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Terms of Service

Terms of Service

These Terms of Service are aimed at governing access and use of the aFabulousTrip Website (hereinafter “aFabulousTrip” or the “Website”), including all data, texts, pictures, videos, messages, news, links, graphs or documents appearing on the Website (hereinafter referred to as the “Content(s)”).

Your access to the Website and how you use it is subject to acceptance and compliance with the Terms of Service herein, whether you are a simple user or you created an account (hereinafter referred to as an “Account”) and therefore are a user registered on the Website (hereinafter referred to as a “Member”).

The Company – Legal notice

The aFabulousTrip Website is operated by:

The NATEVIA Company
15 Route du Rhin
67100 STRASBOURG
FRANCE

SARL (Limited Liability Company incorporated under French law) with share capital of EUR 20.000
Listed in the Strasbourg trade register under number RCS 504 587 478
Intra-Community TVA number: FR40504587478

Legal representative: Emmanuel SIMLER

Host : The NATEVIA Company, 15 Route du Rhin, 67100 STRASBOURG, FRANCE

General presentation

The aFabulousTrip Website is a technical platform hosting its Members’ Contents, as well as a travel search engine that makes access to external contents easier.

aFabulousTrip is neither the editor nor the publisher of these contents. As such, the NATEVIA Company is a technical contractor of the Internet under Community Directive 2000/31/EC of June 8, 2000 on electronic commerce.

Search engine

aFabulousTrip is a travel search engine, automatically generated by a computer program. aFabulousTrip analyses the most shared contents on the social networks and groups together the articles thematically and by travel destination. By clicking on a title, you will directly access to the third-party website that has published the matching article.

Articles are selected and classified by a computer program which is supported by various factors, such as the number of times articles have been shared on social networks, the topic of the articles and the travel destination.

Hosting

aFabulousTrip provides its Members with a Personal Space. Each Member is able to edit data, texts, pictures, videos, messages, news, links and other Contents into its Personal Space under its own responsibility. Each Member is solely responsible for the Contents and the use of his/ her Personal Space.

In case of non-compliance of a Member with these Terms of Service, NATEVIA reserves the right to delete the Personal Space concerned or to suspend the Member’s Account, at any time and with no compensation.

According to the French intellectual property Code, the on-line release by the Member of its Personal Space includes free of charge assignment to NATEVIA of non-exclusive rights of representation, reproduction, translation and adaptation rights attached to this Personal Space, for use on the websites published by NATEVIA and on NATEVIA’s partner websites, for the legal duration of the protection of intellectual property rights and worldwide.

Members’ registration

In order to benefit from the Personal Space creation and hosting service, the user shall create an Account on the Website in order to become a Member.

Each Account will be granted a password enabling the Member who owns the Account to access to his/her Personal Space services. The Member can change his/her Account’s login and password at will and guarantee their confidentiality.

Liability and warranty

NATEVIA reserves the right to suspend or interrupt the Website service at any time, without being responsible for any warranty or liability and/or damages whatsoever.

Moreover, the user declares being informed of the Internet network features and especially of the fact that:

– data transmission on the Internet only benefits from relative reliability because of networks’ heterogeneity, with various features and capacities which have an impact on loading and accessibility times when saturated;

– Internet is an open network.

As a consequence NATEVIA cannot ensure the Member against the risks of intrusion, data, software and customer file hacking, even contamination by a computer virus.

NATEVIA may not be held liable for consequences and direct and indirect damages supported by the user in such events.

Member’s liability for the Contents appearing in his/her Personal Space

NATEVIA may not be held liable of the Contents appearing on the Member’s Personal Space.

The Member agrees and acknowledges being solely responsible for news, texts, pictures, data, files, programs and other Contents appearing on its Personal Space.

The Member undertakes not to put online Contents that:

– may adversely affect or be contrary to public order, morality or may offend minors’ sensibility ;

– by any means, may adversely affect right to a reputation, third party privacy right and right to an image;

– may adversely affect intellectual property rights of any individual;

– contains a computer program aimed at damaging or illegally intercepting any computer-based system, data or nominative information.

The Member guarantees and compensates NATEVIA for any damage suffered by NATEVIA and against each liability claim that would be initiated against it on the ground of a breach of any right of a third person. In this regard, the Member undertakes to pay directly or to reimburse NATEVIA for all sums it would be sentenced to pay by application of a court decision or in a settlement agreement.

Links to other websites

Some links on our Website will make you leave the aFabulousTrip Website.

Recipient websites are not under the control of aFabulousTrip and aFabulousTrip is not responsible for their content. aFabulousTrip provides the title, a thumbnail, the link and a short extract of the recipient website’s page.

As a rule, website publishers do not object to the websites setting links to their pages. However aFabulousTrip leaves to the publishers the possibility not to be referenced on its Website anymore.

Intellectual property

Trademark

aFabulousTrip is a trademark of NATEVIA.

Internet website

Design and development of the Internet website: NATEVIA.
The Website partly uses software under GNU/ GPL license.
NATEVIA company is the only holder of intellectual property rights on the aFabulousTrip Website’s structure, its layout, its components.

Website Pages

aFabulousTrip is not the owner of all articles, texts, pictures, videos, documents and other Contents available on the Website pages.

aFabulousTrip does not hold copyright of the Contents displayed on its Website.

aFabulousTrip includes a service of Personal Spaces hosting that are under the responsibility of the Members who created them. The Contents loaded on the Website by the Members, including pictures, texts, documents, videos remain the property of the Members.

aFabulousTrip also includes a search engine which makes the access to the referenced websites’ contents easier. As with any search engine, the referenced articles are accessible by a direct link and the internet user has to visit the website of their publishers to read them. However, we leave the publishers the possibility not to be referenced on our Website anymore. In order not to be referenced anymore on aFabulousTrip, please send a E-mail to

Applicable law

Relations between the NATEVIA Company and the users are governed by French law. Disputes fall within the jurisdiction of the courts of Strasbourg. All correspondence relating to the herein Terms of Service shall be written in French.

Changes

The hereby Terms of Service can be modified at anytime. Therefore it is users’ duty to read them regularly on the Website.

Nota: This is a convenience translation of the Terms of Service. However, the text in French shall prevail and is solely binding.