TERMS AND CONDITIONS FOR POSTING CONTENT ONLINE

 

The general conditions for publishing online content are concluded between TFP Travel Flop and the user uploading content via the online publication platform on http://www.tfptravelflop.com.

The purpose of these terms and conditions for posting content online is to define the conditions publication of content by the user on the website and all TFP social networks (including Facebook, Instagram and Twitter accounts and all other networks that may be created in the future). Any publication of content implies the complete and unreserved acceptance of the said terms and conditions for posting content online.

Article 1. Upload Platform

Internet users can publish theirs flops with the content form “Submit a flop” on the website https://tfptravelflop.com/.

Article 2. Definitions

Content: Any text, image, sound, video, photograph, music or audio-visual combination posted and shared by the user via the TFP Digital Networking Platform.

Internet User: Internet User: An individual or legal entity, holding the capacity to share their own content via the TFP Digital Network Platform, either in their name, or in virtue of a third-party power of attorney authorising them to do so.

FML Digital Networks: Includes the website accessible at http://www.tfptravelflop.com and TFP social networks (including TFP’s Facebook, Instagram and Twitter accounts and any other networks that would be created).

The website accessible at http://www.tfptravelflop.com

Article 3. Guarantees of the Internet User

The Internet User agrees to share Content in good faith, in accordance with these Legal Terms and Terms and Conditions for posting content online :

  • The rights of third parties and in particular the right to privacy, intellectual property rights, etc.,
  • The laws and regulations in force in France or in the country where the Content is intended to be shared and, in particular, the provisions of the Intellectual Property Code as well as the provisions relating to the protection of personality rights and compliance with the provisions of the Press Law.

In this sense, the Internet User guarantees that they hold all the rights, licenses and/or authorizations required for the exploitation and publication of the Content as provided herein for their exploitation on all TFP digital Networks. In particular, they guarantee that they have obtained the authorization of any third party whose image or elements it uses (image, name, voice, product, work, logo, drawing, model, brand, etc.) in any way whatsoever, within the scope of their exploitation, on all FML Digital Networks. The Internet User guarantees BETA the peaceful enjoyment thereof.

The Content is retrieved by the Platform, either synthetically or identically, and may be published in any of TFP’s Digital Activities to any user browsing TFP Digital Networks. The Content’s compliance must be verified by the Internet User who is solely responsible for it and guarantees TFP Travel Flop against any action based directly or indirectly on the use of said Content, and any financial consequences that may arise as a result thereof.

TFP Travel Flop reserves the right to publish or not publish the Content shared by the Internet User via the Platform without having to justify it and without recourse or compensation.

TFP Travel Flop may delete any Content published by the Internet User who does not respect the conditions set out above, at any time without notice and at its sole discretion.

The publication of any Content containing an opinion, recommendation or opinion expressed by any natural or legal person does not imply any approval by TFP Travel Flop, which declines any responsibility for said Content.

You acknowledge that by simply using TFP Digital Networks, you may be exposed to inaccurate, shocking, indecent or otherwise negative Content. TFP Travel Flop rejects any liability in relation to said Content.

Article 4. Authorizations of the Internet user

The Internet user authorizes any modification, alteration, adaptation, addition, total or partial reproduction, use, utilization, exploitation, diffusion, publication, distribution, promotion of the Content by TFP Travel Flop on the TFP Digital Networks, under any standard or format, whatever the current and future processes and means, by any means, to any fixed and/or mobile terminal, present or future.

Article 5. Registration Fees

You retain all your intellectual property rights to your Content, but you are required to grant limited rights to TFP Travel Flop and to Internet Users of TFP Digital Networks. When you submit Content on the Platform, you grant:

  • TFP Travel Flop, the non-exclusive, assignable right (including the right to sublicense), free of charge and for the whole world, to host, use, reproduce, distribute, modify, translate, make derivative works, represent and execute the Content within the framework of the Service or the making available on the TFP Digital Networks, in particular, without limitation, for the promotion and redistribution of all or part of the Digital TFP Networks (and the resulting derived works), in any format, on any medium and via any media channel;
  • Each user of TFP Digital Networks, the non-exclusive right, free of charge, and for the whole world to access your Content via TFP Digital Networks and to use, reproduce, distribute, represent, and perform the Content to the extent permitted by the functionality of the TFP Digital Networks and theses Legal Terms and Terms and Conditions for posting content online.

Article 6. Intellectual Property Rights of TFP

The following elements are protected by intellectual property rights:

  • The verbal French brand “TFP Travel Flop” (no.4617589), registered on 25 January 2020 by Benoit DEMORTIER and published by the French National Institute of Industrial Property (INPI) in the Official Bulletin of Industrial Property (BOPI);
  • The logo TFP (License Premium fE5748F) registered on 23 January 2020 by La Fabrik.
  • The website tfptravelflop.com have been designed and produced exclusively by the author Benoit DEMORTIER and the brand TFP Travel Flop, which holds sole ownership property, including all the elements that make it up (including texts, logos and drawings, videos, codes, numbers and any other visual, textual, graphic or otherwise element, etc.);
  • The domain name www.tfptravelflop.com because of its registration and commercial use.

The commercial exploitation of the names and logos of such trademarks, the Site and the domain name, that damage TFP Travel Flop by creating any form of confusion in the mind of the public, is likely to be prosecuted, in particular for unfair competition and/or parasitism in accordance with the procedures in effect.

If the Internet User uses Content covered by intellectual property rights that TFP Travel Flop owns and makes available on TFP Digital Networks (for example, texts, names, trademarks, images, drawings, videos or sounds that TFP Travel Flop provides and that the Internet User adds to content that they create or share on Facebook, Twitter, Instagram or any other social network known or unknown to date), TFP Travel Flop retains all the rights relating to this content (but not to that of the Internet User). The Internet User may only use TFP Travel Flop’s intellectual property rights of TFP Travel Flop after having received a written authorization from the latter.

Article 7. Liability

The publication of Content by the Internet User is at their own risk and under their sole responsibility. TFP Travel Flop does not guarantee the confidentiality of the Content, regardless of whether or not it is published on TFP Digital Networks.

The Internet User shall hold TFP Travel Flop harmless against any claim related to the use of the Platform, including the Content, as well as its distribution and publication, particularly if the Content and/or its distribution and/or publication constitutes breaches of the general or special terms and conditions applicable to third-party platforms (including social networks), and/or to all law in effect and/or the rights of third parties (intellectual property rights, image rights, rights to use the name, etc.).

Thus, the Internet User is solely responsible for any direct or consequential damages, material or immaterial, resulting from such breaches, and undertakes to compensate TFP Travel Flop for any request, claim and/or ruling for damages to which TFP Travel Flop may be subject, litigation costs including, where applicable, when this action is due to, or has any link with the such breaches.

TFP Travel Flop cannot be held liable in any way whatsoever for any damages, direct or consequential, suffered by the Internet User in their use of the Platform, resulting from the existence and possible application of any restrictive foreign legislation relating to the access and connection of the network and/or digital content.

Article 8. Contract Documents

The version of the applicable TERMS AND CONDITIONS FOR POSTING CONTENT ONLINE is the one in force on the date of use of the Platform.

TFP Travel FLop reserves the exclusive and discretionary right to modify or suspend the TERMS AND CONDITIONS FOR POSTING ONLINE, notably if such modifications or suspensions were necessary for commercial or legal purposes.

Article 9. Disputes

These Terms and conditions for posting content online and all contractual documents arising therefrom, are subject to and regulated by French law and must be interpreted therewith.

Failing an amicable agreement between the parties, any dispute arising from these TERMS AND CONDITIONS FOR POSTING CONTENT ONLINE shall fall under the exclusive competence of the appropriate courts of Paris.