Legal mentions
PUBLISHER
PIERRE FABRE S.A., 12, avenue Hoche 75008 Paris, France, a company registered under French law and listed with the trade and companies registry (RCS) of Paris under SIREN number 662 006 170.
PUBLICATION DIRECTOR
PIERRE FABRE S.A.
WEBMASTER
ARNEO, 37-41 rue Fernand Pelloutier, 92100 Boulogne-Billancourt, France, a company registered under French law and listed with the trade and companies register (RCS) under number 529 676 496.
HOSTING SERVICE PROVIDER
OVH, 2 rue Kellermann - 59100 Roubaix, France, a company registered under French law and listed with the trade and companies register (RCS) under number 537 407 926 sise 2.
WEBSITE GENERAL TERMS OF USE
ARTICLE 1. PURPOSE
These General Terms of Use (the Terms) set forth the terms and conditions for using and accessing the website www.keratose.actinique.fr and its language versions as listed in article 4.1 (the Website), which belong to Pierre Fabre SA (PFSA). By visiting the Website all Users (Users) agree to these Terms.
Any Users who do not agree to these Terms are asked by PFSA to leave the website. The Terms are governed by French law and may be changed at any time without notice. The Website may be used and consulted for personal, non-commercial purposes only. In general, Users shall refrain from using all or part of the Website for unlawful purposes (copyright) or purposes contrary to the Terms.
By visiting the Website, Users agree to abide by the Terms as published on the date of their visit. The Terms are binding on all Users who visit the Website.
ARTICLE 2. DESCRIPTION OF THE SERVICE
The purpose of the Website is to provide Users a free website designed to:
- provide information about actinic keratosis, its signs, symptoms, causes, and treatment,
- offer Users a quiz for assessing their risk level (the results of the quiz have no clinical or diagnostic value) and an interactive glossary for explaining certain scientific terms
(the Services)
The Website is funded entirely by PFSA. The Website does not represent a contractually binding offer, displays no advertising, and does not accept or receive marketing income. Public-facing information about prescription drugs is governed by specific regulations; the Services available on the Website should therefore not be used to obtain a medical opinion and or as an alternative to seeking professional medical advice. Likewise, the Services must not be interpreted as a recommendation to use any product without medical advice.
Under no circumstances may the Website be considered to offer online consultations. Use of the Website falls under the sole and entire responsibility of the User. PFSA shall not be held liable for any result obtained based on use of the Website. In particular, Users are informed that the Website is not intended to replace professional medical advice.
The Website is updated as a whole; therefore, certain new information, Services or notifications may no longer be valid at the time of publication or may simply be outdated. In spite of its best efforts, PFSA cannot guarantee that all information and Services on the Website are completely up-to-date.
PFSA does not guarantee the correctness or completeness of information and Services on the Website. PFSA will make any corrections where necessary. The information and Services may also be updated in the time between the User accessing them and reading them. Consequently, PFSA offers no guarantee whatsoever that the information and Services are accurate, complete, and up to date.
Unless expressly stated otherwise, any new feature that improves or expands one or more existing Service(s), or any new Service launched by PFSA, shall be subject to the Terms. Users accept that the Service is provided on an “as-is” basis. Users must use the Website for the purposes described in the Terms; they must not misappropriate the Website or attempt to re-direct Users to another service.
ARTICLE 3. EDITORIAL POLICY
The entire scientific content of the Website is written and approved by doctors who are experts in their field.
The publication of this information does not convey any right of ownership over the Services. Users are only granted non-exclusive permission to view and use the information for private purposes. Users may not copy or reproduce the Services in full or in part, by any means and on any existing or future medium whatsoever, adapt, reword or translate the Services into any other language.
All information, data, text, software, advice, photographs, images, videos, advice sheets, messages and other resources on the Website (collectively the Content) are the sole responsibility of the person that issued the Content.
ARTICLE 4. TERMS OF ACCESS
4.1. WEBSITE ACCESS
The Website is available online at the following address: actinic-keratosis.pierre-fabre.com.
Other language versions are available at the following addresses: keratose-actinique.pierre-fabre.com, cheratosi-attinica.pierre-fabre.com, aktinische-keratose.pierre-fabre.com, queratosis-actinica.pierre-fabre.com, aktinicka-keratoza.pierre-fabre.com
To access the Website, Users must have the necessary equipment and software for Internet usage. In order to access the Website via a computer, tablet, or mobile telephone (a Device), Users must have adequate high-speed Internet access, a telephone service plan permitting Internet access from a compatible computer/tablet/mobile telephone, such as a smartphone (iOS, Android) with a WAP, Wi-Fi, and/or 3G/4G connection.
Users acknowledge that the terms and conditions of the contract with their Internet/mobile telephone service provider will continue to apply during their use of the Website.
Users will be responsible for all costs claimed by the service provider for Internet connection services via Wi-Fi, WAP and/or 3G/4G in order to access the Website.
When accessing the Website, Users shall not impede or disrupt the Website, servers, or networks and/or modify, adapt or pirate the Website and/or modify any third-party application or website in such a way that could be misleading in terms of its relationship with the Website.
Internet and telecommunications networks are subject to limitations and constraints. Users therefore agree to:
- protect their Device against all types of viruses and against any attempt at unauthorized intrusion, access, and/or use by third parties;
- ensure that their Device is installed, operated and maintained in such a way that allows the Website to function correctly.
4.2. OBLIGATIONS OF USERS
While using the Website, Users shall not:
- use the Website or Services for the purposes of politics, propaganda, or proselytism;
- use the Website other than for its intended purpose;
- conduct illegal activities, in particular infringement of intellectual property rights over the text, photographs, images, videos, etc.;
- advertise or incite other Users to use any other service, whether from a competitor or not;
- undermine the operation of the Website in any way whatsoever;
- breach intellectual property laws;
- breach applicable laws and regulations.
Users shall not:
- upload, send, or transmit by email or by any other manner, any content that may be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, a threat to the privacy of another person, hateful, racist, or otherwise reprehensible;
- view, display, download, or transmit any content that may breach French law, in particular intellectual property laws;
- attempt to mislead other Users by using the name of other individuals or legal entities and, in particular, by falsely presenting themselves as employees or affiliates of the PFSA service, a moderator, guide, or data host;
- upload, display, or transmit by email or by any other means, any content containing computer viruses or any other code, file, or program designed to disrupt, destroy, or limit the function of any software, computer, or telecommunications device (this list is not exhaustive);
- upload, display, or transmit by email or by any other means, any content that infringes any patent, registered trademark, manufacturing secret, intellectual property right, or any other property right (Rights) belonging to others;
- disrupt the normal flow of dialog boxes, accelerate the scroll speed of the screen so that Users are unable to track and click on a dialog box, or commit any other action that similarly hinders the ability of Users to communicate in real time;
- hinder or disrupt the Service or the servers or networks connected to the Service or refuse to agree to mandatory conditions, procedures, general rules, or regulations that apply to the networks connected to the Service;
- harass one or more other Users in any manner whatsoever;
- collect and store personal data, identifying data, or data related to other Users.
PFSA, or any person or entity designated by PFSA, shall have the right to delete or remove any content that violates these terms and/or any regulations, and any content that is reprehensible in any other way.
Users also accept that they must exercise good judgment and accept all risks of using the Service and the Website.
ARTICLE 5. USING ADVICE PROVIDED ON THE WEBSITE
The Website Content is provided to Users of the Website. The publication of this information does not convey any right of ownership over the Content. Users are only granted a non-exclusive right to use the Content for private purposes. Users may not copy or reproduce the Content in full or in part, by any means and on any existing or future medium whatsoever, adapt, reword or translate the Content into any other language. PFSA shall not be held liable for any direct or indirect consequences and/or any damage suffered due to faulty or pirated Content. Furthermore, PFSA is under no obligation of result regarding the Content given to Users, merely an obligation of means. Finally, PFSA does not grant any explicit or implied guarantee and shall not be held liable relating to use of the Content. The Content is provided solely for informational purposes. For any additional information and/or questions, Users can write to: Pierre Fabre Direction Médicale et Patients Consommateurs (Dermatologie) Les Cauquillous 81500 Lavaur, France and/or contact@pierre-fabre.com.
ARTICLE 6. GUARANTEES AND LIABILITY
6.1. LIABILITY
Use of the Website falls under the sole and entire responsibility of the Users. Users shall use the Website for its intended purposes. PFSA guarantees Users quiet enjoyment of the Website and in particular guarantees that the Website does not violate any third-party intellectual property rights and that the Website is original. PFSA guarantees that the Website complies with the provisions of French law in force and with applicable industry standards regarding websites.
Users shall not introduce, whether intentionally or unintentionally, any viruses, bugs, or files of any kind whatsoever that disrupt the Website. They shall be entirely liable for any such action. In the spirit of mutual respect, PFSA may take legal action against malicious use.
Users declare and guarantee that they are fully aware of the nature and constraints of the Internet. In particular, they acknowledge that the transmission of data and information on the Internet is not fully reliable from a technical standpoint given that these elements circulate across heterogeneous networks with diverse technical characteristics and capacities, which at certain times disrupt or prevent access. PFSA shall not be held liable for any damage caused by connection to the Website or use of the Website by a User.
PFSA shall not be held liable for errors, omissions, viruses, or results that may be obtained through misuse of the Contents or the Website. PFSA is only bound by a simple obligation of due care. PFSA, its managers and employees shall not be held liable for:
- any damage whatsoever caused by connecting to, accessing, or using the Website;
- damage resulting directly or indirectly from consulting the Website or using the Content of the Services available on the Website;
- direct or indirect damage resulting from use of the Website, in particular any business interruption, financial or commercial loss or loss of the Website or data in any information system, even if PFSA has been informed of the possibility of such damage.
Under no circumstances shall PFSA be held liable for the loss of Content or for any deterioration relating to the Content. No Information or Content provided by the Website shall be construed as any form of guarantee. Subject to applicable laws and regulations, PFSA shall not be held liable for any damage, in particular, but not limited to, the loss of profit, customers, data, or intangible assets as a result of using or being unable to use the Website, and more generally any event relating to the Website and/or any third-party website.
6.2. WEBSITE CHANGES OR DOWNTIME
PFSA endeavors to maintain access to the Website seven days a week and 24 hours a day, but is bound by no obligation to do so. Access may therefore be disrupted, particularly for maintenance and updates. Under no circumstances shall PFSA be held liable for any such disruptions or the consequences for the User or any third party. PFSA reserves the right to change or delete the Website without notice, and shall not be held liable as a result. Users may not under any circumstances use changes to or removal of the Website as grounds to claim compensation or payment of damages.
6.3. GUARANTEES
Users recognize and expressly accept that:
- They use the Website and Services at their own risk. The Service is provided “as-is” and is subject to availability. PFSA does not give any express or implied guarantee as to the quality and compatibility of the Service for any specific usage or in the event that Users violate terms of use of the Service (this list is not exhaustive).
- PFSA does not guarantee that the Website and/or the Services (i) will meet the expectations of Users; (ii) will be uninterrupted, relevant, secure, or free of all errors; (iii) will produce accurate and reliable results; (iv) will be corrected if any errors exist in the software.
- Users who download any content or obtain content in any other manner when consulting the Website and/or using the Services do so at their own risk. Users will be solely responsible for any damage caused to their computer or any loss of data after downloading any content.
ARTICLE 7. INTELLECTUAL PROPERTY
Unless stated otherwise in this document, all elements appearing on the Website and the Website itself (including in particular, Content, text, data, databases, graphics, logos, trademarks, names, animations, images, videos, sounds, software and all other elements) (the Elements), are the exclusive property of PFSA and/or third parties who have granted PFSA a license, and are protected by French and international copyright law and more broadly by laws on intellectual property.
The Elements are protected by author’s rights, copyrights, trademarks, patents, database rights, trade secrets, and/or all other intellectual property rights. Any reproduction, representation, or public communication rights are reserved, including visual, photographic, iconographic, or other types of representation. The reproduction of all or part of this Website on any electronic medium whatsoever is strictly prohibited unless expressly authorized by the Publication Director.
Users may download, display or print the Elements available on the Website for professional non-commercial purposes only, without modifying in any way whatsoever any text relating to intellectual property rights; they must ensure that the following text appears on each copy: “This document has been created by Pierre Fabre SA. All rights reserved”. Any use other than described above is prohibited unless prior written permission has been obtained from Pierre Fabre SA. Users ensure that their use of the Website does not in any way infringe upon the rights of PFSA, and in particular that this use does not involve any form of counterfeiting, unfair competition or parasitic business practice.
The trademarks and logos used on the Website are registered and their reproduction constitutes forgery. All rights of use are reserved. In accordance with Article L. 122-4 of the French Intellectual Property Code, any total or partial representation or reproduction, by any means, that is not expressly authorized shall be illegal and shall constitute an infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.
Users are not authorized to sell, copy, rent, commercialize, transfer, or otherwise sub-license, modify, or adapt the Website, combine it entirely or in part with another piece of software, translate it, take it apart, disassemble it, or create any piece of software whose functions are derived from the Website without express written permission from the Publication Director.
A breach of these rules shall constitute copyright infringement.
PFSA grants Users a free, non-exclusive, non-transferable, personal right, for private use only, to access, use and view the Website and its Elements. This right is granted for exclusively personal, private and non-commercial use, and is subject to retaining all related particulars concerning reproduction rights and intellectual property rights. Users are therefore prohibited from copying and/or reproducing all or part of the Elements, by any means and on any existing or future medium whatsoever, from rewording or translating the Elements into any other language, and from adapting the Elements.
Any other use of the Elements is strictly prohibited and constitutes a violation of the French Intellectual Property Code.
ARTICLE 8. HYPERTEXT LINKS
PFSA may provide links to websites and/or applications that may or may not belong to the Pierre Fabre Group. These websites and/or applications are independent of the Website. PFSA neither publishes nor monitors the sources and content of these websites or their links to other websites and/or applications. The links to these websites and/or applications do not in any way constitute any endorsement, approval, or agreement from PFSA of or with the content of these websites and/or applications, especially of any way in which they may be used. Consequently, PFSA shall not be held liable for the content, products, services, advertising, cookies, or other elements of these websites or any proven or alleged damage or loss resulting from or relating to the use of the information, services, or data available on these websites and/or applications. Hypertext links may only be created on the Website with PFSA’s prior written permission. All requests for permission should be sent to the following address: Pierre Fabre Direction Marketing Monde (Dermatologie) Les Cauquillous 81500 Lavaur, France and/or contact@pierre-fabre.com.
ARTICLE 9. PERSONAL DATA AND COOKIES
For more information about the use of (i) Personal data and (ii) Cookies on the Website, Users should visit the following page: Privacy Policy and Cookies Policy
ARTICLE 10. FORBEARANCE AND PARTIAL NULLIFICATION
If any provision of the Terms becomes null and void due to a change in laws or regulations or due to a legal ruling, this will in no case affect the validity of and obligation to adhere to the other provisions of the Terms.
Failure by one Party to enforce any provision of the Terms shall not constitute a waiver of its right to enforce the same provision in the future.
ARTICLE 11. MISCELLANEOUS PROVISIONS
If any provision of the Terms becomes invalid or contains a loophole, the provision in question shall be replaced by one whose legal interpretation is as similar as possible. Users declare and recognize that they have read the Terms and that by using the Website they declare their full and unconditional acceptance of the entire Terms.
For any questions regarding the Terms or any questions or comments regarding the Website, Users may write to the following address: Pierre Fabre Direction Médicale et Patients Consommateurs (Dermatologie) Les Cauquillous 81506 LAVAUR Cedex, France and/or contact@pierre-fabre.com.
ARTICLE 12. CHANGES TO THE TERMS
PFSA may change the Terms at any time. Users shall be notified of the changes. Any use of the Website following notification of a change shall constitute acceptance of the Terms. The version of the Terms that applies shall be the wording in force on the Website on the date of use. Users who disagree with the changes to the Terms agree not to access the Website.
If the Terms are translated, only the French version is valid and enforceable.
ARTICLE 13. GOVERNING LAW AND JURISDICTION
The Terms are governed by French law.
Any dispute arising in connection with these Terms shall be referred for mediation prior to any legal action or arbitration. Should the mediation fail, the dispute shall be brought before the competent jurisdiction of the Paris Court of Appeals.