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Terms and conditions of use

Preamble

The public pages of the Magellan Network's website are freely accessible at the site's URL www.magellan-network.com (hereafter the Public Site), made available to the public to present the Magellan Network's activities and to offer membership to paid services accessible via a members-only area.

Purpose

These terms and conditions of use outline the rights and duties of any person using the Public Site (hereafter the User).

These terms and conditions complete the Legal notice made available to all users, as well as the Data protection policy which the User is invited to consult.

These terms and conditions do not set forth the rights and duties of subscribed Users for their access to the members-only area, excepting contractual stipulations to the contrary.

Acceptance

Access to the Public Site by the User from any device connected to the internet is strictly subject to full and unlimited acceptance of these terms and conditions.

By accessing the Public Site, the User accepts these terms and conditions for the duration of their consultation and use of the Public Site and for any future visits to the site.

Users who do not wish to accept, in full or in part, these terms and conditions are invited to cease accessing the Public Site immediately.

Modifications

The Magellan Network reserves the right to modify these terms and conditions in full or in part at any time.

Any modification is effective as of its publication on the Public Site, without any further action being required on the part of the Magellan Network.

The User is invited to consult this terms and conditions page regularly to acquaint themselves with the applicable provisions at the time of consultation.

Access

The Public Site is made available to all Users free of charge throughout the year, seven days a week, 24 hours a day, notwithstanding necessary interruptions for technical maintenance, servicing and updates deemed necessary by the Magellan Network.

Notwithstanding the above, the Magellan Network will not be held responsible under any circumstances for interruptions to access to the Public Site for reasons related to the host, the User, the User's ISP, or due to attacks on its computer system by a third party (a virus, logical bomb, Trojan horse, etc.)or due to force majeure as defined by French Law.

In addition, the Magellan Network reserves the right to block access to its Public Site to any User without notice and for any reason.

In all the above cases, the User expressly and fully renounces any entitlement to request damages for the interruption or suspension of access to the Public Site.

Any costs incurred by the User to access the Public Site remain at their own expense, including the cost of computer equipment, internet subscription and any software.

Security

Users consult the Public Site at their own risk.

The User declares, recognizes and accepts that the technical reliability of the communication of data and information via the internet is not guaranteed, despite any protection in place.

In particular, the Public Site could be susceptible, despite the best efforts of the Magellan Network and/or its agents, to intrusions by unauthorized third parties. Data stored and communicated may be subject to misappropriation or may contain malware, such as viruses.

Furthermore, it is the User's responsibility to implement the necessary and sufficient means to protect their own computer equipment and all their data against any attack resulting from browsing the internet.

As a result, the User expressly and fully renounces any entitlement to request damages due to any direct or indirect damages suffered following use of the Public Site and caused by the risks described above.

Content

The Magellan Network does not offer any guarantees to the User regarding the content of the Public Site, particularly as regards quality, accuracy, exhaustiveness, accessibility, relevance, permanence or legality of this content.

In consequence, the User expressly and fully renounces any entitlement to request damages relating to the aforementioned characteristics of the content made available on the Public Site and will be responsible for all consequences of their consultation, storage, usage or reproduction of data.

Intellectual property

All protectable information made available on the Public Site (structure, content, data, etc.) is the property of the Magellan Network or that of third parties having granted permission for its use to the Magellan Network.

As such, any reproduction, representation, use, adaptation, modification, incorporation, translation or commercialization of information from the Public Site, in full or in part, without prior written agreement from the Magellan Network is forbidden.

In the same way, the data available cannot be used for commercial purposes, even in part, without the prior written agreement of the Magellan Network.

The User has the right to use short quotes in compliance with article L.122-5 3°) of the French intellectual property code provided that they mention that the information originated with the Magellan Network.

The Magellan Network informs the User that in addition to the payment of damages and interest in compensation for damages suffered as a result of forgery, they will be liable for criminal sanctions as detailed below.

Any reproduction or representation of information from the Public Site (text, photos, etc.), in full or in part, without the express consent of the owner is liable to be considered forgery under articles L.335-2 to L.335-4 of the intellectual property code, the sentence for which is a three-year prison sentence and a EUR 300,000 fine.

Any reproduction, use, affixation or imitation of the brands and logos featured on the Public Site without the express consent of the owner is forbidden under the conditions stipulated under articles L.713-2 and 713-3 of the intellectual property code.Any violation of these provisions is subject to a three-year prison sentence and a fine of EUR 300,000 under article L.716-10 of this code.

If appropriate, the extraction or re-use of qualitatively or quantitatively substantial portions of the databases available on the Public Site is liable to be sanctioned by a three-year prison sentence and a EUR 300,000 fine under article L.343-4 of the intellectual property code.

Links

A hypertext link can be made at will to the Public Site from other sites after informing the manager of the Public Site by sending an email to communication(at)magellan-network.com.

The Public Site contains outgoing hypertext links to third-party websites over which the Magellan Network has no control.As a result, the User expressly and fully renounces any entitlement to request damages due to any direct or indirect damages suffered as a result of using these third-party sites.

Protection of personal data

The User is invited to visit the page Data protection policy where they can find all legal and practical information on the Magellan Network's compliance with law no.78-17 of 6 January 1978 amended, on Data Protection.

Communication

The User undertakes not to make untimely, unreasonable, malicious or illicit use of any contact details of the Magellan Network or those of third parties made available to the User on the Public Site.

Otherwise, the Magellan Network reserves the right to take the necessary and legitimate measures, notably to put an end to such usage and to request compensation for the damages suffered.

Protection of information systems under the criminal code

The Magellan Network reminds the User that attacks on the integrity of the information system are liable for criminal sanctions, notably under

article 323-1 of the criminal code
Fraudulently accessing or remaining connected to all or part of an automated data handling system is liable to be punished by a two-year prison sentence and a EUR 60,000 fine.
When this results in either the deletion of or a change to data in the system, or a change to the way the system works, the punishment is a three-year prison sentence and a EUR 100,000 fine.
When the offenses set forth in the two previous lines are committed against an automatic personal data handling system implemented by the state, the punishment is a five-year prison sentence and a EUR 150,000 fine.

Article 323-2 of the criminal code
Obstructing or distorting the operation of an automated data handling system is liable to be punished by a five-year prison sentence and a EUR 150,000 fine.
When this offense is committed against an automatic personal data handling system implemented by the state, the punishment is a seven-year prison sentence and a EUR 300,000 fine.

Article 323-3 of the criminal code
Fraudulently inserting data into an automated system, or extracting, holding, reproducing, circulating or modifying the data that system contains is punishable by a five-year prison sentence and a EUR 150,000 fine.
When this offense is committed against an automatic personal data handling system implemented by the state, the punishment is a seven-year prison sentence and a EUR 300,000 fine.


Article 323-3-1 of the criminal code

Importing, holding, offering, selling or making available any equipment, instrument, software or data designed or specially adapted to commit one or several offenses under articles 323-1 to 323-3, excepting for research or IT security purposes, is punishable respectively for the offense itself, or for the most harshly punished offense.

Article 323-4 of the criminal code
Participation in a group or agreement established with the aim of preparing, characterized by actual proof, one or several offenses set forth by articles 323-1 to 323-3-1 is punishable by the sentences for the offense itself, or for the most harshly punished offense.

Article 323-4-1 of the criminal code
When the offenses set forth in articles 323-1 to 323-3-1 are committed as an organized group and against an automatic personal data handling system implemented by the state, the punishment is a ten-year prison sentence and a EUR 300,000 fine.

Article 323-5 of the criminal code
Natural persons guilty of offenses listed in this chapter also risk the following additional sentences:
1° The loss, for a maximum of five years, of civic, civil and family rights, under article 131-26;
2° A ban, for a maximum of five years, on holding public office or from the professional or social sector in which the offense was committed;
3° The confiscation of the equipment used, or which was intended to be used, to commit the offense, or the material result of the offense, with the exception of objects to be returned;
4° The closure, for a maximum of five years, of some or all of the company establishments used to commit the acts in question;
5° Exclusion, for a maximum of five years, from public tenders;
6° A ban, for a maximum of five years, on issuing checks other than those to allow the withdrawal of funds by the holder, or those that have been certified;
7° The display or circulation of the ruling, under the conditions of article 131-35.


Article 323-6 of the criminal code
Moral persons found to have criminal liability under the provisions of article 121-2 risk, in addition to the fine provided for by article 131-38, the sanctions stipulated under article 131-39.
The ban mentioned at 2° of article 131-39 relates to the activity in the course of which the offense was committed.


Article 323-7 of the criminal code
Attempted offenses, as provided for by articles 323-1 to 323-3-1, are punishable by the same sanctions.

Article 323-8 of the criminal code
This chapter is not applicable to measures introduced, by agents of the state nominated by prime ministerial decree from among the specialized information services mentioned at article L. 811-2 of the interior security code, to ensure the protection of the fundamental interests of the nation abroad, mentioned at article L. 811-3 of the same code.

Other

In the event that one or several stipulations of these terms and conditions should be declared invalid, the other provisions maintain their full authority and scope between the User and the Magellan Network.

Any stipulation declared invalid will be replaced by one or more stipulations with similar effect, taking into account the reasons for its invalidity, which the User acknowledges and explicitly accepts.

These terms and conditions are governed by French law.

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