LEGAL NOTICE:
Publisher
Pierre Fabre Eczema Foundation, Pierre Fabre Laboratories Corporate Foundation
3 avenue Hubert Curien
31100 Toulouse
France
SIRET: 525 287 009 00019
Publication director
Doctor Georges Farah - President of the Pierre Fabre Eczema Foundation
Webmaster
COMPOSER
SCOP SAS with a variable capital, registered with the Trade & Company Register in Toulouse, under number B 320 051 022, whose head office is located2 impasse du Ramier des Catalans, 31000 Toulouse.
Host
OVH, a simplified joint stock company with a capital of 10,069,020 Euros, registered at 2 rue Kellermann - 59100 Roubaix - France, under number 537 407 926, whose head office is located at 2 rue Kellermann - 59100 Roubaix - France
General terms &conditions of use for the POP TRAINING program
ARTICLE 1. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of the General Terms and Conditions of Use (hereinafter the "GTCU") is to define the conditions of use of the Pop Training (Patient Optimisation Pathway) program (hereinafter the "Program") and of the services provided within the framework of the Program, which belong exclusively to the Pierre Fabre Eczema Foundation, and which users accept by the mere fact of consulting them.
If not, the Pierre Fabre Eczema Foundation will ask participants to leave the Program.
The program is being developed under the auspices of the Therapeutic Education Group in Dermatology (TEG) and involves the following American health professionals: Professor P. Lio (Chicago), Professor A. Kehasse (Boston), Professor L. Eichenfield (San Diego) and Professor R. Sidbury (Seattle).
The GTCU are subject to French law and may be modified at any time without notice.
The use and consultation of the Program are limited to personal and non-commercial purposes. In general, the user is prohibited from using all or part of the Program for illicit purposes (copyright) or contrary to these GTCU.
By consulting the Program, participants agree to abide by the GTCU as posted on the date of consultation. The GTCU are enforceable against any user who connects to the Program.
ARTICLE 2. SERVICE DESCRIPTION
2.1. The Program has been created to offer participants (pharmacists, nurse practitioners, physician assistants and clinicians in training), (hereinafter referred to as the "Participant(s)"), a free four (4) hour training course divided into four (4) modules in order to allow Participants to acquire expertise in the field of atopic eczema and to develop the necessary skills to become a link in the care pathway of patients suffering from eczema through a discourse that is common to all health care professionals (hereinafter referred to as the "Service(s)").
The Pierre Fabre Eczema Foundation is not a training organization, and the Program is not a continuous professional development(DPC) program for the Participants.
The program will not offer CME certification to participants.
The Program will be followed online by logging in at the following address: https://poptraining.fondationeczema.org/us
Module topics
Module 1: The Basics of Eczema
Module 2: Skin Care and Topicals
Module 3: Systemic Therapy
Module 4: Quality of Life andcoordination of Care
Unless expressly provided otherwise, any new feature that improves or augments one or more existing Service(s) or any new Service launched by the Pierre Fabre Eczema Foundation shall be subject to the GTCU.
The Participants accept that the Service is provided to them "as is". The author of a training session remains fully responsible for the content he/she has provided to the Pierre Fabre Eczema Foundation, which only puts it online. The Participants undertake to use the Program in accordance with the purposes described in the GTCU, not to divert the purposes of the Program and not to attempt to divert the Participants to another service.
The Program is entirely funded by the Pierre Fabre Eczema Foundation. The Program does not constitute a contractual offer and does not include any form of advertising.
2.2. PROGRAM-RELATED STUDY
As part of the Program, Participants are informed that all Participants who complete all 4 modules will automatically enter a skills assessment study. This study (hereinafter the "Study") will determine the benefits of the Program for the Participants in the management of atopic eczema.
The Study will be published in the professional press.
Participants who do not wish to participate in the Study must notify the Pierre Fabre Eczema Foundation by writing to the following address: contact@pop-training.org
ARTICLE 3. HOW TO ACCESS THE PROGRAM
3. 1 ACCESS TO THE PROGRAM
The Program is available online by logging in to the following address: https://poptraining.fondationeczema.org/us
To access the Program, the Participant must have the necessary hardware and software skills to use the internet. In order to access the Program via a computer, tablet, cell phone (hereinafter the "Equipment"), the Participant must have access to appropriate broadband internet, a telephone subscription allowing access to the internet from a compatible computer/tablet/mobile phone such as: smartphone (IOS, Android), wap connection, wifi and/or 3G / 4 G / 5G.
The Participant acknowledges that the conditions of the contract with his/her internet/mobile telephone operator will continue to apply when using the Program. The Participant shall be solely responsible for all costs that may be claimed by the operator in connection with access to internet, wifi, wap and/or 3G/ 4G connection services, for the use of the Program.
The Participant is aware of the constraints and limitations of the internet and telecommunication networks and therefore agrees to:
• Protect its Equipment against any form of virus, attempted intrusion, unauthorized access and/or use by third parties; • Ensure the conditions of installation, operation and maintenance of its Equipment necessary for the proper functioning of the Program.
In order to obtain access to the Program, registration and creation of an account (hereinafter the "Participant Account") are mandatory.
Each Participant is authorized to hold only one (1) Participant Account.
In order to create an Account, the Participant must fill in the form provided for this purpose with the identification data requested: username, password, e-mail, first name, city name, country, profession,
The Participant is solely responsible for the truthfulness, consistency and completeness of the information provided in his/her Account.
By using the Service, the Participant agrees to:
• Provide true, accurate, current and complete information about him or her or his or her organization as prompted by the Service's registration form (such information hereinafter referred to as "Registration Data")
• And to maintain and regularly update his/her Registration Data in order to keep it true, accurate, up-to-date and complete. In the event that the Registration Data is false, inaccurate, outdated or incomplete, the Pierre Fabre Eczema Foundation shall be entitled to suspend or terminate the Account and to refuse the Participant immediate and future access to all or part of the Service.
At the end of the registration procedure, the Participant will receive a confirmation e-mail.
The Participant is solely responsible for the use, conservation and safeguarding of his/her access code. The Participant acknowledges that he/she is responsible for respecting the confidential and personal nature of the login details and password associated with his/her Account.
In this respect, the Participant agrees to be solely and exclusively accountable to the Pierre Fabre Eczema Foundation for any act carried out from his/her Account and for the protection of his/her password.
Access codes must be kept by the Participant in a safe place and must not be communicated or shared with third parties. Therefore, any connection or data transmission made with a Participant's password will be deemed to have been made by the latter.
In this respect, the Participant alone shall bear the consequences that may result from the use of his/her access codes by unauthorized third parties who may become aware of them. The Pierre Fabre Eczema Foundation may not under any circumstances be held liable for the loss of these access codes.
In the event of loss, theft or usurpation of his/her password and/or Account, the Participant undertakes to inform the Pierre Fabre Eczema Foundation without delay at the address given at the top of the GTCU or by e-mail to the following address: contact@pop-training.org
It is not possible for multiple Accounts to use the same e-mail address. Only the Participant and the Program administrators may access the Account. The Participant may request the deletion of his or her Account as well as any data concerning him or her, at any time, without having to provide any reason, by simple e-mail sent to the following address: dpofr@pierre-fabre.com
The Pierre Fabre Eczema Foundation may terminate a Participant's use of the Program subject to one (1) month's notice.
The Pierre Fabre Eczema Foundation also reserves the right to terminate a Participant's Account as of right, in the event of a court decision obliging it to do so, in the event of force majeure events, in the event of breaches of the present GTCU or in the event of suspected fraud. The Pierre Fabre Eczema Foundation reserves the right to claim damages and interest to compensate for any prejudice suffered as a result of such breaches.
Termination of the Account will result in the termination of the licenses to view/use the Services granted to the Participant who will be required to cease all use of the Program. As such, the Participant will not be entitled to any compensation.
3. 2 OBLIGATIONS OF PARTICIPANTS
By using the Program, Participants are prohibited from:
• Using the Program for political, propaganda or proselytizing purposes;
• Diverting the Program from its purpose;
• Carrying out illegal activities, including infringing on the rights of the owners of the texts, photographs, images, videos, etc.;
• Advertising or inciting other Participants to use any other service, whether or not it is a competitor;
• Undermining the operation of the Program in any way;
• Violating intellectual property laws;
• Violating any applicable laws or regulations.
Participants are aware that all information, data, text, software, photographs, images, videos, messages or other materials in the Program (collectively, the "Content") are the sole responsibility of the person who submitted such Content.
Participants are prohibited from:
• Uploading, posting, e-mailing or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of a person's privacy, hateful, racist, or in any other way objectionable;
• Consulting, displaying, downloading, transmitting any Content contrary to the laws in force in France, particularly in terms of intellectual property;
• Attempting to mislead other Participants by impersonating the name or business name of others, and in particular by impersonating an employee or affiliate of the Pierre Fabre Eczema Foundation, a moderator, a guide or a host;
• Uploading, posting, e-mailing or otherwise transmitting any Content that contains computer viruses or any other code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment without this list being exhaustive;
• Uploading, posting, e-mailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right (hereinafter collectively referred to as "the Rights") belonging to another person;
• Disrupting the normal flow of dialogue, accelerating the rate at which the screen scrolls so that Participants are unable to follow and type their dialogue, or committing any action that has a similarly disruptive effect on Participants' ability to communicate in real time;
• Interfering with or disrupting the Service, servers, networks connected to the Service or refusing to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Service;
• Harassing fellow Participants in any way;
• Collecting and storing personal data about other Participants
The Pierre Fabre Eczema Foundation or any person or entity designated by this service shall have the right to delete or remove any Content that violates the terms of the present document and/or the regulations in force and/or is in any other way reprehensible. Participants also acknowledge that they must exercise proper judgment and bear all related risks in their use of this Content.
ARTICLE 4. GUARANTEES AND RESPONSIBILITY
4.1 RESPONSIBILITY
Use of the Program is the sole responsibility of the Participants. Participants undertake to use the Program in accordance with its intended purpose.
The Pierre Fabre Eczema Foundation guarantees the peaceful enjoyment of the Program to the Participants and in particular guarantees that the Program does not violate any intellectual property rights held by a third party.
In the spirit of respect for all, the Pierre Fabre Eczema Foundation may take legal action against unscrupulous Participants.
The Participant 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 on the internet are only relatively reliable technically, as they circulate on heterogeneous networks with diverse characteristics and technical capacities, which disrupt access or make it impossible at certain times.
The Pierre Fabre Eczema Foundation may not be held liable for any damage arising from connection to the Program or use of the Program by a Participant.
The Pierre Fabre Eczema Foundation shall not be held liable for any errors, omissions, viruses or results that may be obtained through misuse of the Content and the Service. The Pierre Fabre Eczema Foundation is only bound by a simple obligation of means.
The Pierre Fabre Eczema Foundation, the managers or employees of PIERRE FABRE DERMO-COSMETIQUE cannot be held responsible:
• For any damage whatsoever arising from connection, access or use of the Program;
• Damages resulting directly or indirectly from the consultation of the
Program or the use of the Content available on it;
• Direct or indirect damage resulting from the use of the Program, including any operating, financial or commercial loss or loss of the Program or of data in any information system, even if the Eczema Foundation has been made aware of the possibility of such damage.
Under no circumstances shall the Pierre Fabre Eczema Foundation be held responsible for any loss of Content or any deterioration related to such Content.
4.2 MODIFICATION OR TERMINATION OF THE PROGRAM
The Pierre Fabre Eczema Foundation strives to keep the Program accessible 7 days a week and 24 hours a day, but is under no obligation to do so. The Pierre Fabre Eczema Foundation may therefore interrupt access to it, in particular for maintenance and upgrading purposes.
The Pierre Fabre Eczema Foundation reserves the right to modify or delete the Program without prior notice and without being held liable. The deletion or modification of the Program shall in no way justify any particular compensation for the Participants, nor the allocation of damages.
4.3. GUARANTEES
Participants expressly acknowledge and agree that:
• Their use of the Service is at their own risk. The Service is provided on an "as is" basis and is accessible depending on its availability. The Pierre Fabre Eczema Foundation does not provide any express or implicit guarantee regarding the quality and compatibility of the Service for a specific use, and the non-violation of the rules of use of the Service by its Participants (this list is not exhaustive).
• The Pierre Fabre Eczema Foundation does not guarantee that the Service will meet their expectations; that it will be uninterrupted, timely, secure or error-free; that the results that may be obtained from using the services will be accurate and reliable; that the quality of any services, information or other material obtained by them from the Service will meet their expectations; that defects in the software used, if any, will be corrected.
• Any material downloaded or otherwise obtained through the use of the Service is done at the Participants' own risk. Participants will be solely responsible for any damage to their computer system or loss of data that results from the download of such material.
ARTICLE 5. PERSONAL DATA
Access to and use of the Program will result in the collection of personal data (first name, last name, city, e-mail address, profession, etc.). This personal data will be kept for a period of time strictly necessary for the use of the Program. For more information on the collection of personal data, please consult our Privacy Policy: XXXXXX
ARTICLE 6. NOTIFICATION
The Participant agrees (if consent is given when creating the Account) to receive automatic alerts from the Program throughout the Program. It is specified that the Participant may withdraw his/her consent at any time in his/her Account settings.
ARTICLE 7. INTELLECTUAL PROPERTY
Unless otherwise stipulated herein, all of the Content, the elements featured in the Program and the Program are the exclusive property of the Pierre Fabre Eczema Foundation and/or third parties that have granted it a license and are subject to French and international legislation on copyright and, more broadly, on intellectual property.
The Content, the elements are protected by copyright, trademark, database rights, trade secrets and/or any other intellectual property rights. All rights of reproduction, representation and public communication are reserved, including visual representations, photographs, iconography or other. Reproduction of all or part of the Program on any electronic medium whatsoever is strictly prohibited without the express authorization of the Pierre Fabre Eczema Foundation.
The Participant does not acquire any intellectual property rights in the Program other than those granted herein. Participants are therefore prohibited from copying, reproducing, representing, adapting and/or exploiting one or more elements of the Program, in whole or in part, by any means and on any medium, existing or future, from translating the Content, the elements into any other language, from adapting the Content, the elements.
The Participant expressly undertakes to ensure that Use of the Program does not under any circumstances infringe the rights of the Pierre Fabre Eczema Foundation, and in particular to ensure that such Use does not constitute an act of infringement, unfair or parasitic competition.
The trademarks and logos used in the Program have been registered, their reproduction constitutes an infringement. All rights of use are reserved. In accordance with article L.122-4 of the French Intellectual Property Code, any representation or reproduction that is not expressly authorized, in whole or in part and by any means whatsoever, is illegal and constitutes an infringement punishable by articles L. 335-2 et seq. of the French Intellectual Property Code.
The Pierre Fabre Eczema Foundation grants the Participant a free, non-exclusive, non-transferable, personal license, limited to his or her private use, to access, use and display the Program and its Content.
This right is granted for exclusively personal, private and non-commercial use, and subject to the preservation of all references to reproduction and intellectual property rights relating thereto. In this regard, the Participant is prohibited from copying and/or reproducing all or part of the Content by any means and on any medium, existing or future, from translating the Content into any other language and from adapting the Content.
Any other use of the Program or the Content is strictly prohibited and constitutes a violation of the provisions of the Intellectual Property Code.
The Participant may not sell, rent, lease, market, transfer, assign, or otherwise sublicense, modify, adapt the Program, merge it in whole or in part into other software, translate it, decompile, disassemble it, or create any software or derivative functions of the Program without the express written permission of the Publication Director.
No reproduction of the Program is authorized without the permission of the Publication Director. Failure to comply with these rules will be considered a violation of copyright.
ARTICLE 8. SPECIFIC RECOMMENDATIONS FOR INTERNATIONAL PARTICIPANTS
Given the international nature of the internet, Participants agree to comply with all rules applicable in the country where Participants consult the Program, regarding the behavior of network users. In particular, Participants agree to comply with all applicable laws regarding the transmission of data from France or the country where they reside.
ARTICLE 9. NON-WAIVER AND PARTIAL INVALIDITY
In the event that one of the provisions of the GTCU is rendered null and void by a change in legislation, regulation or by a court decision, this shall not affect the validity of and compliance with the other provisions of these GTCU.
The fact that one of the Parties does not avail itself of any of the provisions of the GTCU shall not constitute a waiver of its right to avail itself of the same provision at a later date.
ARTICLE 10. MISCELLANEOUS PROVISIONS
Should any provision of the GTCU become invalid or contain a loophole, the provision in question will be replaced by the provision that most closely resembles it in terms of legal interpretation.
Participants represent and acknowledge that they have read the GTCU and that use of the Program constitutes full and unconditional acceptance of the entire GTCU.
ARTICLE 11. MODIFICATIONS TO THE GTCU
The GTCU may be modified at any time by the Pierre Fabre Eczema Foundation. Participants will be notified of such changes. Any use of the Program after notification of a modification shall constitute acceptance of the GTCU. The applicable GTCU will then be those in force for the Program on the date of its use by a Participant. In the event of disagreement with the changes to the GTCU, the Participant agrees not to access the Program. In the event of translation of the GTCU, only the French version is valid and applicable.
ARTICLE 12. APPLICABLE LAW AND COMPETENT COURTS
The GTCU are subject to French law. Any dispute arising in connection with these GTCU shall be submitted to mediation, prior to any judicial or arbitration action. If mediation fails, the dispute will be brought before the competent court in the jurisdiction of the Paris Court of Appeal.
In case of translation of the GTCU, only the French version is valid and applicable.
