they are informed that Doctorama may be relieved of its professional secrecy as provided by Article 6 of the Act dated June 21, 2004, and consent thereto.
Doctorama can not be held responsible for any problem linked to a Mini-Site. Doctorama is not subject to a general obligation of monitoring the information it stores, nor to seek facts or circumstances indicating illegal activity.
However, Doctorama is expected to inform the competent public authorities of illegal activities or information which it has clearly learned in the course of its business.
Doctorama is required to hold and retain data that will enable the identification of anyone who has contributed to the creation of content on its services.
Article 15 – MODIFICATIONS
These Terms of Service are subject to amendment at any time by Doctorama, particularly in cases of technical, legal or jurisprudential evolution or during the introduction of new services.
The User must regularly check the Terms of Service and agree to immediately stop using the service in case of any disagreement with them. The User is obliged to accept these Terms of Service unconditionally and without reservation.
Once the User no longer approves these Terms of Service, he undertakes to stop using the Service immediately.
The User is committed to removing its Mini-Sites completely from the Doctorama Service and/or to request inactivation of the account as soon as possible.
Article 16 – COMPETENT JURISDICTION
These Terms of Service are governed by French law and in the French language.
The User of the Doctorama service agrees that any dispute or complaint relating to the operation of this service be resolved in a court under the jurisdiction of which Doctorama is liable.
The use of the service implies acceptance by the User of all the stipulations outlined in these Terms of Service and any eventual amendments made by Doctorama.
In the case of dispute or claim arising from the User, from Doctorama, or from a third party, relating to the use of the service, only the version of these Terms of Service available on the www.doctorama.com website is binding between the parties, regardless of the date of the disputed facts.
Failing settlement, any dispute that may arise between the parties concerning the drafting, implementation, interpretation or termination of the cancellation-resolution will come under the exclusive jurisdiction of the courts located within the jurisdiction of the Headquarters of Doctorama, including in a case of referral, appeal or multiple defendants.
Doctorama and Smile Networks are registered trademarks.
Email : email@example.com
SIRET : 50841724300013
The servers are hosted in France by OVH
Terms of Service updated on April 27, 2011