Terms and Conditions for Care Challenge New Version

August 3rd, 2012

This website “Care Challenge” located at www.care-challenge.com (the “Site”) is operated by sanofi-aventis groupe (hereinafter “sanofi” or “We”), a French legal entity, part of the sanofi group.

This page describes the Terms and Conditions which apply to every user visiting this site (hereinafter the “Users” or “You”). By using this Site, You undertake to comply with these Terms and Conditions without reservation.

We may restrict, suspend, or revoke your registration or ability to access or use the Site, with or without prior notice, if you violate these Terms and Conditions.

1. General

This Site, which is intended primarily for an HealthCare Professionals audience, aims to provide the opportunity for nurses to showcase their innovative initiatives in the field of disease management on the Care Challenge Site in order to share their work with colleagues from all other the world and, possibly, to draw the interest of potential sponsors.

Such innovative initiatives may relate to:

General Nursing

  • Education

    E.g. Education resources that promote patient self-management of diseases (print, internet-based, video, TV or other media), such as chronic diseases.

    E.g. Programs that raise community awareness of disease.

  • Practice

    E.g. Nursing services, procedures, techniques or tools that promote patient self-management of disease.

    E.g. New ways to support families and caregivers.

  • Research

    E.g. Studies of outcomes of innovative approaches to nursing, patient care, and patient education

Chronic Disease (which focus may vary on an annual basis)

2. Content

The Site is not intended to contain any information related directly or indirectly to pharmaceutical products or medical devices. However, the Site may contain information relating to health, fitness and medical domain. This is for information purposes only and is not meant to be a substitute for the advice provided by your own physician or pharmacist. You should not use the information contained herein for diagnosing any illness or physical problem or in order to make any medical decision based on the Content presented on the Site. You should always consult your own physician or pharmacist.

2.1 Content and comments posted by Users (the “User Content” or “Your Content”)

The Site contains content such as i) text, images, pictures, audio, video provided by a nurse in support to his/her initiative submitted for publication on the Site, ii) comments from Users on the initiatives submitted by Nurses published on the Site and iii) videos developed for the winners of the Care Challenge V.1 “Nurse in limelight” Awards.

The User Content represents only the opinions of the Users, which opinions are not necessarily those of sanofi. Such Users are not employees of sanofi and do not receive any compensation from sanofi group for the use of their opinion. Sanofi (or any of its Affiliated Companies) is not responsible for the accuracy or completeness of any information or opinion set forth in such materials and assumes no responsibility or liability arising from the Content of the Site nor for any error, omission, defamation, libel, or slander. Caution should be used before relying on any particular statements or opinions expressed herein.

You are prohibited from posting or transmitting any unethical, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Sanofi will fully cooperate with any law enforcement authorities or court order requesting or directing sanofi to disclose the identity of anyone posting any such information or materials.

Although the Users are the sole responsible for the User Content posted, Content submitted for the publication of an initiative on the Site shall be, according to the submission requirements detailed in Section 3 herebelow, reviewed and approved by sanofi prior to its publication onto the Site. To this end, all Content must be submitted by Users through the Submission Forms and under the conditions set forth in Section 3 herebelow.

Although the Users are the sole responsible for their comments, sanofi reviews all comments and/or reserve the right to moderate and/or not to publish and/or remove any comments which:

i) are inappropriate or offensive

ii) breach of the prohibition detailed above

iii) contain any material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents

iv) contain links to viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer

You are invited to report any abuse by clicking on the “report abuse” link displayed throughout the Site.

All Comments submitted by Users of the Site shall be related to the object of the Site and maintain a friendly and respectful tone.

By posting Your Content, You understand and agree that Your Content will be treated as non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but hereby agree to grant rights to sanofi and other Users of the Site, under the modalities described in Section 4 of these Terms and Conditions.

You represent and warrant that You are solely responsible for Your Content and the consequences of posting or publishing it.

You guarantee that You have all necessary licenses, rights, consents, and permissions, including from third parties if Your Content contain third party proprietary rights, which are required to enable sanofi to use Your Content.

If Content contains video and/or picture, you certify that You have obtained the consent of any person featured in such video and/or picture.

2.2 Content posted by sanofi (“sanofi Content”)

With the exception of the Content posted by Users, all other Content is either owned by sanofi or its affiliated companies, or licensed to it and is subject to the provision of Intellectual Property Rights Section 4 of these Terms and Conditions.

3. Submission requirements

Submissions of initiatives are invited from all individual qualified nurses, or teams of healthcare professionals led by an individual qualified nurse, who have developed an innovative initiative in the field of general nursing or chronic disease (as detailed in Section 1 hereabove).

The nurse in whose name the submission is made must be over 18.

Although the Care Challenge Site encourages disease related initiatives, due to legal and regulatory constraints, the initiatives or submissions (including supporting documents) shall not refer or relate to identified or identifiable pharmaceutical products or medical devices.

In addition, due to the nature and purpose of the Site, the initiatives shall not relate to a commercialized product or service.

A complete submission includes information and supporting documents related to the initiative and to the nurse, as detailed in the electronic or hard copy submission form.

The electronic submission form is available on: http://www.care-challenge.com/en/users/new A hard copy of the submission form can be downloaded on http://www.care-challenge.com/en/alter or requested by mail or fax.

Mail and fax requests, as well as complete hard copy submissions, shall be sent to the following address:

Care Challenge

Sanofi

Sylvie Coumel

9, Boulevard Romain Rolland

75014 Paris

France

Or by Fax to the following number: +33 (0)1 55 71 30 50

The submission form and supporting documents shall comply with the format, number of words and size restrictions specified on the submission form. Mail submission forms shall be legible, block printing preferred.

Submissions which are incomplete and/or do not comply with these terms and conditions will be considered as invalid.

Only submissions which comply with all applicable international and local laws and regulations may be published on the Site. Accordingly, by submitting an entry, You acknowledge and warrant that neither Your initiative, nor Your submission form (including supporting documents) for this Site breaches any such laws and regulations or any third parties rights.

If You provide, as a supporting document of Your submission, a video or a picture, You hereby certify that You have obtained the consent of any person featured in such video or picture.

After a verification that the submission is complete and complies with these terms and conditions, You will receive an acknowledgement of receipt. The documentation and forms provided will not be returned to You.

Sanofi reserves the right to refuse any initiative and/or related video or picture, which does not fulfill the submission requirements. Sanofi also reserves the right to refuse any initiative and/or related video or picture, if it reasonably considers that such initiative and/or related video or picture is unethical, unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or that it could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.

The Care Challenge administration may request additional information or documentation from You if you submit an initiative. By submitting an initiative, You undertake to provide all the necessary additional details and documentation that may be required for the analysis of the submission.

The submission of a submission form is considered as an acceptance of these submission requirements by You for yourself and, as the case may be, on behalf of the members of the team You represent.

All communications regarding the application will be made at the email or postal address indicated in the submission form.

4. Intellectual property

This Site is owned by sanofi. The presentation and each of the materials, including trademarks, logos and domain names, sanofi Content posted on the Site, are protected by the applicable laws as regards Intellectual Property, and are owned by sanofi or its Affiliated Companies, or licensed to it.

No component of the Site may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any way, on any support, in total or in part, without sanofi’s prior written consent, except for press use only, on condition that intellectual property rights and all other property rights are respected.

Only copying for private use is authorized for Users’ own personal, private, non-commercial use, on their own computers.

The following notice shall appear on any authorized copies of whole or part of the Content of the Site: “COPYRIGHT 2011 - SANOFI - ALL RIGHTS RESERVED”.

All authorized use of visuals, whether constituting the site or included within it, must not be distorted, modified or altered in any way whatsoever.

Sanofi or its Affiliated Companies reserve the right to take legal action against any breach of or counterfeit of its intellectual property rights.

By posting Your Content, You are giving sanofi and its Affiliated Companies, a royalty-free, irrevocable, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content in whole or in part, for the duration of protection of the associated intellectual property rights, on a worldwide basis, and to incorporate them in other works, in any form, media, technology, or products now know or later developed, including for promotional or marketing purposes.

5. Links to other sites

The responsibility of sanofi will not be called into account with regard to any third-party site to which You may have gained access via the Site. We have no way of controlling the content of these third-party sites which remain totally independent of sanofi. In addition, the existence of a link between the Site and any third party site in no way implies that sanofi in any way approves of the content of this site, or, moreover, any use to which such content may be put.

Furthermore, it is your responsibility to take the necessary precautions to prevent the Site being contaminated by, including, but not limited to, one or more “viruses”, “Trajan horses” or any other “parasites”.

External sites may contain hyperlinks leading to the Site. Any such hyperlink shall not be installed without sanofi’s express prior consent. In any case, sanofi is in no way responsible for the unavailability of such external sites and sanofi does not review, control, approve, nor is it responsible for any content, advertising, products or other materials available on or accessible via those sites.

6. Pharmaceutical Products and Side Effects

The Site is not intended as a forum for discussing sanofi’s or other companies’ products. If you have a question about one of our products, please visit http://en.sanofi.com/at-a-glance/presence/local_presence_home.asp and select Your country of residence to find your local sanofi website and office details.

This Site is not intended for the reporting of side effects associated with the use of prescription drugs. If You, or someone You know, have possibly experienced a side effect while taking any sanofi product, please send an email indicating the concerned product and the identified adverse event to your local sanofi office. To find your local sanofi office contact details, please visit http://en.sanofi.com/at-a-glance/presence/local_presence_home.asp. You are also encouraged to report negative side effects of prescription drugs to the Health Authority of Your country.

7. Nominative information and other information

7.1 Nominative Information

You may communicate personal information via electronic mail. This information will be used for the sole purpose of replying to You in the most efficient way possible. Sanofi will not divulge to any third party personal information concerning You which You may communicate.

You may also communicate certain personal information as part of your application to Care Challenge. Only clearly designated information may be published on the Site with your express consent. All other information will be used for the sole purpose of processing your application to Care Challenge.

In accordance with the French data protection act n°78-17 dated 6 January 1978 as modified on 6 August 2004, you have the right to access, alter, rectify and delete Your personal data, and, for legitimate reasons, object to the processing of Your personal data.

To do so, please send Your request by e-mail to contact@connecting-nurses.com

7.2 Other Information

Please note that the Site is not designed to receive any confidential information which You may submit. As a result, and with the exception of the personal data below in Section 6, all information, whatever form it is in: document, data, graphics, questions, suggestions, concepts, remarks or other - which you communicate on the Site will in no way be considered as confidential. As result of this, the simple fact of your transmitting this data to us grants us the right to use, reproduce, diffuse or modify this data, or to transmit it in the aim of processing your request.

8. Limitations of liability

Sanofi makes every effort to ensure to the best of its abilities the accuracy and updating of the information broadcast on the Site, whose content the company reserves the right to change at any time and without prior notice. Nonetheless, sanofi cannot fully guarantee the accuracy, precision, updating or exhaustiveness of the information made available on the Site. As a result, and with the exception of direct damage resulting from willful misconduct or gross negligence by sanofi, the latter cannot be held liable for:

  • any imprecision, inaccuracy or omission relative to the information provided on the Site;
  • any damage resulting from fraudulent intrusion by a third party leading to the modification of the information, features or materials provided on the Site;
  • any damage, regardless of its cause, origin, nature or consequences, even whilst sanofi has been aware of the possibility of such damage, whether resulting from (i) Your access or inability to access the Site, (ii) Your use of the Site, including any damage, bug, virus or other harmful elements which may infect your computer system or any other product, and/or (iii) credit given to any information provided directly or indirectly by the Site;
  • any indirect damage, including, without limitation, loss of data, files or goods, loss of profits or benefits, damage to reputation, the non-occurrence of anticipated savings, productivity gains as well as damages resulting from third parties' actions regardless of the basis of action.

The Site and its components are provided “as is”, without any kind of warranty, whether express or implied. Sanofi does not offer any express or implied warranty, created by law or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, title or non-infringement.

9. Modifications - severability

Sanofi reserves at any time the right to modify the Terms and Conditions and to impose new or additional terms or conditions on Your use of the Site, without prior notice. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions. Your access to the Site will be deemed acceptance thereof. We therefore advise You to consult them regularly.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions shall remain in full force and effect.

10. Availability of the web site

You acknowledge that (i) it is technically impossible that the Site will be provided free of defaults and that sanofi cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Site, and that (iii) the operation of the Site may be adversely affected by conditions and performances outside sanofi’s control, such as, for example, transmission and telecommunication links between sanofi and You and between sanofi and other systems and networks.

Sanofi and/or its suppliers may, at any time, temporarily or in permanently modify or interrupt, all or part of the Site in order to perform maintenance work and/or make improvements and/or changes to the Site. Sanofi is not liable for any modification to or suspension or interruption of the Site.

11. Legal framework

The Site and its Content are governed by the Laws of France. Any possible litigation referring to the Site and its content will come under the competence of French Courts.

12. General Information

Site editor:

Site editor:

- RCS: Trade and Companies Register of Paris, n°403 335 938

- Registered office: 54 rue La Boétie – 75008 Paris

- Phone number: +33 (0)1 53 77 40 00

- VAT number: FR 47 403 335 938

Publishing director:

Gilles Lhernould

Managing Editor

Sylvie Coumel

Hosting Provider

AGARIK SAS

20 rue Dieumegard

93400 SAINT OUEN - FRANCE

Tel.: +33 (0)825 602 601

13. Credits

Trademarks n/a

Photo credits n/a

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