Terms and Conditions of Use
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which together with our privacy policy govern Expat-blog’s relationship with you in relation to this website.
The term ‘we’ or ‘the website’ refers to Expat-blog.com. The term ‘you’ or ‘the User’ or ‘users’ refers to the User or viewer of our website.
The French version of the Terms and Conditions of Use is the document that legally bounds users, members and the website. The English version of the Terms and Conditions of Use was written for a better understanding from your part and is not a legal document.
The website can modify the Terms and Conditions of Use anytime. The User is required to regularly check the Terms and Conditions of Use in case changes have been made to them, and agrees to be legally responsible for the Terms and Conditions of Use resulting from the subsequent updates and/or modifications. Upon disagreement of the following Terms and Conditions of Use, the User must not use the website.
The website offers to users a wide range of services related to life overseas and expatriation. The website gives access to tools and information that permits users and registered members to contact other registered members (the use).
To access the website, the User must access the Internet. The User of this website acknowledges having the skills and resources necessary to access and use this site. The User of this website acknowledges having verified that the configuration used contains no virus and is in perfect working condition. The User acknowledges having been informed that the website is available 24/24 and 7 day / 7 days, except in cases of force majeure, difficulties linked to the structure of telecommunications networks or technical difficulties, for which the website cannot be held responsible.
The website has the discretionary right to modify, suspend or interrupt the website services without notice, change the content of the website, the operating, the access or any other feature. The website has the discretionary right to limit, suspend or close access to portions of the website anytime, for any reason without notice or liability.
You certify that you are of legal age to use the website, and that you could legally be bound by your obligations if your liability is engaged resulting of your use of the website. You agree to be held responsible of your personal use of the website (and of your member’s name, your password(s), including, without limitation, the use of the website by children under 18 living with you). You agree to supervise any use of the website (in your name or through your account) by children under 18.
You acknowledge that the website contains or could contain information, software, pictures, audio files, video files, animations, flash files, data files, code extracts or any material (referred to as ‘content ’) that are protected by copyrights, trademarks or Expat-blog.com, affiliates or any other third-party (including other members) property rights.
The website does not claim any right for pictures posted on site. The authenticity of pictures and captions is of the User’s responsibility. The website cannot be held responsible for pictures’ authenticity. By uploading pictures on the website, the User gives a non-exclusive right to the website to use, display or modify them. The User cannot use, display or modify pictures uploaded by another user.
You cannot modify, publish, upload, transfer, sell, copy, create derived materials, distribute, transform, display, reverse-engineer or by any other means the content, in part or totality of the website, except with our express written permission or if expressly authorized by the Terms and Conditions of Use of the website.
You agree not to use the website for any illegal purpose, or any purpose forbidden by the Terms and Conditions of Use.
You fully acknowledge that when downloading or uploading any material on the Expat-blog’s server, or when communicating via Expat-blog (chat rooms, forums or any other kind of communication means on site), the following is strictly forbidden:
* Defamation, abuse, harassment, threat, heinous or discriminatory propaganda against human rights, including homophobic or racist propaganda, as well as any other violation of human legal rights, including privacy rights.
* Any illegal or indecent material for online publication, distribution, defamatory propagation, obscenity, pornography or sexually oriented purposes.
* Downloading or uploading files containing software or any other materials protected by property rights or by intellectual rights (or privacy rights and protection of Confidential Information unless you have been granted the requested authorization or own legal rights).
* Downloading or uploading materials containing virus, corrupted files or any other malware susceptible to damage or impede the normal use of another computer.
* Deleting copyrights, intellectual rights or any legal notice or label on any file uploaded on the server.
* Falsification of the origin/source of software or any other material contained in any Expat-blog.com uploaded file.
* Offers of services, even for free, ads, polls, contests or chain letters.
* Downloading any material posted by another user which distribution cannot be legal or authorized.
* Using any communication, content or information obtained through Expat-blog.com for commercial purpose against the activity and/or the website Expat-blog.com.
The website has the discretionary right to delete any user’s or member’s account. The website also has the discretionary right to advise a user’s Internet provider of any inappropriate behaviour.
You acknowledge that contents published on the forums are public communications only. Moreover, you acknowledge that views, communications or contents expressed by other members cannot be imputed to Expat-blog.com. You also acknowledge that no communication can be considered as being previously selected, revised or approved by Expat-blog.com.
You agree not to use Expat-blog.com for destroying, overloading or damaging the website by any means. You agree not to use Expat-blog.com for disturbing other members’ use of the site. You agree not to access other members’ account, systems or networks associated to Expat-blog.com without formal authorization. You also agree not to get, or try to get materials or information available at Expat-blog.com or provided by the website unintentionally.
Content management
Expat-blog.com can neither control nor revise every communication or material uploaded on the website, and cannot be held responsible for the content of such materials. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Nonetheless, Expat-blog.com has the discretionary right to delete, replace, and refuse to edit or publish any content that could be considered as violating or potentially violating the Terms and Conditions of Use of the website.
You are entirely responsible for all communications made under your member’s name on site. Expat-blog.com has a right, but no obligation, to correct any mistake or omission of any content from you at its own discretion. You acknowledge that any content’s verification operated by Expat-blog.com is for validation purpose and is made as a courtesy gesture only.
Expat-blog.com respects the intellectual property right and asks users and members of the website to do so. If you believe your materials have been copied in a way that violates copyrights or intellectual property, please notify the Expat-blog as soon as possible.
The website is protected under the international jurisdictions on intellectual rights. Copyrights are reserved. Logos, texts, pictures or any other element displayed on the website cannot be copied or reproduced partially or in totality, without express consent of expat-blog.com in compliance with law L122-4 of the intellectual property code.
You may not, except with our express written permission, distribute or commercially exploit the content of the website. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. To obtain permission to reproduce materials displayed on site, please send an email at julien(at)expat-blog(dot)com.
From time to time this website may also include links to other independent websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. We cannot be held responsible for any damage or loss resulting from the transactions made between users and third-party websites that may be accessible through this website either. You should exercise caution and look at the privacy statement applicable to the website in question.
Privacy
“Confidential Information” stands for any data, information, document, software or material related to the operating and management of the website, its members, affiliates, licensors or stakeholders, designated as confidential or which could be reasonably be considered as confidential including, with no limitation: business plans and operations, design, promotions, operating modes, price settings, business opportunities, finance, research and development, know-how, employees, identities or personal information belonging to members, clients or parts of the site belonging to third parties or any other intellectual right.
You acknowledge that Confidential Information we collected upon acceptance of the Terms and Conditions of Use are valid and confidential, property of Expat-blog.com and its assignors. You agree that Confidential Information will never be revealed without written consent of Expat-blog (to the exception of what is clearly mentioned in the Terms and Conditions of Use or requested by the applicable law).
Expat-blog may, in its sole discretion, preserve or disclose your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that anything you do violates the rights of third-parties; respond to claims that contact information (phone number, street address) of a third-party has been posted without their consent or as a form of harassment; protect the rights, property, or personal safety of Expat-blog, its users or the general public.
Subjected to the provisions of the Terms and Conditions of Use, the User is aware that the use of the website is at its sole risks. In no event will we be liable, nor members or third-parties providing information or elements for publication purpose, for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Email Communications
As a registered Expat blog member, you can modify your e-mail subscription choices at any time on the user profile page. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and newsletters relating to your Expat blog account, without offering you the opportunity to opt out of receiving them.
In order to help you better Expat blog sends you e-mail messages that contain information about your apparent expat related interests. For example, if you registered your interest of moving to France, we may send you an email message with different information about France. Similarly, if you receive an email about France and demonstrate an interest in accommodation in France by affirmatively clicking on a link about France housing ads in the email, you may be sent an email about housing ads/offers in France. We believe these email messages will provide you with useful information available through our site.
Please note that you will have the opportunity to choose not to receive these email messages in any such email we send.
Indemnity
You agree to defend, indemnify and hold harmless Expat-blog, its parent corporation, officers, directors, employees, affiliates and agents (collectively referred to as « the parties»), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any use or alleged use of the site under your member’s name by any third-party, whether authorized or not, (ii) or resulting from any communication or any content downloaded on Expat-blog’s under your member’s name,(iii) any breach of the Terms and Conditions of Use. Expat-blog.com reserves the right, at your own expense, to take responsibility for the exclusive defence and to monitor any problem otherwise subjected to indemnification by you; and, in such cases, you agree to co-operate with Expat-blog’s defence with regards to the claim.
Terms and cessation
Provisions remain in force until the end of the Terms and Conditions of Use. You can unsubscribe anytime by sending a written notice to the Expat-blog.com team. This will confirm your identity and your intention to close your member account. Your account will be closed as soon as possible.
Expat-blog.com also can deactivate your access to the website due to inactivity beyond a certain reasonable laps of time determined by expat-blog, except in cases of force majeure, difficulties linked to the structure of telecommunications networks or technical difficulties, for which the website cannot be held responsible.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT RISKS AND LIABILITIES RESULTING FROM THE USE OF THIS WEBSITE INCLUDING, WITH NO LIMITATION, ALL CONTENT OR INFORMATION THEREIN.
EXPAT-BLOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL EXPAT-BLOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY EXPAT-BLOG, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN ANY EVENT, EXPAT-BLOG AGGREGATE LIABILITY SHALL NOT EXCEED ONE (1) EURO.
Applicable law
This website is controlled, operated and administrated by Expat-blog, for which the head office is located
Expat blog limitée
17 Vishnu Kchetra Street
Port Louis
Mauritius
The website can be visited from everywhere in the world. Given that jurisdictions may vary from those of Mauritius, you acknowledge and agree that the Terms and Conditions of Use are governed by the Republic of Mauritius’ jurisdiction.
You will irrevocably comply with the exclusive jurisdiction of the Republic of Mauritius courts, in accordance with the issues tackled in the Terms and Conditions of Use of the website.
You agree to send any notice or service requested by email, post mail, registered mail or express mail with proof of acknowledgement of receipt, sent to the address of the contact you provided when access to portions of the website has been granted to you, or any other address you would have informed us of by post mail.
Any dispute resulting of, related to or in reference to the Terms and Conditions of Use, including, with no limitation, its validity, interpretation, performance and violation should be subjected to a tribunal of the Republic of Mauritius according to the law applicable at the time of the arbitration’s request.
If Expat-blog.com is forced to appear on court, instead of arbitration, so as to assert its right or collect debts, you agree to pay Expat-blog off all related legal costs or expenses if Expat-blog wins the case.
If part or totality of the provision(s) of the Terms and Conditions of Use is not partially or totally applicable, the parties, or, if the parties cannot reach a compromise, the court of any competent jurisdiction will have to give a ruling on part or totality of the provision(s) and put into effect applicable provisions that will reflect terms of part or totality of the non-applicable provision(s) as accurately as possible.
The parties have requested that Terms and Conditions of Use and all the related literature should be written in French. The English version is available for information purpose only. The French version will always prevail upon any other translation.
Contact
Should you have any queries about this website, or about the Terms and Conditions of Use, please contact Expat-blog.com at julien(at)expat-blog(dot)com
Acknowledgement of the document
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD THOSE TERMS AND AGREE TO BE BOUND BY THEM. YOU CONSENT THAT THIS DOCUMENT IS THE COMPLETE AND EXCLUSIVE DEFINITION OF THE MUTUAL AGREEMENT PASSED BETWEEN YOU AND EXPAT-BLOG.COM WHICH PREVAILS UPON ANY OTHER FORMER WRITTEN OR VERBAL AGREEMENT OR ANY OTHER COMMUNICATION BETWEEN YOU AND EXPAT-BLOG.COM RELATED TO THE USER’S MEMBERSHIP.
PS: Btw, I have moved here from Saratoga Springs, NY.