Preamble

The private area of the Cercle Magellan’s website <www.magellan-network.com/index.php?id=private> (hereafter the Private Site) is accessible at the site’s URL. It can be accessed by the Cercle Magellan’s customers and is an integral element of the package of services purchased from the Cercle Magellan.

By accessing the Private Site, users give full prior acceptance of the terms and conditions of use of the public site.

Purpose

These terms and conditions of use of the private site outline the rights and duties of any person using the Private Site, hereafter:

• either Member Users for companies with Member status,
• or Service Provider Users, for companies with the status of Accredited Service Provider, Official Fellow or Institution.

These terms and conditions of use of the Private Site 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 detail the rights and duties of Member and Service Provider Users for their access to the members-only area in full:

• the rights and duties of Member Users are stated in the Cercle Magellan’s Membership Conditions, included with the membership contract and accepted when this contract was signed.
• the rights and duties of Service Provider Users are stated in the Cercle Magellan’s Conditions, included with the accreditation, fellowship or institutional membership contract and accepted when this contract was signed.

Acceptance

Access to the Private Site by the Member User or Service Provider User from any device connected to the internet is strictly subject to full and unlimited acceptance of these terms and conditions. 

The acceptance of the terms and conditions by the Member User or Service Provider User is demonstrated by any access to the Private Site and applies for the duration of the consultation and use of the Site and is renewed under the same conditions at any later visit. 

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

Modifications

The Cercle Magellan 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 Private Site, without any further action being required on the part of the Cercle Magellan. 

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

Access

The Private Site is available to all Member Users and Service Provider Users all year round, seven days a week, 24 hours a day under the contract signed with the Cercle Magellan, except in the event of unavoidable interruptions for technical maintenance, servicing and update operations that the Cercle Magellan deems necessary. 

Notwithstanding the above, the Cercle Magellan will not be held responsible under any circumstances for interruptions to access to the Private Site for reasons related to the host, to the Member or Service Provider User directly, to the User’s ISP, or as a result of 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 Cercle Magellan reserves the right to block access to its Private Site to any Member or Service Provider User without notice and for any reason.

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

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

Security

Member and Service Provider Users access the Private Site at their own risk. 

Member and Service Provider Users declare, recognize and accept the communication of data and information via the internet with relative technical reliability, notwithstanding any protection implemented. 

In particular, the Private Site could be susceptible, despite the best efforts of the Cercle Magellan 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 Member or Service Provider 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 Member or Service Provider User expressly and fully renounces any entitlement to request damages due to any direct or indirect damages suffered after using the Private Site and caused by the risks described above. 

Content

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

In consequence, the Member or Service Provider User expressly and fully renounces any entitlement to request damages relating to the aforementioned characteristics of the content made available on the Private 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 Private Site (structure, content, data, etc.) is the property of the Cercle Magellan or that of third parties having granted permission for its use to the Cercle Magellan.

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

The Member or Service Provider 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 Cercle Magellan. 

The Cercle Magellan informs the Member or Service Provider 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 Private 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 Private Site without the express consent of the owner is forbidden 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 Private 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

Links from other websites to the Cercle Magellan’s Private Site are expressly forbidden.

The Private Site contains outgoing hypertext links which give access to websites published by third parties, over which the Cercle Magellan has no control. As a result, the Member or Service Provider User expressly and fully renounces any application for damages due to any direct or indirect damages suffered following use of these third-party sites. 

Protection of personal data

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

Communication

The Member or Service Provider User undertakes not to make untimely, unreasonable, malicious or illicit use of any contact details of the Cercle Magellan, nor those of third parties made available to the User on the Private Site.

Otherwise, the Cercle Magellan reserves the right to undertake the necessary and legitimate proceedings, 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 Cercle Magellan 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 
Accessing or remaining connected to all or part of an automated data handling system is liable to be punished by a two-year prison sentences 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 were committed contrary to 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 reasons related to research or IT security, is punishable respectively for the offense itself, or for the offense most harshly punished.

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 were 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 five years or more, 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 establishments of the company 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 at article 131-35.

article 323-6 of the criminal code
Moral persons found to have criminal liability under article 121-2, defined in this chapter, risk, apart from the fine as provided for by article 131-38, the sanctions stipulated by 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 Member or Service Provider User and the Cercle Magellan. 

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.