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General conditions of use & navigation as of January 15, 2011

WeBSurg is a charge-free web-based educational resource in minimally invasive surgery. It provides the healthcare community a wide range of surgical procedures, videos, lectures, and case reports.

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General conditions of use & navigation as of January 15, 2011

This document was first issued in February 2001 and revised in compliance with HONcode principles on January 12, 2011. Copyright © IRCAD® 2001-2011. All rights reserved.

1. Introduction
2. Author and expert disclosure policy
3. WeBSurg's content
4. Compliance with laws and regulations
5. Links to other websites
6. Interactive services on the Site
7. Security
8. Password management
9. Disclaimers
10. General provisions
11. WeBSurg financial sources
12. Advertising policy

Introduction

The current general conditions of use and navigation (the "Conditions") apply exclusively between IRCAD - WeBSurg Department, whose office is at 1 place de l'Hôpital - Hôpitaux Universitaires de STRASBOURG - 67000 STRASBOURG, an association registered in the Strasbourg District Court (Tribunal d'Instance), volume LXIV, No. 119, April 13, 1992 (the "Institute") and between the user of the website websurg.com (the "Site") regarding the conditions of use of the Site and navigation on these. The Conditions shall systematically be brought to the knowledge of each user of WeBSurg to allow them to use WeBSurg, with any other conditions being excluded. Accordingly, by using WeBSurg the user agrees to be fully and unconditionally bound by the Conditions, to the exclusion of any other documents such as brochures or catalogues, which shall be used for information purposes only. Any contrary condition stipulated by the user, unless it is expressly accepted, shall not be binding on the Institute regardless of when it is brought to the knowledge of the latter. Any condition not complying with the Conditions will be discarded unless the Society has recognized their applicability expressly and in writing. Any failure by the Institute to follow any one of the Conditions, at any given time, shall not be construed thereafter as a waiver of any one of the said Conditions. The Institute reserves the right to modify the Conditions at any time, on condition that the content of these modifications are put on WeBSurg.

Author and expert disclosure policy

In compliance with HonCode principles, all authors and experts involved in the elaboration of WeBSurg’s scientific content confirm that they have disclosed any potential conflicts of interest or support that might cause a bias in their presentation. Our authors and experts have no financial affiliations that would affect the content of their presentations. They will not be discussing any US FDA or European EMA non-approved uses for pharmaceutical or medical device products.

WeBSurg's content

The objective of WeBSurg is to allow the consultation of medical and surgical information in all surgical specialties by surgeons, doctors, nurses, the medical profession, patients and the general public. WeBSurg already contains, in several languages, a considerable amount of information and chapters on surgical practices, video recordings of surgical operations and interviews with experts, information on operative techniques, professional recommendations and information for surgeons (eg clinical cases, conferences), etc. The information contained in WeBSurg has been provided by surgeons independent of the Institute, and validated by an editorial and scientific committee independent of the Institute. The members of the committee are listed on the Site. We shall use our best endeavours to ensure the accuracy and updating of any information published on WeBSurg, of which we reserve the right to correct the content at any time and without notice. However, we cannot guarantee the accuracy, precision or exhaustiveness of any information made available on WeBSurg. Accordingly, we refuse to accept responsibility or liability: • for any inaccuracy or omission in the information published on WeBSurg; • for any damage resulting from fraudulent intrusion by a third party with the effect of changing the information published on WeBSurg; • and more generally any direct or indirect damage, regardless of its cause, origins, nature or consequences, caused by any person accessing WeBSurg or being unable to do so, by any use of WeBSurg and/or by any credit attributed to information derived therefrom directly or indirectly. The Institute and WeBSurg adhere to the ethical principles applying to medical information and healthcare services provided in particular on the Internet. The information and services provided on WeBSurg do not constitute a medical consultation, neither directly nor indirectly. In no event may the proposed information and services be considered as replacement for a consultation, an examination or a diagnosis by a doctor, and they may not be construed as a means of promoting surgical techniques. Users shall not use the information on WeBSurg in order to formulate a diagnosis or to determine a course of treatment, including the taking and/or discontinuance of medication, without first consulting a doctor. Only a practising surgeon with State diploma or whose diploma is recognized by a State is entitled to evaluate our information and to assess, if necessary, how to practically and under his/her sole responsibility apply the surgical and medical advice published on WeBSurg. The user acknowledges that the information made available thereto is neither comprehensive nor exhaustive, that it is offered in relation to specific cases that cannot be applied generally and that the said information does not cover the entire range of symptoms, medicinal products and courses of treatment pertaining to the various complaints concerned.

Compliance with laws and regulations

WeBSurg is produced from Strasbourg in France and is compliant with French law. In the event of any dispute, the competent courts of the city of Strasbourg (France) alone shall have jurisdiction. When you use WeBSurg you are required to comply with any legal provisions and regulations in force and especially:

a) Applicable copyright and intellectual property regulations in multimedia creations, software, texts, articles, photos, registered trademarks, databases, and images of all kinds.
The name and trademark "WeBSurg" have been registered under French law and are protected internationally(©). If you wish to use our domain name "websurg.com" or the trade name and/or mark "WeBSurg", you should first obtain our prior written authorisation. Any linking to our Site requires our prior authorisation. The Institute, and in certain cases its partners, are the holders of the entire collection of intellectual or industrial property rights pertaining to the content of WeBSurg. In particular, the illustrations are originals and the videos have been recorded specifically for use on WeBSurg. The rights to texts written by authors have also been ceded to the Institute. If you use any information on WeBSurg, you are required to obtain our prior written authorisation before any distribution thereof. For such purpose, you are reminded that any indications pertaining to the existence of rights may not be deleted and that any total or partial reproduction without authorisation constitutes infringement. In addition, you are prohibited from any substantial qualitative or quantitative extraction of WeBSurg databases, or from using the databases in an abnormal context.

b) Regulations on the automated processing of personal data.
Any photographs and videos showing individuals shall only be used for the purposes of illustration. In any video commentaries and documents published on WeBSurg, no information will be given that allows the identification of patients. When you take part in forums and chats, please do not use any such identifying information when you discuss a case. The Institute undertakes not to disclose any information that it may receive from you to third parties. It shall remain confidential and shall only be used by our internal services for the processing of your order, as well as to enhance and customise communication and the cultural and product offer reserved for customers of the Institute, especially via newsletters from the Institute to which you may subscribe, as well as for the customisation of the Site depending on your interests. However, when you access the Site from certain partner sites of the Institute and identified as such, data concerning you may exceptionally be forwarded to third parties. Please let us know if you object thereto via the addresses below. In accordance with the French Data Protection Act of 6 January 1978, you may exercise a right of access, rectification and opposition with respect to the personal data concerning you. For such purpose you simply need to send us your request online or by letter, indicating your surname and forename, your address, and if possible your member reference:
  • using our contact form
  • address : IRCAD - WeBSurg department - Hôpitaux Universitaires - 1 place de l'Hôpital - BP 426 - F-67091 Strasbourg Cedex - France
The Site is also designed to be particularly attentive to the needs of our members. This is one of the reasons that we use cookies and IP addresses. The purpose of cookies is to let us know that you have accessed our Site. Cookies are only therefore used by the Institute for the purpose of improving the customised service intended for you. The IP (Internet Protocol) address of the computer is memorized when the visitor accesses the Site. This information is only used to establish wide-scale demographic maps indicating the points of consultation of visitors to the Site, for example the percentage of visitors in Europe or in Asia. The IP address is not however used to establish the real identity of visitors.

c) Public policy regulations, such as those pertaining to any pornographic, racist or unlawful content that may be harmful to another Internet user or may undermine the brand image of the Institute, by means of provocative messages, texts or images.

d) Regulations pertaining to the privacy of individuals, whether Internet users connected to the Site or third parties.
On such basis you undertake not to send, via the interactive services offered to you, any messages of an insulting, offensive, denigrating or degrading nature or messages that are unrelated to the issues raised.

e) Regulations pertaining to the rights of the press.
On such basis you shall refrain from any defamation or insults against online Internet users or third parties.

f) Regulations pertaining to computer fraud.
On such basis you shall refrain from any hacking of an automated data processing system or from any partial or total alteration of the elements therein. You are hereby informed that anyone committing such acts may be prosecuted. More specifically, in the context of the interactive services, the Institute reserves the right to delete content of any kind whatsoever, immediately and without prior notice, and especially any message, photograph or graphics that may violate applicable laws and regulations and especially those regulations mentioned hereinabove.

g) Regulations pertaining to the use of images.
Regulations pertaining to the use of images of people are respected by WeBSurg. Any use of images of people on the Site implies the previous consent of WeBSurg.

Links to other websites

Although we take the greatest care in selecting the websites that we propose, the Institute shall in no event be liable for any content, information, products or services offered on websites to which there is a link from the Site. More specifically, the liability of the Institute, of any nature whatsoever, shall not apply on the basis of any direct or indirect damage, and in particular any loss of business, loss of exploitation, damages, punitive damages, liquidative damages, moral prejudice, legal proceedings, any commercial nuisance, loss of brand image or loss of earnings, on the basis of the content of the linked sites, of their conditions of access, published advertisement, quality and/or the specifications of products and services sold by affiliated partners, or on the basis of payment transactions via such linked sites. Our website provides links towards Partner Websites. Please note that we do not control the contents published on these Partner Websites. Our Editorial and Scientific Editing Committee remains absolutely free, unbiased and independent of any marketing or advertising influence.

Interactive services on the Site

The entire collection of provisions in the Conditions shall apply to your participation in the interactive services proposed on the Site. You shall accordingly comply with any applicable laws and regulations, especially those described hereinabove. On such basis, you shall be solely liable for any information, messages or images, and in general for any content that you may send via the interactive services such as chat or forums in particular. You hereby agree that the Institute may take the initiative, without prior notice, to partially or totally delete any content that you may send or that may be sent to you via the interactive services, should such content be likely to violate any applicable regulations or be contrary to moral standards. You acknowledge that you shall be solely liable for any use that may be made of the content that you have sent, of any nature whatsoever, and that the Institute shall not monitor or warrant the accuracy, legality, quality or reliability of the content, of any nature whatsoever, that is distributed via the interactive services on the Site. You shall be solely liable for any contacts established via the interactive services on the Site.

Security

You acknowledge that, notwithstanding the resources implemented by the Institute, the Internet presents specific technical features that make it impossible for the Institute to guarantee the absolute continuity of access to the service or response times, as well as security in the transmission of data. In any event, you hereby acknowledge that any information and services offered on the Site:
  • may be suspended due to cases of force majeure, to events beyond the control of the Institute or to circumstances for which it is not responsible or liable,
  • may contain errors of technical or human origin,
  • may result in occasional losses of data.
Consequently, the Institute should not be held liable, particularly in case of:
  • temporary interruptions for the updating of certain files,
  • difficulties in functioning or temporary interruptions of these services outside of our control, particularly in case of interrupted electricity or telecommunication services,
  • temporary interruptions of the services required for their evolution or maintenance,
  • faults or failures in the Internet network affecting the transmission of messages or documents

Password management

You shall be responsible for the conservation of the passwords and user ID that are assigned to you in order to access and use the restricted-access services on the Site. You shall ensure the implementation of any precautionary and security measures required for the protection of your password and user ID. In the event of the loss or theft of your password and/or user ID, or if you are aware that your password and user ID are being used by an unauthorised third party, you should immediately contact our webmaster. In such an event you may:
  • either ask for the replacement of your passwords and user ID if there is a risk that they may be used by a third party,
  • or ask for the secure restitution of your passwords and user ID.
The Institute alone shall be empowered to remind you of your passwords and user ID, in the context of a secure process following your request to our webmaster. The Institute shall not be rendered liable for any fraudulent use of your passwords or user ID by a third party that has stolen them from you.

Disclaimers

WeBSurg is compliant with any applicable legislation in France. The Institute shall not be rendered liable for any failure to comply with the legislation of the country in which WeBSurg is delivered and/or used. You shall be responsible for verifying with any local authorities about the possibilities of importing or using any items or services that you may consider ordering. Any photographs and texts reproduced and illustrating WeBSurg are not contractually binding. Accordingly, WeBSurg shall not be liable in the event of errors in any of the said photographs or texts, or in case of error in the presentation of Products published on the Site. When the Institute does not fulfil one or several of its duties, its liability will be limited to the total sum received from the user. The Institute shall not be liable for any failure to perform a confirmed agreement due to stock shortage, the unavailability of Products, force majeure, disturbances or partial or total strikes especially in postal services and means of transport and/or communication, as well as flooding or fire. The Institute shall not be rendered liable for any indirect damage, any loss of business, loss of exploitation, damages, punitive damages, liquidative damages, moral prejudice, legal proceedings, any commercial nuisance, loss of brand image, loss of earnings. Hyperlinks may direct to you to websites other than the Site. WeBSurg shall refuse to assume liability should the content of such linked websites fail to comply with any applicable laws or regulations. Generally-speaking, the Institute shall not warrant the comprehensiveness, exhaustiveness or accuracy of the content of any information and services proposed on WeBSurg, but the Institute shall use its best endeavours to offer users good-quality content. The Institute shall not be liable for any undesirable effects that may result from the application of the proposed operating techniques. Furthermore, the Institute does not in any event guarantee any particular result following the implementation of any information and services proposed on WeBSurg. The Institute may not be rendered liable for any use of WeBSurg that is contrary to the principles of integrity and ethics. In any event, the user acknowledges that the Institute or any one of its partners or servants may not be rendered liable on the basis of any use that the user may make of the information and services proposed on WeBSurg and agrees that such information and services shall be used under the user's sole and entire liability, supervision and management.

General provisions

WeBSurg is produced from Strasbourg in France and is compliant with French law. The language of this agreement shall be French. Any other language version will simply be a translation of the original French text (the Conditions in French), which alone shall be the authentic reference text. Texts in languages other than French shall not be contractually binding and may not be relied on against the Institute. In the event of any dispute, the competent courts in the city of Strasbourg (France) alone shall have jurisdiction. The Conditions as well as every sale and service provision performed by the Institute shall be governed by the laws of France, with respect both to procedural and substantive rules. The Institute reserves the right to amend any provisions of the Conditions as well as the specific conditions that appear on the order forms. Your continued use of WeBSurg following the posting of changes to the Conditions means that you accept those changes. The Conditions shall express the entire collection of undertakings by the parties, and no general or specific conditions in any other documents may be considered as falling within the scope of the rights and obligations existing between the Institute and users. Should one or more of the clauses of the Conditions be declared invalid, on any grounds whatsoever, the other clauses shall remain in full force and effect. In the event of any conflict of interpretation between any heading and the clause to which it refers, the disputed title in question shall be declared unwritten.

WeBSurg financial sources

WeBSurg is not directly financed by Karl Storz Endoscopie, industrial partners of the Institute, IRCAD-EITS, a non-profit organization. Nevertheless, these partners support the Institute financially to provide educational courses for an international audience. WeBSurg’s financing is part of the IRCAD’s global budget. The IRCAD generates benefits from course registrations. Some of these benefits are dedicated to WeBSurg in order to provide a charge-free access to every surgeon worldwide. WeBSurg’s personnel is remunerated by the IRCAD. WeBSurg’s Scientific Committee is supervised by Professor Jacques Marescaux who coordinates the International Board. WeBSurg’s industrial partners do not have any incidence on the website’s contents. Within the framework of continuing medical education, our authors submit contributions whether or not the instruments used are manufactured by Karl Storz. Additionally, our Editorial and Scientific Committee is entirely independent and unbiased and has no exclusive relationship or conflict of interest with such companies. The IRCAD Institute remunerates the IRCAD personnel working for WeBSurg. Such personnel is dedicated to running, developing and generating content for WeBSurg (editorial writing and translation, video editing tasks, etc.) and encompassing all costs pertaining to site hosting and video broadcasting on the Internet.

Advertising policy

WeBSurg does not host any advertising in its operative technique chapters, videos or any other editorial and scientific content. The diffusion of the Newsletter along with the publication of editorial and scientific contents (educational videos, operative techniques, etc.) takes place independently of industrial partners. Our monthly Newsletter may present banners originating from Karl Storz, but in no case whatsoever, such advertising is related to WeBSurg's editorial and scientific contents. The mention “Advertising” has been added onto the Newsletter advertising banners as requested by the HONCode instructions. We do not control the content of such advertising banners and our editorial line remains free and independent of all advertising influence.