Terms to use
If you require any more information or have any questions about our terms of use, please feel free to contact us by email at events@thinkin.fr
Introduction:
Definitions:
Visitor: Any person using the website, with or without a registered account
Users: A user who has registered for an account on THINKIN (paid or free), a participant to any of THINKIN solutions: “consulting”, “training”, “business services” products.
Welcome to THINKIN – Thinkin.fr provides continuing education to adults serving the interests of the medical community especially plastic surgeons and dermatologists, edited by THINKIN, a “Sociétés par Actions Simplifiées”, established under the laws of France (hereinafter “THINKIN”, “we” or “us”, “website”). The following Terms of Use constitute important information regarding this website, our copyright on its contents and the terms for your use of the site as a Visitor or Users.
The present Terms of Use govern your use of THINKIN. Our Privacy Policy defines our use of your personal data. For more information, see our full Privacy Policy at https://thinkin.fr/legal-info/. By using THINKIN, you acknowledge and consent to the collection and use (as set forth in the applicable Privacy Policy) of your data, including the transfer of information for storage and processing and use, under the terms listed below.
By using the THINKIN website and/or booking or participating to a class you agree to be bound by these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein (the “Agreement”). Accessing the content of the THINKIN, through any means, whether automated or manual, will be considered as use of our site, and an acceptance of these Terms of Use.
We reserve the right to change these Terms of Use or to impose new conditions on use of the site, from time to time. By continuing to use our service after we post any such changes, you accept the Terms of Use, as modified.
Our site is reserved to adults over the age of eighteen (18) years old. By using this site, you:
1-Access and use our content
All content and materials featured on THINKIN are the exclusive property of THINKIN and/or any of the authors of such content (the practicing physician/s and/or speaker/s and/or the patient/s). These materials may be protected by copyright law, trademark law, data privacy law, patent law, database rights and protection, image and intimacy rights and may also be protected by other laws depending on the country.
The visual interfaces, graphics, design compilation, information, trade dress, database and computer code (including source code and object code), software, services, and all other elements of the THINKIN’s platform are the exclusive property of THINKIN and shall not be extracted without permission.
By booking any product from THINKIN, THINKIN gives you a personal, non-exclusive, non-transferable and revocable license to access and use any material available on THINKIN.
Users may access material of THINKIN only for their own personal and non-commercial use. Users are not allowed to use THINKIN to promote a product, service, medical procedure, business, doctor or other individual. Users may not modify, translate, adapt, merge, make derivative works, disassemble, decompile, reverse compile or reverse engineer any part of the THINKIN website. You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or any related technique) to “scrape” or download data from any web pages contained in the THINKIN website.
Users or any person accessing THINKIN may not copy, reproduce, retransmit, broadcast, distribute, publish, commercially exploit or otherwise transfer by any means, any material available on THINKIN without the written permission of THINKIN.
You are free to post a hypertext link to THINKIN on your website or social networks, as long as the link does not state or imply any sponsorship of your site with THINKIN. However, you may not, without our prior written permission, frame or inline link any of the content of the THINKIN, or incorporate into another website or other service any of our material, content or intellectual property.
2-User content
Users of THINKIN may also provide content on THINKIN such as documents, videos, photos and other content and so on. Users giving or uploading content on THINKIN are not authorized to upload such content on other e-learning medical platform that would directly or indirectly compete with THINKIN.
You retain all ownership rights of your content and you acknowledge responsibility for it and any consequences of its display on THINKIN.
By agreeing to these terms of use you are granting THINKIN a license to use and display your content online. If you are not in a position or do not have the appropriate authorizations to grant such license, please do not upload or give your content on the THINKIN.
By posting your content, you grant us a non-exclusive (except under the conditions referred in the first paragraph above), transferable, sub-licensable, royalty-free, worldwide license to use, edit, modify, reproduce, copy, display, transmit, adapt, prepare derivative works of, publish and/or distribute your Content on THINKIN in any and all media or distribution formats and channels (whether currently known or later developed) in connection with THINKIN. Content owners have the right to withdraw their authorization for this license at any time. Up until that withdraw takes place, the license remains valid.
THINKIN also provides you features such as previews and excerpts of content uploaded on THINKIN. These and other features may require our systems to access, store and scan your content. You give us permission to implement these features, and this permission extends to trusted third parties we work with.
3-Content availability
We may update and change our website from time to time to reflect changes to our users’ needs.
The service is provided “as is” and “as available”. We make every effort to ensure that THINKIN remains accessible 24/7 but cannot be held responsible for the availability of the site in the event of an internet malfunction, maintenance operations, failure or bug, or any event of force majeure beyond the reasonable control of THINKIN.
THINKIN may also use encryption, tracking, coding or any other software technique to ensure that access to the THINKIN remains restricted.
4-Liability
All conduct that constitutes a breach of these Terms of use or third-party rights will constitute an automatic breach to this Agreement. Likewise, any such conduct might also result in liability towards the rights holders of the content featured on THINKIN.
This conduct includes but is not limited to: downloading, filming, broadcasting or reproducing before third parties, taking pictures or screenshots, sharing the use of an account with third parties.
Any conduct by means of reverse engineering or any software technique that leads to the conduct mentioned in the paragraph above as well as breaching the security related features of THINKIN, is equally prohibited and will be equally prosecuted.
THINKIN shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services of the THINKIN by its Users. Since the aforementioned exclusion or limitation of certain categories of damages may vary depending on the country, the above limitation may not apply to you. In such case, liability is limited to the fullest extent permitted by the law of such country.
THINKIN does not guarantee the scientific accuracy, reliability, timeliness, quality or suitability of the content of THINKIN.
5-Indemnification
You agree to indemnify and hold harmless THINKIN and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the site in violation of these Terms of Use, made by you or any other person using your account, or your violation of any third party rights, including but not limited to intellectual property rights and data privacy rights.
We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
6-Third party disclaimer
We may provide or repost links from THINKIN to other sites maintained by third parties. Our link to such third-party sites does not imply any endorsement of the information, offers, products or services offered on or through these third-party sites. We do not operate or control in any manner the information, products or services posted on these third-party sites.
7-Notice of Copyright Infringement
If you are a copyright, trademark, patent or intellectual property owner who believes your protected subject matter has been illegitimately featured on THINKIN in a manner that constitutes an infringement, please inform us at: events@thinkin.fr .
Please include the following information in your written notice: (1) a detailed description of the intellectual property subject matter that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material; (3) your contact information, including your address, telephone number and e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
You may also notify us of any material featured on the THINKIN that you believe is illicit or breaches any of your or third-party other rights. In such case, you must provide a clear description of the rights you wish to invoke including a description of the material and the manner in which it infringes your rights.
8-Pricing and payments
The pricing displayed on the website may differ from the final pricing sent to you by email in the final quote.
9-Data processing
In order to allow the proper functioning of THINKIN, as well as for statistical purposes, THINKIN may retrieve information related to the visitors and Users. This includes but is not limited to: name, address, email, profession/medical specialty, website, country, location of the visitor or Users, hardware/software of use, payment method and cookies.
This data may eventually be disclosed to trusted third parties, under the condition that such data is kept anonymous, preventing any possible way of tracking or identifying the original data subject.
The information collected from you is subject to data processing by THINKIN. Any person whose data is collected has a right to access, rectify and delete the data concerning him/her, and the right to oppose for legitimate reasons the processing of his/her data. To exercise these rights, please write to events@thinkin.fr
10-Assignment
We may assign transfer, sub-license or sub-contract any of its rights or obligations under the Agreement to any third party without your prior written approval.
11-Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms of Use will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.
12-Waiver
Any waiver of any provision of these Terms will be effective only if made in writing and signed by THINKIN; any delay or silence by THINKIN to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
13-Applicable law and jurisdiction
The terms, interpretation and all claims arising from this agreement will be governed by the applicable laws of France. Any claims arising out of this agreement will be ruled by the jurisdictions of France.
Updated at: April 2021