Epileptic Disorders- Terms of Use
TERMS OF USE FOR VIEWING VIDEOS AVALIABLE AT
www.epilepticdisorders.com
PLEASE READ CAREFULLY before downloading and/or viewing a video
These terms and conditions of use for videos (hereinafter “The Terms”) govern the relationship between:
JOHN LIBBEY EUROTEXT LIMITED, a company under English law, registered with the Nanterre Registry of Commerce and Companies under N° 328 195 904, registered at 42-46 High Street Esher, Surrey, KT10 9QY (GB), represented by its legal representatives,
Hereinafter called “JLE”,
and
Any User of the videos available on the website referenced under the domain name www.epilepticdisorders.com
Hereinafter called “The USER”,
Preamble
JLE publishes videos on a website available at the following address: www.epilepticdisorders.com (hereinafter “the Website”).
JLE also publishes an online journal called “Epileptic Disorders” (hereinafter called “the Journal”). In addition to the Journal, JLE provides its subscribers with videos of clinical interest which include people who suffer from epilepsy.
JLE has decided to extend the access of videos to a larger medical public through the Website.
Article 1. – Subject-matter and Acceptance of Terms
These provisions constitute a legal agreement between the USER and JLE to define the terms and conditions of the videos available on the Website (hereinafter called “the Videos”).
Only those who have reached the age of majority and/or have capacity to contract an agreement under French law, and have accepted these Terms without any reservation, shall be considered as USERS .
In particular, USERS comprise both subscribers to the Journal (hereinafter called “the Subscribers”) and any other persons to whom Video access is offered for downloading, as defined in Article 2 hereof.
Before downloading or viewing a Video, the USER shall meet the requirements to be considered as a USER, be aware of the provisions of the Terms and agree to comply unconditionally with them.
In this context, the USER is informed that a warning text, the purpose of which is to remind the USER of their main obligations, is played before all Videos.
If the USER fails to comply with any of the obligations and conditions contained in these Terms, the USER will not be able to download or view the Videos.
These Terms constitute the entire agreement of the parties hereto with respect to the subject matter hereof. No tolerance by JLE shall be construed as a waiver of its rights and obligations arising under these Terms. JLE may modify the Terms at any time and without prior notice given to the USER.
Article 3. – Ownership
Videos are copyrighted works which are protected internationally under the provisions of the French Intellectual Property Code, the Bern' and Rome' international agreements and TRIP's. With the exception of the moral rights belonging to the author of each Video, all proprietary rights have been assigned to JLE, which has full ownership.
In this context, the USER expressly acknowledges that acceptance of the Terms is a recognition of ownership of the rights accorded to JLE and a commitment to respect them.
Therefore, according to the subject matter hereof, JLE grants the USER a personal and non-exclusive right to use the Videos, subject to the conditions and limitations contained in Article 4.
In particular, the USER expressly agrees that any downloading, and subsequent viewing of Videos, does not amount to a transfer of ownership.
Article 4. – Right of Use and Limitations of Use
JLE grants the USER a personal and non-exclusive right to download and/or view the Videos, subject to the following limitations.
Article 4.1 – Strictly professional use
The Videos have an educational purpose as they are intended for the training of professionals in the medical field. Commercial use of the Videos is prohibited.
In this context, the right of use hereby granted is strictly limited to educational purposes in a medical environment and in particular for the training of doctors and medical students and/or medical congresses.
Article 4.2 – Unauthorised use
The right of use hereby granted is strictly limited to the USER’s professional activity. Any unauthorised secondary use of the Video, such as copying, editing, exhibition, renting, lending, sale, redistribution, public performance, diffusion and/or broadcast of Videos on any medium whatsoever including the Internet or by any means whatsoever, or any part thereof, is strictly prohibited.
Article 5 – Warning
Epilepsy is a neurological condition that may present spectacular paroxysmal events (seizures) which can lead to injury or present signs and symptoms reflecting changes in the personality and attitude of the subject.
In considering the content of the Videos, JLE expressly warns the USER that some people may find the images disturbing and disclaims any liability for any effects that may result from viewing these Videos.
Article 6. – Liability
Article 6.1. – USER’s liability
The User is responsible for his or her personal use of the Service and, in particular, for his or her use of the Videos. Accordingly, in case of any unauthorised use made by the USER, his or her responsibility shall be incurred.
In particular, the USER is fully aware that any reproduction and/or representation of Videos outside the scope of the Terms and without the express consent of JLE shall be considered as copyright infringement, which may lead to three years’ imprisonment and a fine of €300,000.
All hardware and software required to use the Service are the sole responsibility of the USER.
The USER shall be deemed to take all appropriate measures against contamination of his or her computing equipment by viruses, and agrees that JLE should not take any responsibility for such events.
Article 6.2. – JLE’s liability
Videos are downloaded at the User’s own risk and JLE accepts no responsibility for damage to equipment and/or property as a result of downloading or viewing Videos, unless the USER can demonstrate that JLE is directly accountable.
JLE reserves the right to modify, suspend or discontinue the Service at any time and for any reason whatsoever, without prior notice and without incurring responsibility.
JLE shall not be liable for its failure to meet with the Terms due to contingencies beyond its reasonable control and without fault or negligence on JLE’s part including, but not limited to, natural disasters, acts of war, violations of public order, epidemics, fires, floods and other disasters, and acts of government.
Article 7. – Assignment
The USER may not assign all or part of the rights and obligations arising under these Terms to any third party without first obtaining JLE’s express written consent.
Article 8. – Jurisdiction and governing law
These Terms are governed by French law and any dispute or controversy arising between the Parties in connection with the establishment or execution of the Agreement shall fall under the jurisdiction of the Tribunal of Paris.