1. Object

Cro-magnon operates an online platform from the website accessible at the following address: www.cro-magnon.org (hereinafter the « Platform »), through which it makes available to professional or private users (hereinafter the « Users ») a library of medical knowledge consisting of content produced and/or compiled by professionals in the medical sector and placed online on the Platform by the latter (hereinafter the « Publishers »).

Users and Publishers are hereinafter referred to together or individually as a « User ». The Company and the User are hereinafter referred to together or individually as a « Party ».

The purpose of these general terms and conditions (hereinafter the « General Terms and Conditions ») is to set out the terms and conditions for the provision to Users of services for accessing the Platform, consulting the library and/or publishing content on the said Platform (hereinafter the « Services »), and to define the rights and obligations of the Parties in this context.

They express the entire agreement of the Parties and cancel and replace any previous agreement, letter, offer or other written or oral document with the same purpose. They can be accessed and printed at any time via a direct link on the Platform homepage.

2. Platform operator

The Platform and the Services are operated by Cromagnon, a simplified joint stock company, registered in the Toulouse Trade and Companies Register under number B879 479 806, whose registered office is located at 16B rue Mespoul - 31 400 Toulouse (hereinafter the « Company »).

The Company can be contacted using the following details:
E-mail address : supp.cromagnon@gmail.com.
Or via the contact form: Contact.

3. Acceptance of the General Terms and Conditions

By registering for the Services under the conditions set out below in the article « Access to Services » or by using the Services made available on the Platform, the User declares that he/she has read these General Terms and Conditions and expressly accepts them.

This acceptance can only be full and complete, without modification of any kind. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these General Terms and Conditions must not use the Services or access the Platform.

4. Access to Services

The Platform and the Services are accessible to any natural person who has full legal capacity to enter into commitments under these General Terms and Conditions. Users who do not have full legal capacity may only access the Platform and Services with the express agreement of their legal representative.

Access to the Services is reserved :

• For Services reserved for Users : to any natural person or legal entity, as part of their professional activity, in the healthcare sector or otherwise, or privately outside any professional activity. The User acknowledges and accepts, however, that access to certain content may be reserved solely for professional Users working in the healthcare sector, under the conditions detailed below.
• For Services reserved for Publishers : only natural persons carrying out a professional activity in the medical sector, understood as all activities carried out in public and private hospitals, medical, dental and paramedical practices and medical analysis laboratories.

5. Registering on the Platform

All Users have free access to the Services reserved for them directly on the Platform, without restriction, subject to the reservations below, without the need to open a personal account on the said Platform. Users access the Services anonymously, unless they are also Publishers. In this case, they may also log into their Account to access the Services reserved for Users.

Any Publisher wishing to publish content on the Platform to make it available to Users must open an account with the Company on the Platform in accordance with the procedure described below in order to benefit from the Services (hereinafter the « Account »).

Therefore, to access the Services dedicated to them, Publishers must :

• fill in an initial registration form with all the required information, in particular their first and last names, profession and email address ;
• upload all the supporting documents requested by the Company to enable it to verify their status as a healthcare professional ;
• choose a password. Once their Account has been validated, Publishers can change their password at any time, in the « Password » tab of their Account. It is recommended that you change your password regularly. The Publisher acknowledges and accepts that the email address provided on the registration form constitutes his/her connection identifier ;
• tick the « I have read and accept the general terms and conditions of use of the services » box on the registration page.
• tick the « I accept the collection of my data » box on the registration page.

The Company will send the Publisher an e-mail containing an Internet link for activating the Publisher's Account, which the Publisher must click on to confirm the creation of the Account. If they fail to do so, they acknowledge and accept that they will not be able to access the Services.

The Advertiser acknowledges and accepts that final validation of his Account is subject to receipt of all the supporting documents requested and verification by the Company that the Advertiser is a healthcare professional and that the documents sent are true. In particular, the Company reserves the right, at its own discretion, to request any additional documents before validating the opening of the Account.

Within a few days, the Company will send the Publisher an email confirming whether or not their Account has been validated and activated. The Publisher acknowledges and accepts that the Company reserves the right to refuse to open an Account for any reason, and in particular if there is any doubt as to the validity of the documents sent.

The Company reserves the right, at any time after the Account has been opened, to carry out any verification process it deems useful, particularly with regard to the Publisher's e-mail address, identity and contact details.

All Publishers warrant to the Company that the information provided on the registration form is accurate and not misleading. In particular, the Advertiser undertakes to provide a valid e-mail address and supporting documents that are not falsified. The Publisher undertakes to inform the Company without delay of any change in the said information at the contact address indicated in the « Platform Operator » article herein.

The Publisher acknowledges and accepts that the information entered for the purposes of creating or updating his/her Account is proof of his/her identity.

6. Strictly personal use

Only one Account may be created per Publisher. The user of the Services is deemed to be the person whose personal information corresponds to that provided on the registration form, to the exclusion of any other third party.

The Publisher therefore undertakes to use the Services personally, and not to allow any third party to use them in its place or on its own behalf, including another User of the Services, unless it bears full responsibility. Where the Account is opened on behalf of a legal entity, it may only be operated by the person whose personal details correspond to those provided when registering for the Services and/or by any person expressly authorised by the Advertiser on the basis of their login details, which the User expressly acknowledges and accepts.

Publishers are also responsible for maintaining the confidentiality of their login and password and expressly acknowledge that any use of the Services from their Account will be deemed to have been made by them.

In the event that the Publisher notices that its Account is being or has been used without its knowledge, it undertakes to notify the Company as soon as possible, at the address indicated in the « Platform Operator » article.

7. Non-commercial use

The User undertakes not to monetise, sell, grant, exchange or, more generally, negotiate all or part of the access to the Services, whatever they may be, to the Platform servers, as well as to the information and/or texts, images and other content used by the Company and/or any other User on the Platform as part of the use of the Services.

8. Duration

These General Terms and Conditions apply throughout the period of use of the Services by the User.

9. Description of Services

The User has access to the following Services in the form and using the technical means that the Company deems most appropriate.

9.1. Access to a library of medical knowledge

The Company provides Users with a library of medical knowledge freely accessible on the Platform (hereinafter the « Library »). The Library consists of scientific content on any topic in the medical sector, without limitation of any kind, in any form whatsoever (text file in .pdf or .txt or .word or .ppt format in particular, video, photograph, animation, hypertext link, etc.) and regardless of the date of first publication of said content (hereinafter the « Content »).

Content is classified by theme, author, year and/or any other classification criterion that the Company deems relevant, at its discretion. Users can search for Content directly by keyword or by classification criterion using the search engine provided on the Platform. They access the selected Content by clicking on the name of the Content.

The User has access to all of the Content made available in the Bookshop, subject to prior validation by a moderator under the conditions detailed below. Nevertheless, the User acknowledges and accepts that the Publisher is free to restrict access to its Content to certain categories of User and to make such access subject to the User's declaration of status.

The User may view the Content directly on the Platform. They may not download said Content or extract it from the Platform in any way.

The User acknowledges that he/she has been informed that the Content is made available on the Platform by the Publishers, freely, under the conditions detailed below. The User acknowledges that the Company does not control the scientific quality of the Content, nor its medical relevance and/or suitability for the User's needs. The Company's role is limited to making the said Content technically available in the Bookshop.

The User further acknowledges and accepts that the Content is made available for the purposes of general information and increasing knowledge and is not a substitute for medical consultation by a health professional. Finally, the User acknowledges that the Content presents the author's own opinion or doctrine and is in no way binding on the Company. The User acknowledges that it is up to him/her to interpret and/or use the information set out in the said Content in any way he/she sees fit, without the Company being held liable.

The User acknowledges and accepts that the Bookshop is not intended to present all existing sources in the medical field and cannot be exhaustive. In particular, the Company does not guarantee that the User will find Content corresponding to his/her needs and/or expectations.

9.2. Publication of Content on the Platform

Only Publishers who have validly opened an Account on the Platform may publish Content in the Bookshop. A User who does not qualify as a Publisher may not publish on the Platform.

9.2.1. Nature of the Content published on the Platform

The Publisher acknowledges and accepts that it may publish any type of Content, provided that it deals with a theme related to the medical sector, whether it is Content of its own making or Third Party Content.

He undertakes to publish only Content for which he validly holds the rights of reproduction and representation by publication for the purposes hereof. It acknowledges that the Content is published under its sole responsibility. In this respect, it also undertakes to publish in the Bookshop only Content in which the practices, data, information, processes or any other elements displayed comply with the recommendations of learned societies in the relevant field of the theme covered by the said Content.

The Publisher acknowledges that only Content saved in one of the formats compatible with the Platform, as indicated in the Platform's technical documentation, may be published in the Bookshop. It is the responsibility of the Publisher to take all necessary steps to ensure that the Content is in the correct format for publication, without compromising the integrity or original quality of the Content.

The Publisher acknowledges that the publication of Content is subject to a prior validation procedure as detailed below.

9.2.2. Creation of working groups

Publishers are grouped into working groups on a specific topic in the medical sector (hereinafter the « Working Group »). Any Publisher may decide to create a Working Group by using the « create a Working Group » function in its Account, detailing the research topics that will be the subject of the said Working Group. The creation of a Working Group is subject to prior validation by the Company and/or any third party appointed by the Company to carry it out. The Company assesses the relevance of the purpose of the Working Group and the professional legitimacy of the Publisher requesting the creation of the Working Group. It remains free to approve or reject the creation of the said Working Group.

If the creation request is validated, the Publisher at the origin of the request is notified of the creation of the Working Group by any means deemed useful. The Company provides a dedicated space in the Bookshop for the publication of Content related to the purpose of the Working Group, in which all the Content published by the members of the Working Group is grouped together and listed.

The Publisher who creates a Workgroup is appointed Workgroup Administrator (hereinafter « Administrator »). The Administrator may appoint one or more other Administrators at his or her discretion.

The Working Group is organised around three categories of members, with varying degrees of authority. The categories are :

• The Administrators, who have the broadest powers and are responsible for :
  • Define the topics for discussion, the types of Content and the type of Content that can be published within the framework of the Working Group;
  • Accepting the registration of a Publisher on the Working Group and/or de-registering a Publisher from a Working Group;
  • Designate the members of the Working Group who will assume the role of moderator of the Content submitted for publication in the Working Group (hereinafter the « Moderator »).

• The Moderators, who have the following powers:
  • Validate Content before publication in the Bookshop. It is expressly understood that the validation of Content is limited to formal technical moderation involving verification that said Content falls within the themes dealt with by the Working Group, correction of the title of the Content, key words, and corrections of form. The Moderator does not check that the Publisher has obtained the rights to publish the said Content, or that the Content is scientifically accurate.
  • Report behaviour deemed inappropriate by a Publisher and delete Content.

• Accepted Publishers, who may only submit Content for publication.

9.2.3. Procédure de publication d’un Contenu

The Publisher acknowledges that it must belong to a Working Group or create a Working Group in order to publish Content in the Bookshop and make it accessible to Users. A Publisher who does not belong to a Working Group may only publish Content in the Bookshop with the mention « unmoderated publication ». The Content will not be attached to any Working Group and will be available only to other Publishers in the Bookshop, to the exclusion of all nonPublisher Users.

The Publisher acknowledges and accepts that its membership of a Working Group is validated by one of the Administrators of the said Working Group, at its free choice, with regard to its objective professional qualities (title, speciality, certificate).

Once a member of a Working Group, the Publisher acknowledges and accepts that it may only propose Content for publication that is related to the purpose of the Working Group. The Publisher must join as many Working Groups as necessary, depending on the themes it wishes to address through the Content it wishes to publish.

The Content is submitted to the Moderators of the Working Group prior to its publication in the Bookshop. The Publisher acknowledges and accepts that the Moderator remains free to refuse publication of the Content for any reason related to its task of technical moderation of the Content. In such a case, the Publisher may publish its Content with the mention « unmoderated publication » or propose publication in another Workgroup. The Publisher agrees to make any changes requested by the Moderator for publication purposes.

The Publisher acknowledges and accepts that Content that has been approved for publication will be published in the Bookshop for the duration set out in the Content use licence below. However, the Publisher acknowledges and accepts that Content may be removed from the Bookshop at any time by a Working Group Mediator.

9.3. Technical assistance

The Company offers all Users technical support accessible by email at the following address: supp.cromagnon@gmail.com.

9.4. Other Services

The Company reserves the right to offer any other Service, in a form and according to the functionalities and technical means it deems most appropriate for providing said Services.

In particular, the Company reserves the right to offer the User any other paying service, at its own discretion.

10. Financial terms and conditions

The Services are provided to all Users free of charge.

11. Hosting

The Company undertakes to ensure, under the terms of an obligation of means, the hosting of Accounts and Content in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting service provider operating in accordance with the practices of the profession and the state of the art.

In this context, the Company undertakes to provide the User with sufficient storage and processing capacity as part of the Services, in accordance with industry practice and the state of the art.

The Company undertakes to implement all the technical means, in line with the state of the art, necessary to ensure security and access to the Services, covering the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, and the implementation of detection, prevention and recovery measures to protect servers from malicious acts.

The Company also undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to protect the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.

12. Service level guarantee

The Company undertakes to ensure the permanence, continuity and quality of access to the Services for as long as the Account is open.

In this respect, the Company will use its best efforts to maintain access to the Platform 24 hours a day, 7 days a week and to guarantee 97% availability of the Services, except in cases of force majeure.

In addition, given the complexity of the Internet, the uneven capacity of the various sub-networks, the influx at certain times and the various bottlenecks over which the Company has no control, the Company's liability will be limited to the operation of its servers, the outer limits of which are constituted by the connection points.

The Company cannot be held responsible for (i) access speeds to its servers, (ii) slowdowns external to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks.

If necessary, the Company reserves the right to limit or suspend access to the Platform in order to carry out any maintenance and/or improvement operations. In this event, the Company undertakes to inform the User in advance by any useful means of these maintenance and/or improvement operations. In this event, the Company undertakes to inform the User at least 24 hours in advance, by any useful means and in particular by a general information message on the Platform's home page, of these maintenance operations. The Company will do its utmost to ensure that said maintenance operations do not exceed 8 hours and are carried out outside working hours, i.e. Monday to Friday from 8am to 7pm, Paris time, France.

As part of these maintenance and/or development operations, the Company undertakes to make its best efforts to back up the content stored on Users' Accounts.

The User acknowledges and accepts that this service level guarantee does not cover any breakdown or interruption of the Services caused by telecoms operators or Internet and mobile web access providers.

In any event, it is expressly agreed between the Parties that the breach of any of the undertakings set out in this Article may under no circumstances be sanctioned by the termination of the General Terms and Conditions and its liability will be limited under the conditions set out below in the Article « Liability ».

13. Intellectual property rights

13.1. Intellectual property principles

The systems, software, platforms, APIs, software components, structures, infrastructures, databases, in particular the Library, data, codes, algorithms and content of any kind (text, images, logos, brands, data, etc.) published and used by the Company as part of the Services are the full and entire property of the Company, whether or not they are protected by an intellectual property right.

Similarly, Content published by a Publisher and made available to Users in the Bookshop remains the full property of its author. Any claim relating to Content published by a Publisher shall be addressed exclusively to the Publisher.

These Terms and Conditions do not confer on Users any ownership rights of any kind whatsoever, in particular intellectual or industrial property rights, over the Platform, the Bookshop, the Services and/or the Content.

All Users are granted a simple licence to use the Platform and the Bookshop, as well as the Content, under the conditions set out below.

The User undertakes not to commit any act that might affect the Company's property rights, in particular intellectual property rights, in the Platform, the Bookshop and the Services, or the property rights, in particular intellectual property rights, of a Publisher or the author of Content in the Content, in whole or in part, whether by reproduction, representation, adaptation, modification or transformation. Any use and/or access not authorised by the Company and/or by a Publisher under these terms and conditions and/or not complying with the provisions of the French Intellectual Property Code is unlawful and will give rise to legal proceedings, in particular on the grounds of infringement in accordance with the provisions of article L.335-3 of the French Intellectual Property Code. In particular, any disassembly, decompilation, decryption, extraction, re-use or copying of the elements referred to herein is strictly prohibited.

13.2. Library user licence

The Company grants the User, for the entire duration of these General Terms and Conditions and for the entire world, the non-exclusive, personal and non-transferable right to use the Platform, the Bookshop and the Services, in their version existing on the day these General Terms and Conditions are signed, as well as any future versions, as well as their technical documentation, for the sole purpose of the Services, under the conditions set out herein.

In particular, the Company authorises the User to consult the Content directly on the Platform, without the User being able to extract, by permanent or temporary transfer, and/or re-use said Content by any other means, for any reason whatsoever.

The User expressly undertakes not to make any other use of the Platform, the Bookshop, the Content and the Services, and in particular undertakes not to reproduce, arrange, adapt the Platform, the Bookshop, the Content and/or the Services, make them available to third parties, create any derivative work of all or part of the Platform and/or the Bookshop and/or its Services, market them or offer them for hire, subject to the proviso below.

13.3. Licence to use the Content

The Publisher grants the Company, for the entire duration of copyright protection and for the entire world, free of charge, the non-exclusive, personal and non-transferable right to use the Content, for the sole purpose of insertion and publication in the Bookseller and the provision of the Services, and in particular making it available to Users on the Platform. The Company undertakes not to create any derivative work from all or part of the Content, to market it or to offer it for hire.

The Publisher expressly grants the Company the right to grant user licenses for the Content it has published on the Platform, for the entire duration that said Content is made available on the Platform, for the entire world, to Users of the Platform, for the sole purpose of viewing on the Platform.

In this respect, the User acknowledges that the Company grants him/her a simple right to view the Content, for the duration of its availability, exclusively on the Platform, to the exclusion of any other use.

14. Warranty of eviction

The Company guarantees the User full and peaceful enjoyment of the rights granted under the licence for the Services against any disorder, action, claim or eviction whatsoever. In particular, it guarantees the User (i) that it has all the rights and authorisations necessary to grant the licence provided for herein and that the Company's Services do not contain anything that may fall under the laws and regulations relating in particular to counterfeiting, unfair competition, privacy, image rights, personality rights and more generally contravene the rights of third parties and, (ii) that it has not granted and will not grant to a third party any assignment or licence to use the Services that is likely to prevent or hinder the exercise of the rights held by the Client under licence in respect of the said Services.

The Company guarantees the User against any complaints, claims and/or demands whatsoever on the part of a third party that the User may suffer as a result of the Company's breach of the above guarantees. It undertakes to compensate the User for any prejudice he may suffer and to pay him all the costs, compensation, charges and/or penalties that he may have to bear as a result.

In return, the User undertakes to notify the Company by registered letter with acknowledgement of receipt, as soon as possible after receipt, of any formal notice or summons or request received from a third party. The Parties nevertheless agree that, unless expressly waived, the Company will take control of the defence, as well as any negotiations with a view to a settlement.

The User acknowledges and accepts that this warranty does not apply where the third party's claim arises, even partially, from any use of the Services that does not comply with the provisions of the licence as set out herein.

In the same terms, the Publisher guarantees the Company and the Moderators and Administrators of the various Working Groups of which it is a member that it has all the rights and authorisations of any nature whatsoever necessary to publish the Content in the Bookshop and to give Users access to it for the entire duration of copyright protection. The Publisher guarantees the Company and the Moderators and Administrators of the various Working Groups of which it is a member that the Content does not contain anything that could fall under the laws and regulations relating in particular to counterfeiting, unfair competition, privacy, image rights, personality rights and more generally contravene the rights of third parties.

The Company and the Moderators and Administrators of the various Working Groups of which it is a member may under no circumstances be held liable for the consequences of any breach of this clause.

The Publisher indemnifies the Company and the Moderators and Administrators of the various Workgroups of which it is a member against any complaints, claims and/or demands whatsoever on the part of a third party that the Company and/or the Moderators and/or Administrators of the various Workgroups of which it is a member may suffer as a result of the Publisher's breach of the above guarantees. The Publisher undertakes to compensate the Company and/or the Moderators and/or Administrators of the various Working Groups of which it is a member for any prejudice they may suffer and to pay them all costs, compensation, charges and/or penalties they may have to bear as a result.

15. Obligations of the User

Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations.

(i) The User undertakes, when using the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. In particular, the User undertakes not to use the Services:

• For any activity that is illegal, fraudulent or infringes the rights or security of third parties, including the development of any application that infringes the rights of a third party or any other applicable law or regulation.
• to transmit to the Company information or content that cannot be communicated or processed by the Company due to laws on the protection of personal data, business secrecy or contractual or legal obligations of confidentiality, export restrictions or other legal provisions or rights of third parties;
• to produce and/or distribute Content that is (i) defamatory, abusive, violent, racist, xenophobic or revisionist, (ii) infringing, (iii) damaging to the image of third parties, (iv) misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities, (v) content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc), and (vi) more generally, any content likely to infringe public order and/or the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.
  
  In this respect, the User undertakes to hold all the rights and authorisations required for the publication and/or re-use of the Content, and in particular all intellectual property rights. He/she undertakes to ensure that said Content is lawful and in no way likely to give rise to civil or criminal liability on the part of the Company.
• To assist or incite, in any form and in any manner whatsoever, one or more of the acts and activities described above.

(ii) The User undertakes to use the Services solely for the purposes set out herein and in compliance with the applicable laws, and in particular :

• Not to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Platform.
• Not to use the Services to develop Services and products similar to those developed by the Company.
• Also prohibited are:
• any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services,
• any intrusions or attempted intrusions into the Company's systems,
• any misappropriation of the Platform's system resources,
• any actions of such a nature as to impose a disproportionate burden on the infrastructures of the latter,
• any breach of security and authentication measures,
• any action likely to prejudice the financial, commercial or moral rights and interests of the Company, and more generally any breach of these General Terms and Conditions

(iii) The User acknowledges that he is solely responsible for his use of the Services. In particular, the User is solely responsible for the proper completion of all administrative, tax and/or social formalities and for all payments of contributions, taxes or duties of any kind that may be incumbent upon the User in connection with his/her use of the Services.

(iv) The User acknowledges that he/she is aware of the characteristics and constraints, particularly technical, of the Platform and all the Services.

(v) The User undertakes to provide the Company with all documents, elements, data and information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with the Company with a view to the proper performance hereof and to inform it of any difficulties arising in connection with such performance.

(vi) The User is informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

(vii) Finally, the User acknowledges that the Services offer an additional, alternative purchasing and selling solution and that this solution is not a substitute for other means that the User may have at his disposal to achieve the same objective.

16. Complaints

In the event of an act prejudicial to a User committed by another User as part of the Services, the User may send a complaint to the Company by post or by email to the contact details given in the « Platform Operator » article, after first seeking an amicable solution.

The complaint must include the date of notification, the identity of the complainant (surname, first name, profession, place of residence, nationality, date and place of birth), the identifier of the User causing the damage, a description of the facts in dispute accompanied, where applicable, by a link to the web page providing proof, and a copy of the correspondence sent to the perpetrator of the infringement seeking an amicable solution.

The Company will be free to take all appropriate measures, without any obligation on its part, and/or to forward this complaint to the competent authorities.

Users shall be personally responsible for any action they may bring before any court against another User for damage suffered as a result.

17. Confidentiality

Users shall be personally responsible for any action they may bring before any court against another User for damage suffered as a result.

18. Unsubscribe

18.1. Closing an account

Any User may unsubscribe from the Services at any time and terminate these General Terms and Conditions, without having to justify their decision, provided that they notify the Company by any means deemed useful and in particular by using the button provided for this purpose on their Account.

Unsubscription takes effect within a maximum of forty-eight (48) hours from the date of the request for unsubscription.

18.2. Termination for default

In the event of the User failing to fulfil any of his obligations under these General Terms and Conditions, which is not remedied within thirty (30) calendar days of receipt of formal notice to remedy the said failure, the Company may, ipso jure and without legal formalities, terminate these General Terms and Conditions and close his Account.

Termination hereof shall be without prejudice to any damages to which the Company may be entitled as a result of the User's breach and to any penalties that may be due to the User.

18.3. Consequences of the end of Services

The User acknowledges and accepts that the termination of the Services, for whatever reason, will result in the deactivation of the User's Account, which will then no longer be accessible to the User. The User is responsible for recovering the data stored in his/her Account on the medium and in the format of his/her choice, which he/she acknowledges and accepts.

Except in the event of termination for breach, the User may reactivate his/her Account by logging on with his/her password via the Platform, at any time for a period of three (3) years from the deactivation of his/her Account. After this period of three (3) years, the User's Account will be definitively closed, and the data collected by the Company at the time of registration, as well as the information stored in the Personal Space, will be destroyed, in accordance with the provisions of Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended.

The User expressly acknowledges that the Company may under no circumstances be held liable for any loss or alteration of the information stored in his/her Account, which occurs after his/her Account has been deactivated, regardless of the cause, and in particular as a result of maintenance and/or updating operations on the Platform.

Furthermore, the Publisher acknowledges and accepts that the closure of its Account, for whatever reason, will have no consequence on the authorisation to publish Content in the Bookshop granted to the Company, which will remain in force until the end of the copyright protection of the said Content.

19. Prohibited behaviour

It is strictly forbidden to use the Services for the following purposes:

• carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
• undermining public order or violating applicable laws and regulations,
• intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with or intercept all or part of a third party's computer system, or to violate its integrity or security,
• aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
• and, more generally, any practice that misuses the Services for purposes other than those for which they were designed.

All Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Platform, particularly the Content.

The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of the Platform's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of the Company, and more generally (vii) any breach of these General Terms and Conditions.

20. Penalties for breaches

In the event of a breach of any of the provisions of these General Terms and Conditions or, more generally, a breach of laws and regulations by the User, the Company reserves the right to :

• (i) temporarily or definitively suspend, without delay, access to the Services of the User who is the perpetrator of the breach or infringement, or who has participated in it, and in particular, in the event that incorrect, incomplete, misleading or out-of-date information is provided at the time of registration,
• (ii) remove any content relating to the breach or offence in question, in whole or in part,
• (iii) take all appropriate measures and take any legal action,
• (iv) if necessary, notify the competent authorities, cooperate with them and provide them with any information that may be useful in investigating and punishing illegal or illicit activities.

In the event that the User fails to fulfil an essential obligation arising from these General Terms and Conditions, or breaches them repeatedly, the Company reserves the right to terminate the User's access to all or part of the Services, with immediate effect, by e-mail. Termination will take effect automatically on the date of dispatch by the Company of the written notice sent to the User in application of this clause. It will automatically and without prior notice result in the deletion of the User's Account, without prejudice to any other consequences that may arise in application of these General Terms and Conditions.

21. Exclusion of liability and guarantee by the Company

The Company undertakes to provide the Services diligently and in accordance with the state of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.

The User acknowledges that the Company's involvement is limited to the provision of Services, understood as the provision to Users of tools and technical means enabling them to publish and access Content via the Platform. The Company has no knowledge of the Content published in the Bookshop in the context hereof, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it acts only as a hosting provider for the time necessary for the performance of the Services. Consequently, the Company cannot be held responsible for said Content.

Accordingly, the User acknowledges that the Company is not liable to the User for any guarantee as to the number and diversity of Contents made available in the Bookshop. Furthermore, the Company provides no guarantee that the Content complies with the laws and regulations in force or with the recommendations of learned societies. The Company therefore accepts no liability for the quality of the Content.

The Publisher acknowledges and accepts that it publishes the Content under its sole responsibility and under the guarantees provided herein. The User undertakes to act directly and exclusively against the Publisher for any claim relating to Content.

Furthermore, the Company does not guarantee the User that :

• The Services, which are subject to constant research to improve their performance and progress, will be totally free of defects, errors or faults;
• As the Services are standard and are not offered solely for the User's personal use, they will specifically meet the User's needs and expectations.

Subject to these reservations, the Company may be held liable under the conditions of common law solely for direct damage suffered by the User, resulting from a breach of its contractual obligations as defined herein.

In no event will the Company be liable to the User for payment of any damages whatsoever, whether direct or indirect, material, financial or moral, as a result of the User's use of the Services and the Platform.

22. Personal data

The Company has a personal data protection policy, the characteristics of which are set out in the document entitled « Privacy policy », which can be accessed on the Platform's home page and which the User is expressly invited to read.

In particular, the Company declares that it complies with all the legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular in order to guarantee the security and confidentiality of the data collected and processed.

The Company is in no way responsible for any processing of personal data carried out by a User in respect of the said User's activities, carried out via the Platform and to which the Company is totally unrelated. It is the responsibility of all Users, where applicable, to comply with all the regulatory obligations incumbent upon them in this respect.

23. Commercial references

The Company is the sole owner of its names, trademarks, logos, signs and designs.

All Users undertake to respect the Company's intellectual property rights over its distinctive signs and, in particular, to refrain from creating any analogy and/or confusion in the mind of the public for any purpose whatsoever and by any means whatsoever; in particular, Users undertake not to :

• use the name of the Company and/or the Platform in its name or in any other commercial name or company name without limitation;
• register or cause to be registered, during the term and after the end of the contractual relationship between the Parties, any trademark, name, logo, sign or design used by the Company.

These Terms and Conditions therefore do not imply any transfer of intellectual property rights held by the Company on its distinctive signs to the User, which the User expressly acknowledges under the terms of these Terms and Conditions.

24. Links and third party sites

Under no circumstances may the Company be held responsible for the technical availability of websites operated by third parties (including any partners) which the User may access via the Platform.

The Company accepts no responsibility for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use.

Nor is the Company liable for any transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the Platform, and the Company shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which such third parties are bound.

25. Independence between the Parties

The Parties hereto are legally independent of each other. of each other. Each Party acts in its own name and on its own behalf. Neither the Company, the Publishers, the Administrators and/or the Moderators shall not be entitled to claim, in any way whatsoever, the status of agent, representative or the capacity of agent, representative or employee of the other, nor bind him or her third parties, beyond the Services provided for in the provisions hereof. hereof. Under the terms hereof, no particular legal structure is between the Company and/or the Publisher and/or the Administrator and/or the Moderator. and/or the Moderator, each retaining full autonomy and responsibility.

Each Party remains responsible for its acts, allegations, commitments, services, personal products and data. Neither Party may hold the other Party liable in any way whatsoever for its acts, allegations, undertakings, services, personal products or data.

26. Waiver

The fact that one of the Parties has not exercised any right or power in application of the provisions of these General Terms and Conditions, or has exercised it late, may not be interpreted as a waiver of the right to exercise all or part of that right or power, and any single or partial exercise of any right or power may not prevent a new exercise of that right or power.

27. Force majeure

Neither of the Parties may be held liable vis-à-vis the other Parties in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of an event of force majeure. In particular, cases of force majeure are those usually recognised by French courts and jurisprudence.

The occurrence of an event of force majeure will initially suspend performance of the Services for a period of no more than three (3) months. In the event that the case of force majeure continues beyond the aforementioned period, the Parties may terminate these General Terms and Conditions, ipso jure, without legal formalities, without notice and without entitlement to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.

28. Nullity

If any of the provisions of these General Terms and Conditions were to be declared null and void or inapplicable by reason of a law, regulation or following a final decision handed down by a competent court, only that provision would be rendered null and void, and the other provisions would retain all their force and scope.

29. Modification of the General Terms and Conditions

The Company reserves the right to modify these General Terms and Conditions at any time. In particular, the Company reserves the right to modify and/or stop offering all or part of the Services at any time at its own discretion.

The User will be informed of these modifications by any useful means, no later than [to be completed] days before the date on which they come into force. The modified General Terms and Conditions will apply immediately on the date they come into force.

Any User who does not accept the amended General Terms and Conditions must unsubscribe from the Services before the amended General Terms and Conditions come into force. Any User who uses the Services after the entry into force of the modified General Terms and Conditions is deemed to have accepted these modifications, which will be fully applicable to him/her.

30. Applicable law and jurisdiction

These General Terms and Conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or performance of these General Terms and Conditions, the Parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory rules state otherwise.

It is specified that the User, when using the Services for personal purposes that do not fall within the scope of his professional activity, may bring the matter either before one of the territorially competent courts under the Code of Civil Procedure, or before the court for the place where he resided when he opened his account on the Platform or when the harmful event occurred, in accordance with the provisions of article R.631-3 of the Consumer Code.

31. Entry into force

These General Terms and Conditions came into force on 07/05/2023.

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