1.Preamble
MOOD INSTITUTE - International Institute of Mood Disorders,
Limited company, registered with the Trade Register of Paris under the following number: B 489 872 507 00012, with a capital of 11,000 euros, registered office: 149 avenue du Maine 75014 Paris, France, number VAT FR21 489 872 507, Siren number: 489 872 507, Siret number 489 872 507 00012,
e-mail: contact(AT)moodinstitute.com, Phone number inside France : 0820 620 806 (numéro Indigo 0,12€/min) International Phone number : +33 6 744 134 96
runs the websites http://www.moodinstitute.com , https://member.moodinstitute.com , http://mobile.moodinstitute.com
1.1 Mood Institute has developed a website dedicated to mood disorders and concomitant diseases
1.2 This website provides the public with information and assistance of experts, in the field of mood disorders and concomitant diseases.
1.3 The Mood Institute website also offers a Members' Area providing a number of services.
1.4 The site user acknowledges having read and accepted the Terms and Conditions of Use, as well as the General terms, in the case of access to paid services and agrees to abide by them.
1.5 The user of the site recognizes to be major and to have the full legal capacity allowing him(her) to make a commitment in conformance with the present general conditions of use
2. Definitions
2.1 The following terms will be defined specifically as below between all the parties :
- "Internet": network of networks allowing the information exchange from a protocol called TCP / IP. The data are forwarded through networks of different nature which are able to read messages according to this technical standard ;
- « website» : an interactive electronic service operated owned by Mood Institute on the Internet network, and accessible at the following address : [http://www.moodinstitute.com] ;
- « user » : all individuals connected to the web site owned by the Mood Institute and have promised to abide by these terms of Use
- « member » : a user registered as a « member » on the site and who has access via a user name and password to the paid services on the web site, such as access to the “Members area - Monitoring and reporting tools, diary, access to the "forum" or "chat room".
3. Purpose
The purpose of theses rules is to set the general terms and conditions of use of the web site « www.moodinstitute.com ».
4. Contract Documents The contracts that apply to the user are: - the current general terms and conditions of use; - the general terms and conditions of sale concerning paid services.
5. Start of services and duration
5.1. The present general terms and conditions of use are applicable on the date of their first being published on the web site and are opposable on the date of the first use of the web site by the user.
5.2. The present general terms and conditions of use are opposable during the entire duration of use of the site, until a new set of general terms and conditions of use replaces the present one. In that case, the user will be informed and he/she will have to accept them before using the site
5.3 The user may at a moment quit the use of the site but is still responsible for all prior use.
6. Conditions of access to the site
6.1. With the acceptance of the current general terms and conditions of use, access to the public part of the website is free.
6.2. However, access to certain parts of the site or to paid services can be limited to member users who have completed the application of site access to « become a member » available on line and who have accepted the general terms and conditions of sale.
6.3 The member user will be identified by an anonymized user name and a password and will be attributed a personal account to the Members Area and its services, such as monitoring tools, the mood diary, access to the “forum” or “chat room
7. Login/Password
7.1. Certain parts of the site or proposed services such as tools for monitoring the mood, the daily diary, the "forum" access or the "chat room" are available only to users with a Member ID and a password.
7.2. Login and Passwords are strictly personal and confidential.
7.3. Each user is solely responsible for keeping and maintaining the confidentiality of the password and any other confidential data sent by Mood Institute.
7.4. Each user agrees to take all necessary measures to keep this information confidential and secure.
7.5. All use of a password presumes the indisputable use of the services of the site of Mood Institute by the individual owner of the password.
7.6. Each user accepts the responsibility of notifying the Mood Institute without delay if the password is stolen or communicated to a third party
7.7. This notification should be addressed to Mood Institute by registered letter with return receipt requested to : Mood Institute 149 Avenue du Maine 75014 Paris - France.
In any case, in case of doubt, it is recommended to change at once the password by using the link " Forgot your password? " In the dialog box of connection
7.8. Each user is solely responsible for any use of services provided to his/her password account until that individual has requested a password change.
8. Service availability
8.1. The web site www.moodinstitute.com is normally accessible 24 hours a day and 7 days a week for all users. Mood Institute will however not be held responsible for interruption of the site and services, whether voluntary or not. See Sales Conditions
8.2. Mood Institute reserves the right, without warning, and without any indemnity, of temporarily or definitively closing the site or access to one or any of the services to update, modify or change operational methods, servers or hours of access, this list is not exhaustive.
8.3. Mood Institute reserves the right to modify and improve the site and services in any way it judges necessary or useful for the better functioning of the site and its services.
9. Responsibilities of the editor
9.1. Mood Institute will not be responsible :
- for the quality of the service, it being proposed « as is » ;
- of any perturbation while using the site ;
- of not being able to use the site ;
- of any attacks or breaches of computer security which might cause damage to users’ technological materials and/or their data ;
- any breach of users’ rights in a general sense.
9.2 The information available on the site is for general information of the public only and educational in purpose.
9.3 The information and services available on the site cannot be construed in any case to be a substitute for a medical consultation and cannot be interpreted as promoting medications or any other controlled medical treatments.
9.4 The information and services on the site cannot be used to establish a diagnosis or determine a medical treatment.
9.5 The site provides articles and/ or recommendations and/or opinions by health professionals and professionals qualified in their area of competence.
9.6 This information represents only the opinion of their authors who are not employees of Mood Institute.
9.7 Mood Institute is not responsible for the pertinence, the accuracy or the completeness of the articles and information published on the site.
9.8 Mood Institute will try if at all possible to provide accurate and up-to-date information on the web site. An editorial committee is formed in this respect.
9.9 However, Mood Institute cannot guarantee the absence of error, of omission or incomprehension of the content on the site.
10. Responsibilities of the user
10.1 The user/ member agrees to use any and all information and services on the site only for personal reasons, and for goals in conformity with public order, good morals and respect for the rights of others.
10.2 The user accepts using information available on the site at their sole risk and responsibility.
10.3 The user will not use any information on the site to make a medical diagnosis, determine treatment or to stop taking any medication without a prior medical consultation with a general or specialist physician.
10.4 The user agrees to not disturb the use of other users of the site, to not access the accounts of other users and to not access parts of the site that have reserved access.
10.5 The user agrees to not commit any act that could threaten the computer security of Mood Institute or that of other users.
10.6 The user agrees to not interfere or interrupt the normal functioning of the site.
10.7 The user agrees to not commit any act for commercial, political or publicity reasons including all forms of commercial solicitations and, notably, unsolicited electronic mail.
10.8 The user agrees to not collect, utilize or process any personally identifiable data of other users to which he/she might have access.
10.9 The user agrees to compensate Mood Institute, its directors, employees and other agents in case of lawsuits, actions, claims or judgements resulting from the breach of the current general terms and conditions of use.
10.bis Liability of Medical User: ... In the case of a professional access to read-only data of a Patient-Member ... Warning ... 10.3 Not applicable to Pro ...
11. Intellectual property rights
11.1 The website and all associated elements such as brand names, designs, models, images, text, photos, logos, commercial names, graphic charts, software, search engines, database, without this list being exhaustive, are the exclusive properties of Mood Institute.
11.2 The general terms and conditions of use cede no intellectual property rights of those elements belonging to Mood Institute for the benefit of any user.
11.3 The trademarks of Mood Institute should not be used in relation to products or services of a third party nor in any way that could, directly or indirectly, defame or discredit Mood Institute or a third party.
11.4 The current general terms and conditions of use give Mood Institute the right to present on the site all elements communicated by users.
11.5 The net surfer who has a website, even with in an individual capacity, and wishes to set, even for his/her personal site, a direct link on any page of the site, must obtain the express permission of Mood Institute.
11.6. In any case, this authorization can’t be described as an affiliation agreement.
11.7 Explicitly, is strictly prohibited to establish a hypertext link to the site of the Mood Institute using the technology of "framing" or "in-line linking.
11.8 In any case, the hyperlinks related to the site of Mood Institute will be removed at first request of Mood Institute.
12. Personally identifiable information – Code of confidentiality
12.1 In conformity with law n°78-17 of 6 January 1978 relative to technological information files and freedoms («Information Technology and Freedoms » law), the treatment of personally identifiable data provided during the use services of the website is subject to prerequisite formalities required by the National Commission of Information Technology and Freedoms (CNIL).
12.2 Personally identifiable information communicated by the user, with applications on the site, are processed because of necessity for access to the proposed services, and are part of the administrative process and the possible commercial process by Mood Institute in its quality of being responsible for these processes
12.3 The destination of this data is the services of Mood Institute in charge of the administrative and commercial processes. Personnel in charge of processing the data are under a strict obligation of confidentiality.
12.4 The personal information relating to health that could be collected while accessing the services on the site will not be the object of any commercial, scientific, evaluative or commercial prospecting and will not be communicated to any third parties for those purposes.
However, anonymous health information could be communicated or sent to third parties for studies or statistical analysis.
12.5 In the case of the user wanting to receive the newsletter, the electronic address will be kept by Mood Institute which is responsible for the process of sending the newsletter.
At any time, the user can demand to be unsuscribed by clicking on the link in the electronic message sent and has the rights of access and modification of his/her information.
12.6 According to the stipulations in the law of Information Technology and Freedoms, the user has the right of access, of modification, of rectification , and the right of opposition to personally identifiable information for legitimate motives, as well as the right of opposition to commercial prospecting ;Please address this request to : informatiqueetliberte (AT) moodinstitute.com. or to Mood Institute 149 avenue du Maine 75014 Paris - France.
12.7 By entering sensitive information on your racial or ethnic, your political opinions, religious or philosophical, or your union membership and data concerning health or sex life (data entry is optional), you accept them to be processed by us. If you do not want, do not mention them on the public areas on the exchange where all the members can access to them
According to the stipulations in the law of Information Technology and Freedoms, Mood Institute takes all useful precautions regarding the nature of data risks being present during processing, to preserve the security and confidentiality of the information, and notably to try to keep them from being changed or damaged and that third parties do not have access to them. Methods used in this respect : password, firewalls, security audit, anonymity, encryption of sensitive data, confidential agreement with each staff and technical service providers, confidential code implemented by Mood Institute.
12.8 The user is informed that, after visits to the site, a cookie may be automatically installed on his/her browser.
12.9 A cookie is a bloc of data which does not permit identification of the user but serves to register information about navigation on the web site.
12.10 The settings of the browser allow the notification of the presence of a cookie and also permit its refusal by a procedure described at the following address: http://www.cnil.fr/
12.11 The user of the site must respect the stipulations in the Information Technology and Freedoms law, with their violation being liable to criminal prosecution and punishment.
12. 12 The user must notably abstain, if there is any access to personally identifiable information, from collecting, all other uses and, in a general sense, from all acts that could have effects on the private life or reputation of any individual.
13. Publicity and editorial policies
See Warning in The Institute's menu
13.1. An editorial committee is in charge of assuring, as much as possible, the accuracy, the currency and the justification of the information present on the site. The author of each published article is clearly labeled above or below the article.
13.2 The editor of the web site is the MOOD INSTITUTE, limited liability company, with a capital of 11 000 € registered in the list of commerce and companies of Paris, under the number 489872507, with its registered offices Paris (75014), 149 avenue du Maine], telephone number : 0 820 620 806.
13.3 The director of publication of the web site is Mr. Laurent Coussirat and the user can send all comments or requests to the Webmaster at the following electronic mail address : webmaster (AT) moodinstitute.com.
14. Financing of the site
See Warning in The Institute's menu
15. Modifications of the general terms and conditions of use
15.1 Mood Institute reserves the right to make any and all modifications it judges necessary and useful to the general terms and conditions of use.
15.2 Any use of the services of the site by the user after any modification of the general terms and conditions of use asserts acceptance by the user of the new general terms and conditions of use.
15.3 The general terms and conditions of use available on line on the web site supercede all previously printed versions.
16. Good will
The parties agree to carry out their obligations with perfect good will.
17. Nullity If one or more contractual terms are not valid or declared as such under any law, rules or following a decision which has become final by a competent jurisdiction, the remaining provisions remain in full force and effect.
18. Integrality
18.1 Contractual documents referred to these terms, represent all obligations of parties. 18.2. The fact that Mood Institute does not claim against a customer in relation of above-named obligations can not be interpreted in future as a waiver of the obligation.
19. General stipulations
19.1. The present general terms and conditions of use are regulated by French law.
19.2. This applies to the rules of basis as well as the rules of form.
Any claims resulting from the application of the present general terms and conditions of use will be under the competence of French jurisdiction.
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