EASL COMMUNITY PORTAL: User Agreement

1. Overview

The Community Portal is an online network for Liver Professionals which belongs to the European Association for the Study of the Liver, Zurich, Switzerland. When you join The Community Portal you enter into a legally binding agreement and accept all these terms of use and the EASL Privacy Policy, which covers how EASL collects, uses and shares your personal information.

1.1. Purpose

The Community Portal is a central pillar of EASL's Vision, to become The Home of Hepatology so that all who are involved with liver disease can realize their full potential to cure and prevent it.

It is designed to help communities of interest within the broader Hepatology community to communicate between themselves in between events. More specifically it enables users to:

  • Ask questions and get advice
  • Follow and interact with thought leaders
  • Discuss topics of interest
  • Gain recognition for their work
  • Contribute to the Hepatology community
  • Get inspired
  • Inspire others
  • Keep up-to-date with latest trends in Hepatology

The intention is for The Community Portal to become The Expert Platform through which Hepatologists can share their expertise, educate others and challenge their views internationally.

1.2. Types of User

There are three types of user, each with slightly different abilities:

  • Users: can post content.
  • Facilitators: in addition to the above, Facilitators can add a description to a Topics page, add links (to the Related Content) and delete user's comments.
  • Lead Facilitators: in addition to the above, can create new Topics.

1.3. Registration and use of The Community Portal

By clicking Create an Account, logging into The Community Portal you confirm to be a health care professional who is involved in Hepatology or Liver Disease. Moreover, you expressly accept these User Terms and the EASL Privacy Policy for you and on behalf of the organization where you work and you represent. A binding agreement is so concluded is between you, the 'user' or 'facilitator' on the one hand, and EASL (The Service Provider) on the other and you are permitted to use The Community Portal and all its features.

It is your duty to regularly review the User Terms and the EASL Privacy Policy as EASL may amend such terms and conditions without any prior notice. The last updated versions of the User Terms and of the EASL Privacy Policy will have validity for the use of the The Community Portal.

2 . User Obligations

These are the commitments you make to EASL and other users when you join The Community Portal. To be eligible to join you must be a health care professional who is involved in Hepatology or Liver Disease. You commit to keeping your password safe, abiding by the rules of this community, the law and the ethical standards and professional codes of conducts, especially in relation to the disclosure of Patient Information.

2.1. Eligibility

To join The Community Portal you must be a health care professional who is involved with Hepatology or Liver Disease. Health care professionals include but are not limited to professors, assistant professors, surgeons, doctors, nurses, assistants, scientists and dieticians.

You commit to using your real name and agree that you have not previously had a The Community Portal account terminated by EASL.

2.2. Password Security

You agree that EASL may send you notifications related to your activity on The Community Portal and general information about The Community Portal. These notifications may be sent by email to the email address you provided when you registered, by text to your mobile phone, or via an EASL event application, if you have downloaded it. For detailed information see the EASL Privacy Policy.

2.3. Notifications

You agree that EASL may send you notifications related to your activity on The Community Portal or general information about The Community Portal. These notifications may be sent by email to the email address you provided when you registered, by text to your mobile phone, or via an EASL event application, if you have downloaded it. For detailed information see the EASL Privacy Policy.

2.4. Content

The Community Portal allows registered users to share personal information, comments, messages, documents, images, presentations and videos (collectively known as 'content') in many different ways. You are not permitted to provide, upload or share any content that relates or refers to any medicinal products, diagnostic, medical devices and surgical techniques on The Community Portal as well as any content that is not admitted for disclosure to the general public.

All content that you post can be seen by other registered users of The Community Portal. In certain instances, such as private Topics, the sharing of this content may be restricted to a smaller number of users. Over time EASL reserves the right to introduce new services which may provide even more private conversations and / or allow users to limit who sees the content they disclose, upload or share.

EASL is under no obligation to publish any content provided by you and reserves the right for its staff and appointed facilitators to remove any content at its sole discretion that it deems inappropriate, abusive, illegal or in breach of the Do's and Don'ts or of the EASL Privacy Policy. EASL is not obliged to provide any explanation or justification for removing this content.

2.5. Disclosure of Confidential Information

The Community Portal is not intended for the transmission, storing, review or receipt of confidential patient information ('Patient Information'). However, should you choose to share this Patient Information on The Community Portal, you agree to these obligations:

  • You will comply with the law directly or indirectly applicable to you;
  • You will use all reasonable efforts to ensure all colleagues under your direction or control comply with these laws;
  • You are solely responsible for obtaining all necessary patient consents and other legal consents required by the applicable law in order to disclose, process, retrieve, transmit and view such Patient Information;
  • EASL, its facilitators, staff and The Community Portal administrators have the right to monitor, retrieve, store, review and use Patient Information.

EASL does not assume any responsibility for your misuse of Patient Information or other information that you disclose through the use of The Community Portal. EASL reserves the right to revoke your account and / or remove any Patient Information that violates this agreement at its sole discretion.

3. User Rights

You own all of the content you post, upload or place on The Community Portal, however you also grant EASL a non-exclusive license to use it.

3.1. Ownership of Content

You own the content (personal information, comments, messages, documents, images, presentations and videos) that you post, upload or place on The Community Portal and you confirm to have the unrestricted do you so. When you post, upload or place on The Community Portal your content, you are only granting EASL a non-exclusive license; defined as a worldwide, transferable and sublicensable right to use, copy, modify distribute, publish, process, monitor, remove this content without any further consent, notice and / or compensation to you or others. These rights are limited by the following:

3.1.1. Termination

You can terminate this license by deleting such content from The Community Portal or by closing your account, except a) to the extent you already shared this content with others and b) for the reasonable time it takes to remove this content from EASL's servers and backups.

3.1.2. Consent to share

We will request your consent if we want to give others the right to publish your posts beyond The Community Portal. Others may already share your content within The Community Portal.

3.1.3. Translation and Formatting

We reserve the right to translate or reformat (modifying the size, layout or display of) your content in the future, although we will not modify the meaning of your content.

You agree that EASL may access, store and use any information that you provide in accordance with the EASL Privacy Policy. You agree to only provide content that is legally acceptable and does not violate anyone's rights whether or not they are a user. You also agree that your Profile Information will be truthful and an honest and up-to-date reflection of your accomplishments, qualifications and current role.

3.2. Service Availability

The Community Portal is a long-term strategic initiative for EASL. The intention is to build a sustainable community of Healthcare Professionals involved in Liver Disease and Hepatology. Nonetheless, EASL reserves the right to change, suspend or end this Service at its sole discretion.

The Community Portal is not a storage service. You agree EASL has no obligation to store, maintain or provide you with a copy of content you have disclosed, uploaded or shared within The Community Portal, except to the extent required by the applicable law or EASL's Privacy Policy.

3.3. Restrictions

EASL reserves the right to limit your use of The Community Portal including your ability to disclose, upload or share content, connect with other users of The Community Portal. EASL also reserves the right to restrict, suspend or terminate your account if it believes you are in breach of this agreement, the applicable law, this User Terms or the Do's and Don'ts.

EASL reserves all its intellectual property rights in providing this service. For example, EASL, The Home of Hepatology, The Community Portal, LiverTree, The Journal of Hepatology and other trademarks, graphics and logos are the intellectual property of EASL.

4. Disclaimers

These are EASL's legal disclaimers for the quality, safety, reliability and security of The Community Portal and the limits of legal liability EASL has with you.

4.1 No warranty

You agree to access The Community Portal on an 'as-is' and 'when-available' basis, and accept to do so at your own risk. EASL disclaims all warranties and liability whether express or implied to the fullest extent allowed by the applicable law for:

  • The accuracy, availability, timeliness, security or reliability of The Community Portal or its content.
  • Any harm caused to your computer system or loss of data that is experienced as a result of using The Community Portal.
  • The failure to store, transmit or share any content disclosed, uploaded or shared within The Community Portal.
  • The availability, reliability or security of The Community Portal.
  • • The content of other websites linked to The Community Portal, but not controlled by EASL.

4.2 Limitation of Liability

EASL shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will or other intangible losses related to:

  • The use of The Community Portal;
  • The conduct of another user or facilitator, whether or not he or she has been appointed by EASL;
  • Any content accessed through The Community Portal;
  • Unauthorized access to your account its use and / or the alteration of content you have provided.

Moreover, EASL's liability for any and all other liability's claims including, but not limited to tort and contract law claims, is excluded as far as permitted by applicable law. In no event shall the aggregate liability of EASL exceed the greater of one hundred Swiss Francs (CHF 100.-) or the amount you paid EASL for your yearly membership.

5. Intellectual Property Rights

The brand name The Community Portal, all contents (with exception of the information posted by the users) on and the design of The Community Portal website is protected under Swiss and international copyright and trade mark laws and exclusively belongs to EASL. You may look at The Community Portal website, download individual materials or applications to your personal computer or handheld device, and print a reasonable number of pages for your own personal reference. You must not remove any copyright notices from the materials. Moreover, you may not sell, rewrite, or modify any content or any other material found on The Community Portal (including any information posted by other users), redistribute it, put it on your own website, or use it for any commercial or non-commercial purpose without the prior written authorization of EASL.

6 . Termination

EASL reserves the right to end this agreement at any time at its sole discretion.

EASL or you may terminate this agreement at any time by serving notice to the other party. On termination you lose the right to access and/or use The Community Portal. The following shall survive any termination:

  • Users and / or facilitators rights to further reshare any content and information you shared through The Community Portal to the extent it has already been shared previously.
  • Sections 4 and 6 of this agreement.

7 . Dispute Resolution

In the unlikely event a legal dispute arises out of your use of The Community Portal, it will take place in, applying Swiss Law.

7.1 . Reference Law

The terms of this Agreement shall be interpreted and applied in accordance with Swiss Law, to the exclusion of its conflict of law rules. Any legal disputes arising will be subject to the exclusive jurisdiction of the courts of the city of Zurich.

7.2. Notices

Any notice in connection with this Agreement: (a) must be given in writing; and (b) will be deemed given as of the day it is delivered to the applicable party by an internationally recognized express delivery service, addressed as set forth below:

Attn: Grégoire Pavillon,
Executive Director
EASL Office
7 rue Daubin
Geneva, 1203

Questions in connection with The Community Portal and any content thereon and EASL Data Privacy Policy please contact Emilie Fernandez.

8. The Community Portal Do's and Don'ts

By Creating an Account and using The Community Portal you agree to be bound by these Do's and Don'ts. Failure to do so could result in your account being restricted, suspended or terminated by EASL.

8.1. You agree that you will:

  • Use your real name and provide accurate and up-to-date personal information
  • Adhere to professional codes of conduct
  • Abide by medical codes of ethics and applicable law including and without limitation to the disclosure of Patient Information, privacy laws, intellectual property, anti-spam and regulatory requirements.

8.2. You agree that you will NOT

  • Create a false profile on The Community Portal
  • Use an image in your personal profile that is not of your likeness
  • Misrepresent your current job, previous experience, qualifications or accomplishments
  • Misrepresent your affiliation with professional institutions whether they be medical or otherwise
  • Act dishonestly by posting incorrect or misleading content
  • Provide, upload or share content that breaches this agreement, medical ethics, applicable regulation (including legislation on the promotion of therapeutic products) or patient confidentiality
  • Harass, abuse or harm another user or facilitator
  • Send spam, junk mail, chain letters, unauthorized advertising or other unsolicited communications on behalf of yourself, your organization or a third party to others users or facilitators irrespective of whether you do it for personal financial gain or not
  • Copy profiles, personal information or content provided by yourself or other users with the intention to share that information with third parties whether or not they have access to The Community Portal irrespective whether it is for personal financial gain or not
  • Disclose or upload information you do not have the right to disclose
  • Violate the intellectual property rights of EASL and / or its products and services
  • Violate the intellectual property rights of other organizations and entities which may be represented on The Community Portal
  • Post anything that includes digital viruses, worms or other harmful code
  • Copy or use the information provided through The Community Portal for use on a rival service (as determined by EASL)
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for The Community Portal or any related services provided by EASL
  • Imply or claim that you are affiliated with or endorsed by EASL by using this platform
  • Attempt to override any security features of The Community Portal
  • Violate EASL's Privacy Policy.

Impressum

EASL, European Association for the Study of the Liver, Zürich
c/o The Home of Hepatology
7 rue Daubin
Geneva 1203
Switzerland

Last amended on [15 April 2015]