Terms and Conditions of Service of Medi-Productions
effective as from April 16, 2012
ARTICLE 1 - PARTIES
These terms and conditions shall apply to Medi-Productions, simplified stock company with capital of 102 000 € registered under No.331 891 978 000 57 at the RCS (Trade Register) of Limoges and having its registered office at 5, rue Sainte Claire 87000 Limoges, France (tel: +33 5 55 32 41 70 - email: info@mediproductions.com - No. EU VAT: FR46 331 891 978) represented by its president, Philippe Moreau, and any natural or legal person, governed by public or private law, downloading the Application from the Apple App Store, hereinafter the "Customer".
ARTICLE 2 - DEFINITION
"Subscription" means temporary access to the Services.
"Application" means software published by Medi-Productions available for download from the Apple App Store.
"Apple App Store" means platform created by Apple Computer, enabling any user of iPhone or iPad to purchase and download applications.
"iTunes" means music library management software and digital music player for Mac OS X and Microsoft Windows, published by Apple Computer.
"Service" means Vetcare Consult digital service, including access to contents through the application and updating.
"Contents" means still or moving images of all kinds available to the Customer under the Service in accordance with these terms and conditions.
"Animal Health Professional" means any following listed person below: graduate veterinarians, veterinary students, staff employees of veterinary practices or of public or private institutions, researchers and teachers in biological and medical sciences, employees of animal health laboratories, companies or employees of companies whose activity is directly related to animal health.
ARTICLE 3 - SCOPE
Medi-Productions offers the Customer to download the Application from the Apple App Store.
The download and use of the Application is only available to animal health professionals. Therefore, all Customer undertake to be an animal health professional entitled to pursue this profession the day of access to the Service and throughout the term of the Subscription.
Access to the Service implies the acceptance by the Customer of these terms and conditions. When downloading the Application, such acceptance will be confirmed by the acceptance of these terms and conditions. The Customer acknowledges as well having read and being fully aware of these terms and conditions and accepting them without restrictions.
ARTICLE 4 - SUBJECT
Medi-Productions offers Customers a Service including the provision of Contents, with regular updates throughout the term of the Subscription. The Service is provided to a single user in connection with an iTunes account.
ARTICLE 5 - ACCESS TO THE SERVICE - SUBSCRIPTION
5.1 Access to the Service
5.1.1 Download of the Application on Apple App Store
The customer shall get the Application on Apple App Store. The customer shall select it from the Apple App Store and click on the button provided for this purpose. The ordering process on the Apple App Store is governed by the terms and conditions of Apple.
5.1.2 Subscription
Once the Application and free animations associated with the downloaded Services, the Customer must subscribe to access the full Vetcare Consult Service. The Customer shall then be entitled to check the options and prices. If the order proposal is convenient to him/her, the Customer shall confirm it. Payment for the subscription of its choice of preferred option will then be proposed.
5.2 Subscription Term
The Subscription is effective on the date of first payment of the fee for the duration of the subscription.
Customers may request termination of their subscription in accordance with the terms and conditions of the Apple App Store.
5.3 Early Termination of the Subscription
Should the Customer fail to honor any of the provisions of these terms and conditions, Medi-Productions shall terminate the Subscription and suspend access to Customer's account as of right and without the intervention of the judge. Termination of the Subscription against the customer is without prejudice to any damages due to Medi-Productions that may be claimed because of failure of the Customer.
ARTICLE 6 - PRICE - PAYMENT
6.1 Price
The effective prices are those shown on the Apple App Store on the day of order. Displayed prices are valid only on the order date and have no effect on the future.
6.2 Terms of Payment
The Customer settle the payment on Apple App Store by providing his bank details given when registering on iTunes.
Medi-Productions have no access to any data relating to means of payment of the Customer on the Apple App Store.
ARTICLE 7 - MEDI-PRODUCTIONS’ RESPONSIBILITY
7.1 Obligations of Medi-Productions
Medi-Productions undertake to provide the necessary care and steps to the provision of quality Services in conformity with the specifications of these terms and conditions. The contents are fully validated by veterinary specialists and well-known experts. In addition to providing new contents to regular subscribers, Medi-Productions undertake to revise and amend the former contents that were posted initially so that the visual aids provided by the Service are always updated and suitable with the latest medical knowledge of veterinary sciences. However, by the nature of scientific knowledge and the continued evolution, Medi-Productions commit itself only to an obligation of means with respect of the Services thereof.
Medi-Productions are not bound by any particular guarantee regarding the posting of the Contents, regardless of the concerned section or chapter, their relevance to the search performed by the Customer, their existence and accessibility through the Application. Medi-Productions shall freely change the Contents available by the Service in order to preserve the scientific and medical validity. The Customer has no right to keep the Contents the way they were at the time of the subscription to the extent that they are supposed to be updated regularly in the framework of the Service and in order for Medi-Productions to guarantee an updated status necessary for the proper functioning of the Service.
Vetcare Consult Service is only meant to illustrate and accompany with the image diagnostic and therapeutic explanations that the Customer, a professional animal health, may have to produce to its clients as part of the consultation and advice concerning their animals. The Customer is solely responsible for selecting the Content, the information he has chosen, their conformity to the use to which they are destined, and what use shall be made of them. The use of the Contents is under the sole responsibility of the Customer who shall show or send to his clients who seek him out.
7.2 Force Majeure – Failure of the customer
Medi-Productions shall not be liable in case of force majeure or failure of the Customer, as defined in this article:
7.2.1 Force Majeure
The meaning of these terms and conditions will be considered a force majeure enforceable against the Customer an impediment, limitation or disruption of Service due to fire, epidemic, explosion, earthquake, fluctuations of the bandwidth, failure due to the service provider, failure of transmission networks, collapse of facilities, or fraudulent or unlawful use of passwords, codes or references provided to the Customer, hacking, security flaw due to the host provider or developer, flooding, power failure, war, embargo, law, order, demand or requirement of any government, requisitioning, strike, boycott, or other circumstances beyond the reasonable control of Medi-Productions. In such circumstances, Medi-Productions shall be relieved from the performing of its obligations to the extent of such impediment, restriction or inconvenience.
7.2.2 Failure of the Customer
The meaning of these terms and conditions will be considered a fault of the Customer enforceable against him any misuse of the Service, fault, negligence, omission or failure on his part or that of its employees, any violation of intellectual property rules as defined in article 8 of such document , any unauthorized disclosure or use of the passwords, codes and references of the Customer and the furnishing of false information or lack of update of such information, as well as use of the trademark without prior written authorization. Shall also be considered a fault of the Customer the implementation of any technical process, such as robots, or automated queries, whose implementation would violate the letter or spirit of these terms and conditions of sale.
7.3 Damages Charged to Medi-Productions
Medi-Productions’ responsibility shall be limited to direct, personal and definite harm by the Customer and related to the concerned failure. Medi-Productions shall in no case be held liable for any consequential damages such as, in particular data loss, trade injuries, loss of orders, damages to brand image, disorders and loss of business profits or customers. Similarly, and within the same limits, the amount of damages charged to Medi-Productions shall not in any event exceed the price of the ordered subscription.
ARTICLE 8 - INTELLECTUAL PROPERTY
8.1 Contents
The contents are protected by copyright law and database law. Any representation or reproduction in whole or in part without the consent of Medi-Productions or its successors or assigns shall constitute a violation of Books I and III of the French Intellectual Property Code and shall likely be prosecuted. The same applies for the translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever.
The published information is for reference only, without guarantee of accuracy. Medi-Productions shall not be held liable for an omission, inaccuracy or error contained in such information and which would be the source of a direct or indirect damage caused to the Customer.
8.2 License on the Application
Medi-Productions offers the Customer to download the Application from the Apple App Store. Within this framework, Medi-Productions shall grant the Customer a non-exclusive end-user license on the Application. The License is granted worldwide and for all languages. The license only concerns the right to use the Application for the sole purpose of downloading the Application and execution, and the right to use the Application, excluding:
• any reproduction for the marketing, release, rebroadcast, distribution, publication of the Application or installation of the Application on another machine than the customer’s;
• any representation, even partial, of the Application, in particular by means of online communication to the public or public screenings;
• any translation, adaptation, arrangement or modification of the Application, and any export or merge of the Application with other computer applications.
• any compilation, decompilation, disassembly, translation, analysis, reverse engineering the Application.
The rights of use of the Application are personal and not transferable. The rights granted to the Customer are only for a single user, for its own needs as part of its professional communication with its customers or for vocational training, to the exclusion of any form of supply to third parties, even a subsidiary or a member of a legal or factual group. The Customer shall not assign the rights and obligations under this agreement, or parts thereof, either in the context of a temporary assignment, a sub-license and of any other agreement involving the transfer of such rights and obligations. The license is granted without any other guarantee than the material existence of the rights subject of this license.
ARTICLE 9 - GENERAL PROVISIONS
9.1 Litigation
These terms and conditions are subject to the French law. Any dispute that may arise with a merchant Customer, exclusive jurisdiction is granted to the courts of the headquarters of Medi-Productions.
9.2 Modifications of these Terms and Conditions
These terms and conditions are subject to change at any time by Medi-Productions. The terms and conditions applicable to the Customer are those in force the day of the download from the Apple App Store.
9.3 Amicable Settlement of Disputes
Unless law and order provisions, any dispute that may arise in connection with the execution of these terms and conditions shall be submitted before any legal action to Medi-Productions’ discretion in view of an amicable settlement.
9.4 Entirety
Should one of the provisions of this agreement be invalid, the remaining provisions of the agreement or the agreement in its entirety shall continue to be valid and enforceable. In such case, the parties shall as far as possible replace the void provision by a valid provision that corresponds to the spirit and intent thereof.
9.5 Non Waiver
The failure by Medi-Productions to exercise any rights conferred upon it by virtue of these terms and conditions in no way constitutes a waiver of such rights.
9.6 Personal Data
The Customer agrees that collected data regarding the use of the Application, the contents and the service shall be used by Medi-Productions in order to improve the quality of Service. Any personal information shall not be used or transferred to a third party. The Customers willing to receive reports regarding the use of the Service shall make a written request to Medi-Productions.