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The website located at www.Echangeimmo.com
(the "Site") offers an interactive online service, and content provided by the Online Service Provider and its affiliates,
and third parties. "User" (“you”, “your”) means each person accessing the Online Service Provider's website.
Your access to and use of the Site is conditional upon your acceptance of these terms and conditions
(which govern your use of the Site), the Online Service Provider’s privacy policy ("Privacy Policy")
and any other terms and conditions contained on the Site ("collectively referred to as the "Agreement").
Your use of the Site constitutes your acceptance of the Agreement.
We reserve the right to change, modify or otherwise alter these terms and conditions at any time.
Such modifications shall become effective immediately upon the posting thereof.
You must review this agreement on a regular basis to keep yourself apprised of any changes.
Any use of the Online Services by you after such posting shall be deemed to constitute acceptance by you of such changes,
modifications, additions or deletions. Should you object to any modification or alteration of these terms you agree
that your only recourse is to discontinue use of the Site and the services provided hereon.
If we modify or otherwise alter the Privacy Policy, we will post notice of a privacy policy update on the
Site Home page so that you may view the updated policy and be aware on an ongoing basis of what information we collect,
how we use such information and under what circumstances, if any, we disclose it.
In proceeding you warrant that you believe the Agreement to be reasonable in its entirety.
Please report any violations of the terms of this Agreement by contacting us.
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1. Ordering and Acceptance Procedure
2. Password and User ID
3. Indemnity
4. Applicable Laws
5. Liquidated Damages
6. Intellectual property in the Site
7. Access and Use of Website
8. Security & Privacy
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| 1. Ordering and Acceptance Procedure |
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Online Service Provider provides a noncommercial individual property vacation exchange service and information
relating thereto (the “Services”). To order Services complete the registration process on the Site and proceed as
indicated on the site. We reserve the right to refuse to accept an order in whole or in part.
We will send you email confirmation of acceptance of an order. We will not be obliged to commence any Services until
we have sent such confirmation and have received payment for such Services. Payment terms are set out on the Site.
Upon our acceptance of your order you will become a member (“Member”).
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| 2. Password and User ID |
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Our Service requires Members to provide us with login identification and a password, which will be used to verify a
Member’s identity and for our internal use in maintaining a Member’s customer account. It is in Members’ best interests
not to disclose their password to any other person and Member is responsible for keeping his/her password confidential.
As a Member you agree that we may assume the authenticity of and may act upon any instructions given by any person who
uses your password or User ID. You are solely responsible for all transactions conducted using your password or User ID
including all transactions a third party conducts using your password or User ID, irrespective of whether you have
disclosed your password or User ID to that third party either intentionally or through carelessness.
You agree to notify the Online Service Provider immediately you become aware that your password or User ID has been
compromised or that there has been unauthorised use of your password or User ID.
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| 3. Indemnity |
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You agree to defend, indemnify, and hold harmless Echangeimmo.com, employees, attorneys, and agents ("Indemnitees")
against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the
Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from
content you supply.
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| 4. Applicable Laws |
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All matters relating to your access to and use of the Site shall be governed by French law without regard to its
conflict of law principles. If there is a determination that any provision of these Terms of Use is invalid or
unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed
amended to the minimum extent necessary to make them valid and enforceable.
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| 5. Liquidated Damages |
You understand and agree that because damages are often difficult to quantify, if it becomes necessary for us to pursue
legal action to enforce these terms you will be liable to pay us the following amounts as liquidated damages, which
you accept as reasonable estimates of our damages for the specified breaches of these terms:
- If you post our listing information on another web site or in any other media for any purposes, you agree to
pay us $295 per listing.
- If you contact Members for any other purpose other than to arrange a personal property exchange or rental through
the Online Service Provider you agree to pay us $295 50 for each time contact is made.
- If you post messages in violation of these terms you agree to pay us $295 for each such message.
- If you aggregate, display, copy, duplicate, reproduce or otherwise utilize any of the material on this Site
(except as described in (i) above and except for your own content) you agree to pay us $1475 for each day in which
you engage in such conduct.
Otherwise you agree to pay our actual damages to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these terms, we retain the right to seek the remedy of specific performance
of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term.
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| 6. Intellectual property in the Site |
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Copyright in the Site (including, without limitation, text, graphics, logos, icons, photos, and software) is owned
or licensed by the Online Service Provider. The entire contents of the Site are copyrighted as a collective work
and the Online Service Provider owns all copyright and database rights in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to it. Copyright and database rights in the Site
is protected by all applicable national and international copyright and database laws and treaties.
You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the
Site except as permitted by statute or with the Online Service Provider’s express prior written consent.
You agree not to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Site. You must not display any portion of the Site in a frame without our prior written consent.
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| 7. Access and Use of Website |
The Site may only be used for noncommercial individual property exchange purposes and for accessing information relevant
to such property exchange. You agree not to contact Members for any other purpose than to arrange a personal property
exchange. Anyone who contacts Members for any other purpose than to arrange a personal property exchange will,
without prejudice to any other rights we may have whether under this Agreement or at law and as to damages or otherwise,
be immediately barred from the Site.
We hereby grant you a limited, revocable, nonexclusive licence to access the Services for your own personal use.
This licence does not include any collection, aggregation, copying duplication, display or derivative use of the
Services nor any use of data mining, robots, spiders or similar data gathering and extraction tools for any purpose
unless expressly permitted by us. A limited exception is provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks
to the Services provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent
and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search
engine or other service which specializes in classified listing or in any subset of classifieds listings such as jobs,
housing, for sale, services or personals, or which is in the business of providing classified ad listing services.
By joining the Online Service Provider Site, you, as a Member, agree that any property exchange transaction you arrange
is between you and the other party. You agree that neither the Online Service Provider nor any of its affiliates bear
any responsibility for the arrangement and it is completely incumbent upon you to find the right partner.
We do not verify any persons who register and use the Services. We do not investigate Member’s reputation, conduct,
morality, criminal background or verify the information the Member may submit to the Site.
Information appearing on the Site is for general information only and is subject to change.
We make all reasonable endeavours to provide you with accurate and up-to-date information but we cannot and do
not warrant that information contained on the Site is complete, accurate, or up-to-date.
While we use all reasonable endeavours to ensure that the material we post on the Site does not infringe the
intellectual property rights of any third party because of the international nature of this Site and the international
nature of intellectual property rights we are unable to warrant that your use of the material on this Site will not
infringe the intellectual property rights of a third party. We can only state that, to the best of our knowledge and
belief, your use of the intellectual property rights on this Site will not infringe the intellectual property rights
of any third party.
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which
violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, may disparage any ethnic, racial, sexual or religious group by stereotypical
depiction or otherwise, is vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct
that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without
our express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a Member that in our discretion restricts or inhibits any other Member from using or enjoying the Site may,
without prejudice to any other rights we may have whether under this Agreement or at law as to damages or otherwise,
result in revocation of membership.
You must be at least eighteen years old to register to use our property exchange services and become a Member.
By registering to use these services you warrant and represent that you are over eighteen years of age.
This Website is copyright © Echangeimmo.2007.
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| 8. Security & Privacy |
Echangeimmo.com has created this privacy policy in order to communicate our commitment to the privacy of information
which has been provided by our Members. We understand the nature of the information entrusted to us and acknowledge
that maintenance of the privacy of such information is of the highest importance to our Members.
We will only use the information we collect for the purposes of enhancing your online experience.
At no time will we sell, trade, or rent your personal information to third parties.
The Site is a password protected person-to-person community. Our Members have listed their property details for
the purpose of pursuing property vacation/holiday exchange. The information provided by Members is used by the system
to generate appropriate "matches" based upon the Member requested services. We also use the information that you provide
for the purposes of responding to your requests, customising your future use of the Site, improving the Site and
otherwise communicating with you.
Personal information (i.e. address, phone numbers and email addresses) supplied to Online Service Provider by a Member
is never shared by Online Service Provider with other Members. However, members first and last name will be displayed
to other members when messages are exchanged or feedback provided. It is at the sole discretion of the Member when and
to whom he/she will provide other personal information.
We may wish to send you e-mail updates from us or our partners, including newsletters, special offers we think you
will find valuable, important changes to the functionality of the Web site, and new online services.
These e-mail updates and offers may be sent or personalized based on information you provided in joining, in surveys,
or requests for newsletters. You may, at any time, decline to receive these e-mail notifications by replying
to any e-mail with 'REMOVE' in the subject line.
You understand and agree that technical processing of your information is and may be required (a) to send and receive
messages in your use of the Service; (b) to conform to the technical requirements of connecting networks; (c) to
conform to the limitations of our Service; and (d) to conform to other, similar technical requirements.
We will not use or disclose sensitive personal information, such as race, religion or political affiliations,
without explicit consent.
Except as stated above, we will not use or disclose any personally identifiable Members’ information, other than to
the extent reasonably necessary: (i) to correct technical problems and to technically process your information; (ii)
to protect the security and integrity of the Site and our Service; (iii) to protect our rights and property and the
rights and property of others; (iv) to take precautions against liability; (v) to respond to claims that your
information violates the rights or interests of third parties; (vi) to the extent required by law or to respond to
judicial process; or (vii) to the extent permitted under other provisions of law, to provide information to law
enforcement agencies or for an investigation on a matter related to public safety.
If you give fax, phone or email details to us you authorise us to contact you by any of those methods.
Please let us know if you decide that you no longer wish us to communicate with you by any particular method or if
the details we hold on you change.
By visiting our Site and providing us with data you acknowledge and agree that due to the international dimension of
the Site and the Services, the data we use and collect in the course of our relationship with you for the purposes
identified in this Policy and the Agreement, may be transmitted outside your resident jurisdiction and in particular
may be transmitted outside the EEA. You consent to that transfer outside the EEA and outside your resident jurisdiction.
The data protection laws outside the EEA may not be as comprehensive as in the EEA but we will at all times adhere to
the data protection principles outlined in the Data Protection Act 1998.
Additionally you acknowledge that we may sell or buy other assets or someone else may take over the running of the
Site and the Services. You acknowledge further that the legal status of LetsExchange.net or its owners may change.
In these types of transaction, customer information generally is one of the assets transferred.
You acknowledge that your data could be transferred as part of that process and you consent to such transfer.
We will store member information during the term of the membership Agreement and up to 1 (one) year after termination
of such Agreement, after which, all member information is automatically deleted from our Site and our
Services.
Echangeimmo.com encourages you to review the privacy statement of websites you choose to link to from the Site so
that you can understand how those websites collect, use and share your information. Any site that you can access
through this Site is not covered by this Privacy Policy and we accept no responsibility
or liability for these sites.
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