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Legal conditions

Editor : CERFACS

42, avenue Gaspard Coriolis

31057 Toulouse Cedex 01

France

Tel. : (33) (0)5 61 19 31 31 – Fax : (33) (0)5 61 19 30 00

In charge of the publication :  CERFACS

Web design : 6tem9

 

The present general conditions of use determine the access rules to this website. When browsing the Site, you agree, as a user, to the terms of the contract, to accept them unconditionally and comply with them.

 

1 – Note from the CNIL (Commission Nationale de l'informatique et des libertés)

The personal information you will provide on the website will only be sent to the Editor.

We inform you that the data may be used by the Editor, in compliance with the current legislation, for direct marketing purposes in order to suggest products or similar services to you.

In accordance to the law named “Informatique et Liberté” dated 6 January 1978 and modified by the law dated 6 August 2004, the processing of your data may result in the exercise of the access right and of rectification as well as the right to object for legitimate reasons from the said site editor or by sending a mail to the above mentioned address.

A “cookie” may be created while you use the website. We cannot identify you at that time. However, the cookie records information related to your browsing on our Site (the pages you have visited, the date and time of visit, etc. …) that we will be able to read during your later visits.

We inform you that you can oppose to the recording of “cookies” by configuring your web browser but we draw your attention to the fact that some specialized services require that the user accepts cookies. If the web browser is configured to block the cookies, access to these services may be deteriorated or denied altogether.

2 – Licence of right of use

The access to the website also gives you a private access right which is non-collective and non-exclusive to the website's contents. All networking and all rerun, whatever their forms, are forbidden.

The right to reproduce is only entitled to the representative purposes on single station screens and is strictly reserved for your private use. If you wish to make a commercial use of the information that appear on this website, you have to ask for an explicit agreement from us. To do so, send us an email using our contact form.

The whole of the materials that are edited on the website, including by way of non-limitating texts, photos, videos, computer graphics, icons (hereafter “the Materials”) provides works for the purpose of the provisions of Article L112-1 of the Law on Individual Property. Consequently, all representation or duplication, either full or limited, which could be done without the authors or their legal successors' agreements is illegal. Therefore, you are not allowed to modify, copy, forward through email or in any other manner, give, download, display and, generally run these Materials.

Consequently, you agree with :

• only download on your computer the Materials for a private use and for a limited period of time

• only print on paper the downloaded Materials on the condition that the copied copies are strictly limited to personal use

• not reproduce the digital version of the Materials for purposes of press review

• not alter, modify, shift, withdraw or replace the editorial content (text and/or reproduction) of the Materials and/or of the authors of the Materials or their legal successors.

 

We remind you that the violation of one of the editor's copyrights or of the authors of this website is an offense of forgery that is banned in France by the Article L 335-2 from the Intellectual Propriety Code and is punishable of a three-year imprisonment  as well as a 300 000 euros fine.

The Editor reserves the right, at its discretion and without any prior notice, to modify, withdraw or add provisions to the “General Conditions of Use” of the website, at any time, especially in order to take into account any legal, case law, editorial and/or technical evolution. The version that shall prevail is the one which is available on line. We advise you to regularly refer to the latest version of the copied General Conditions of Use.

The Editor also reserves the right to modify the characteristics of the website's content.  It can also reduce the access to certain headings of the website, and this may be done without any prior notice.

The Editor, at its sole discretion, can suspend or stop the access to all or parts of the website for any reason particularly including the non-compliance to the “General Conditions of Use” of the Website. It does not guarantee that the website is error free and that all the imperfections will be subject to corrections.

The Editor reserves the right to send, to you personally or to all the users of the Website, emails to let you know about the changes, modifications or new information that occurred on the Website.

3 – Limitation of responsibility

You are the only one responsible for damages, directly or indirectly, material or non-material, as soon as they would result from a use of the Website by yourself or by a person you would have authorized to use this Website. By use, one shall consider all use of the Website, of any nature whatsoever, fraudulent or non-fraudulent.

In this regard, you give up the right to claim or sue related to such damages and prejudices, on the basis of the Editor's contractual liability or on any other basis.

Hyperlinks may link to other Websites not associated with the current Site. By clicking on these links, you leave the current Website and navigate to Sites which the Editor is not in control.  Consequently, the Editor will not be held liable in case the content of these Sites would offend the legal status and rules.

Besides, it is recalled that no other hyperlink can lead you back to our Website without previously being authorized by the Website's Editor. In the absence of authorization, such a link is considered as an integral element of the “Counterfeiting Crimes”, “Crimes” of which the sentences have already been mentioned above.

The Editor pledges to make the necessary efforts to secure access, consultation and use of the Materials according to the rules of use of the Internet. Access to the Site is possible twenty-four (24) hours a day, seven (7) days a week, except in case of “force majeure” or event out of control of the Editor and subject to possible failure or maintenance work necessary for the good running of the Site and of the Materials, and which could be done without any prior warning.

Consequently, the Editor's responsibility cannot be held accountable for :

• Withdrawing lasting a few minutes and dedicated to the updating of certain files

• Operating difficulties or withdrawal of services independent of the Editor's knowledge, especially in case of interruption of phone or power services

• Temporary  breaks of services necessary for their development or maintenance

• Failure or dysfunction of the web network in data or documents' transmission.

You declare to agree to the characteristics and limits of the Internet, and particularly you acknowledge :

• that you have foreknowledge of the Internet and particularly of its technical performances and of the  response times to consult, ask or transfer the Information

• that communicating your potential access codes and more precisely your identifier and your password, or generally speaking all information deemed confidential is done under your own responsibility

• that it is up to you to take all necessary actions to be sure that the technical characteristics of your computer does allow you to access the  Information

• that it is up to you to take all necessary actions to protect your own data and/or softwares from the spread of possible viruses which could circulate through the Site and/or  the Information

It is specified that downloading Materials overcomes agreement without unconditional acceptance of the aforementioned Materials and General Condition of Use.

4 – Particular conditions of the community spaces (comments)

The Editor puts spaces dedicated to free communication between Internet users at your disposal. In this regard, the Editor only acts as a host site for the community spaces he/she puts at your disposal.  Hence, the responsibility is the one of a technical provider such as defined in Article 6.I-1 of the Law on Confidence in the Numerical Economy dated 21 June 2004. Parents are requested to watch over the use their minor children make of these community spaces.

1 – These community spaces are spaces for discussions that allow you to table opinions and information about specific issues.

By spreading your different contributions (hereafter named the “Contributions”), you give the authorization to the Editor to use and reproduce all or part of the “Contributions” in the Site's headings. In the event of the Contributions being protected under the copyrights statutes, you expressly give all rights of Intellectual Property free of charge to the Editor and especially the reproduction right, the representation right, the adaptation right, on any support and in all known or unknown format to date, for the whole world and for the legal duration of the protection of the copyrights, thus allowing the Editor to use and reproduce all or part of the Contributions in the headings of the Site.

The Editor commits to take the utmost care of the Contributions, but, in any case, could be held responsible for any damage linked to them. The Editor also commits to reproduce the Contributions with the indication of their author's pseudonym as indicated by the latter.

 

2 – You acknowledge being entirely responsible for the Contributions that you publish in this section, and that these Contributions do not interfere with the editorial activity of the Editor.

Consequently, the Editor will not be held liable for the unlawful nature of the Contributions. You ensure the Editor against any appeal and/or actions any person could bring about, due to the spreading of the Contributions on the website. You will be held responsible for any charges and payments that could be due or claimed by these people whatever the matter of the reason.

We remind you that the community spaces are room for exchange, debates of ideas, where friendliness and respect of others are fundamental. Each person must then respect the other contributors and the pluralism of the opinions necessary for the community's life.

Any Contribution that would host verbal abuse, snarky jokes or rudeness could come within a moderation and will consequently be withdrawn from the website.

These contributions do not include an integral element or an incentive to the “Commission d' Agissements” checked by the rules. Thus, you pledge to respect the ethical principles listed hereafter, even if this list is not limited to the following points :

• The Contributions must not infringe up on or be contrary to the public order, good manners or clash with the minor's sensitivity.

• The Contributions must not undermine in any way to the rights and the reputation of a third party's private life and to their image.

• The Contributions must not be bashing, slanderous, insulting, obscene, violent, racist, xenophobic, that undermine the image and reputation of a trademark or any physical or moral person, in any way.

• The Contributions must not be used for purposes of threats or harassment, in any way.

• The Contributions must not incent to hatred, violence, suicide, racism, antisemitism, xenophobia, homophobia, promote war crimes or crimes against humanity

• The Contributions must not incite to a person or a group's discrimination regarding his/her belonging to an ethic group, a religion, a race, or his/her sexual orientation or handicap

• The Contributions must not incite to commit a crime, an offence or an act of terrorism

• The Contributions must not present a pornographic or paedophil-oriented character

• The Contributions must not undermine the security or the integrity of a State or a territory

• The Contributions must not undermine the rights of the intellectual property of any person whoever

A person found to be in violation of these principles could be suspended by the website's moderator, even be notified to the public authorities according to the provisions of Article 6-1-7 of the law dated 21 June 2004 for the Confidence in the Numerical Economy.

In compliance with Article 6 – I from the law dated 21 June 2004 for the Confidence in the Numerical Economy, the Editor, as a website host, must ensure the following duties :
1 . Hold and keep data in order to make it possible to find any person's identity who would have spread contents through the website host, in case the judicial authorities would request it.

2 . Withdraw and/or prevent unauthorized access to illegal contents as soon as the website host knows about them.

However, the Editor has no obligation to watch and control the spread of information and contents,  and not investigate facts or circumstances that would show illegal activities.

So, you only commit to spread contents whose rights you own, for which the owner of the rights expressly authorized you to spread them or which are free of rights. As a reminder, the “Code de la Propriété Intellectuelle” forbids any representation, either full or partial reproduction, that would be done without the author or its legal successors' consent.

Besides, in this section, you must not, in any case, suggest to sell, give or exchange stolen goods or goods coming from a misappropriation, a swindle, a breach of trust or any other criminal offence.

This heading cannot be used to ask for money, goods, properties, services, to advertise or distribute or publish business information or data. More generally, the headings cannot be used to raise money.

You commit not to insert addresses or hyperlinks to the Contributions that would be sent back to sites external to them and that could be contrary to the laws and regulations in force, that could undermine the third party interests or that could be contrary to the present General Conditions of Use.

The Editor will not accept any disruptive activity on line, such as spamming, sending messages that would be considered irrelevant or statements that would incite others to be in breach of these rules of conduct or that would incite others to participate in illegal activities. For the participants it is about taking part in a discussion and expressing themselves in a positive way.

In accordance to the provisions of  Article 6 – I – 7. paragraphs 3 and 4 of the Law for the Confidence in the Numerical Economy dated 21 June 2004, you have the opportunity to report any contribution you may know that is not related to the subject, the editorial line and/or that would be in breach of the current laws and rules, especially those that would fall under the control of Articles 24 paragraph 5 and 8 of the media law and Article 227-23 of the penal code such as apologia for crimes against humanity, incitement to racial hatred, child pornography.

We suggest you not to webcast, to an unrelated person, any personal information that could reveal your identity and in general any sensitive or confidential data (address, phone number, social security number, credit card number, driving license number , age …) that could be used against you for illegal or prejudicial purposes. The same is the case when this information is requested by a person with whom you are chatting, even if this person acts as being legally authorized by the Editor or any other society. In any case, sharing of personal information would be done at your own risks. The Editor takes no responsibility or liability in this matter.

5 – Moderation

The comments and the “Visitor's Book” are subject to moderation. Specially this includes checking, and then, possibly delating or excluding temporarily or indefinitely, and before its spreading, any content that would not be related to the subject, to the website's editorial line, and to the ethical principle as laid out in the “Community spaces “-section or that would be against laws and rules in force. Moreover, moderation may also lead to postpone its publication: it will not immediately appear in the list of on-line contents while that the moderator checks its mailbox and evaluates them.

In accordance to the provisions of  Article 6 – I – 7. paragraphs 3 and 4 of the Law for the Confidence in the Numerical Economy dated 21 June 2004, you have the opportunity to report any contribution (e.g. texts, photos, images …)   you come across that is unrelated to the subject, the editorial line and/or that would be in breach of the current laws and rules, especially the ones that would fall under the control of Article 24 paragraph 5 and 8 of the media law and Article 227-23 of the penal code such as apologia for crimes against humanity, incitement to racial hatred, child pornography.

You may do so by sending a message to the person in charge of the website's content through the “contact form”. The website's Editor reserves the right to withdraw a content and suspend access to a website's member, if as mentioned above, the content was found to be illegal either by the Editor or a legal authority.

You must also be aware that misusing the opportunity to report an illegal content may result in action against you. The following is liable to legal prosecution :

The fact to report a message or an activity as being illegal and with the only purpose of having its webcasting withdrawn or terminated, knowing that the information you provided is untrue, as well as false accusation through any means of communication including computer messages and towards a precise person, is an action that will be punished.

6 – Enforcement of the French law

The Website is part of a worldwide network and dedicated to the French public.  Hence, the current rules for all contents and data transmissions about and related to this website are controlled by the French law.

In case of legal dispute, the French court will be the only competent one.