Website User Agreement – November 5, 2008

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY DEFINE THE CONDITIONS AND RESTRICTIONS THAT APPLY TO YOUR USE OF THE NEOMARCO WEBSITE WHEN YOU CLICK ON "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF USE ". BY USING ALL OR PART OF THE NEOMARCO SERVICES, YOU AGREE TO BE BOUND BY ALL THE GENERAL TERMS OF USE, THE LIMITATIONS ON USE OF SERVICES DESCRIBED IN PARTICULAR IN ARTICLE 5, AND THE GUARANTEES AND LIABILITIES DESCRIBED IN ARTICLE 11. YOU AGREE THAT THE TERMS OF USE ARE AS ENFORCEABLE AS ANY OTHER WRITTEN CONTRACT YOU MAY HAVE SIGNED. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU ARE NOT AUTHORIZED TO REGISTER OR USE THE NEOMARCO SERVICES. NEOMARCO RESERVES THE RIGHT TO MODIFY THESE TERMS BASED ON THE SITE’S DEVELOPMENT OR NEW LEGISLATION. ALTHOUGH NEOMARCO WILL ENDEAVOR TO INFORM EACH USER IN ADVANCE, WE ENCOURAGE YOU TO CONSULT THE LATEST VERSION OF THESE TERMS AND CONDITIONS REGULARLY IN ORDER TO KEEP ABREAST OF POSSIBLE CHANGES.

1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS

neomarco offers its website visitors information (available to all) and services (available after registration) relating to travel and to objects discovered by travelers. neomarco is not a commercial site. neomarco’s purpose is to display the profiles of travelers’ and objects from everywhere in the world and to allow website visitors to interact with one another.

These Terms and Conditions, subject to French law, apply to your access to and use of the beta version of the site accessible at neomarco.com, neomarco.fr and its national extensions. This User Agreement shall serve as a contract between each visitor and neomarco, an SAS (a French Simplified Joint Stock Company), with headquarters at 3 place de l'église de Saint Henri - 13016 Marseilles, France, RCS Marseille 504 353 772 (herein referred to as "neomarco"), responsible for the design, development and publication of the neomarco.fr website and related services. neomarco can transfer all or part of the rights and obligations under this contract to its affiliates, partners, distributors, its service and / or its suppliers.

You hereby acknowledge and agree that given the current state of scientific and technical knowledge at the time of first publishing the neomarco site, it is impossible to test and verify all uses, or to detect the existence of possible defects and you are aware that it is a beta version. Accordingly, you hereby expressly acknowledge and agree that the Site is currently under development, that it may contain errors, that it may not work as expected and should be used with caution. You hereby acknowledge and agree that the Site may be subject to changes. You hereby acknowledge and agree not to use the Site in a production environment or for processing of production data and that it is your responsibility to take all necessary and appropriate measures to safeguard and protect your data, media and programs. Neomarco may not be held liable for any of the above.

2 - DEFINITIONS

The words and expressions used in this Agreement have the following meanings:

• "CONTENT": means any content (s) posted by a Member on the website in files used to describe Members’ Profiles and provide various information and, more generally, any media, text, information, data, audio, image, video, hypertext or hypermedia link listed by the Member on the neomarco Site. The listings posted on the Site must be for objects available for retail. Members may elect to post their listings in French or in English.
• "PUBLISHER" means neomarco, SAS, a French company registered in Marseilles, under the number 504 353 772 RCS, publisher of the Site.
• "MASTER FINDER" means an active Member who posted a significant number of files and travel services, and benefits from a special status.
• "MEMBER" means any user, of legal age, who signs up for the Service in order to post descriptions of objects found anywhere in the world, otherwise referred to as "Objects", to store his findings, to disclose his profile and portrait, to list or request services or interact with neomarco. His participation is voluntary and non-remunerated.
• "NEOMARCO PARTNERS" means neomarco affiliates, partners, distributors, service providers and / or suppliers.
• "PROFILE" means a description of the Member and his contribution to the Site.
• "PUBLISHING" means the on-line posting by neomarco of contents provided by Members on the Site.
• "SERVICES" includes the following: neomarco facilitates interaction among Members and provides them with a tool to communicate, learn about the circumstances in which objects were purchased, share travel experiences as well as exchange services relating to carpools, sightseeing, helpful tips (how to pack a travel bag, etc.)., meetings and, more generally, any service they may want to offer.
• "SITE" means the neomarco website published by neomarco SAS as well as all the services available on the neomarco.com and neomarco.fr sites and their various national extensions.
• "VISITOR" means any user who accesses the website service without prior registration as a Member. Visitors may use the website free of charge and are under no obligation to provide personal information.

3 - TERMS AND CONDITIONS FOR MEMBER REGISTRATION

To be able to use neomarco Services and enjoy the benefits of membership, you must complete the registration process by filling out the "Registration Form". neomarco pays special attention to the accuracy and quality of information provided in Members Profiles. Once your registration is completed, neomarco’s moderators may request changes that condition the validation of your membership. neomarco Services are accessible to Members when they enter their name/ photograph or their pseudo/avatar and a password of their choice; all login information is strictly personal and confidential and may not be communicated or shared with third parties.

When you enter your personal information on neomarco, you agree:

• To provide accurate information
• To notify neomarco of any changes and update your information
• To notify neomarco of any fraudulent use of your Member account
• To create and maintain only one Member account
• To refrain from using technology that automatically creates multiple accounts.

neomarco’s moderating service verifies that all information required for registration is entered. neomarco moderators reserve the right to withdraw or change the format of files or opinions and comments after they are published by Members if they do not comply with technical specifications. In case of non-compliance with these formal conditions neomarco reserves the right to cancel the Member’s registration.

The neomarco Service features which are currently available are free of charge. neomarco however reserves the right to charge for all or part of these Services as well as other features to come. Members will be notified by e-mail.

As users of or contributors to neomarco Services, Members are sole responsible for Contents posted on the neomarco website, whatever their nature (registration information, notices, messages, Profiles, representation of objects from the world, service description, etc …)

neomarco and its moderating service may not be held responsible for the accuracy, relevance and legality of Contents provided by Members during any stage of the process – creation or modification of Profiles, addresses, and / or opinions, comments, photographs.

By registering as a Member of neomarco Services, you acknowledge and agree that any information, including photographs, be made accessible on the neomarco Site and that this information may be communicated to other users including through general email campaigns or through personalized alerts. Accordingly, you hereby expressly acknowledge and agree and / or grant neomarco the right to reproduce, modify and publish all elements, whether or not protected by intellectual property rights, that you have elected to post online in accordance with Articles 5 and 8 below.

4 - DESCRIPTION OF NEOMARCO SERVICES

neomarco caters to all those who wish to travel and make purchases in a different way.

As users of neomarco Services, Members may do the following:

• Register on the website
• Access Profiles and object description files published on the website and provide comments, evaluations, etc.
• Publish comments or addresses
• Create an address book
• Manage Profiles
• Interact with other Members without the intervention of neomarco
• Access a "Service" space that provides Members with a tool to communicate, learn about the places where objects come from, share travel experiences, exchange services such as carpooling, organizing visits, giving and receiving helpful tips ("how to pack a suitcase", etc.), organizing meetings ("meeting for coffee", etc..), organizing trips ( "reserve a restaurant, a show" , etc.)…
• Send alerts through the e-mail address provided: new messages, etc.
• Other innovative functionalities will soon be available in the range of neomarco Services.

5 - MEMBER BEHAVIOUR – USE OF NEOMARCO SERVICES

neomarco’s Services are for private use only. Members, and more generally, Site Visitors, may not use the neomarco Site for commercial or professional purposes nor may they use it illegally or in any way that could cause harm to neomarco, its Partners, any other neomarco Service user or any customer of neomarco’s Partners, as defined by neomarco in its sole discretion. As users of the neomarco Site and Services, Members agree to behave responsibly when posting comments and notifications.

neomarco shall not be held liable in any way whatsoever and recommends that each Member:

• Give as complete a description as possible, particularly with regard to "Object" description files and include all details concerning the object’s purpose, origin, history, design, use, place or places where it is marketed and more generally provide all the detailed information that the Site offers to provide on Profiles, objects, services, addresses.
• Include photographs to illustrate the Object description file+s or to view the addresses provided. You hereby agree to post only photographs that are free of rights, taken by yourself or for which you have obtained permission of the copyright holder prior to publication. You also agree to secure permission from the copyright holder of the Object photographed and / or permission from the personality rights holder with regard to the reproduction of his image and / or permission from the owner of the Object with regard to the duplicating of his commercial entity for example (name, brand, trade name, trademark, etc.).. You understand that any illicit reproduction of an object protected by intellectual property rights or by secrecy would likely engage your responsibility.
• Respect the presentation format of the neomarco Site as explained in the Help functions. You may, at any time, seek help to comply with instructions at: contact@neomarco.com
• Honour the services you request from another Member (i.e. pay a fee when a contribution has been agreed between you, or perform the service you requested), unless the Member has materially changed the description of the service after your agreement, or in case of an obvious typographical error or if you cannot verify the identity of the Member providing the service.
• Honour the services you have accepted to provide (i.e. reserve a restaurant or a show in keeping with the Member’s request / carpool at the dates and times agreed upon , and so on), unless the Member who made the request does not meet the conditions agreed upon between you or if you cannot verify his identity.

neomarco may inform Members on a case by case basis of specific harmful uses through a code of conduct or other notices available through the neomarco website. When using neomarco Services, Members must comply with instructions or any other notice given to Members and, more generally, to Visitors by neomarco. Without limiting the generality of this article, Members may not use neomarco Services in such a way that might damage or disable any network, Internet site or electronic messaging (standard email or instant messaging) services.

Members should not publish personal information (phone number, personal address, personal e-mail or address, family name) online. Members acknowledge and agree that data transmitted over the Internet cannot be protected, particularly against possible diversions, and agree that should they reveal any confidential information such as passwords or codes or any other information deemed confidential, they do so at their own risk.

Members must make normal use of and not impair the operation of Services offered by the neomarco Site. Members must not act in a manner contrary to any applicable laws and regulations, public order, good morals and third party rights, including in the definition of their pseudonyms.

While using the neomarco Site and Services, you agree that you will not:

• copy books, magazines or other written materials found on the Internet; but on the contrary, show creativity and curiosity;
• fail to comply with local laws or to respect third party rights;
• use neomarco Site or Services if you are not able to form legally binding contracts, are under the age of 18, or if your account has been temporarily or indefinitely suspended;
• post any material which is defamatory, abusive, insulting, xenophobic, obscene, indecent, offensive, violent, associated with pirated programs, insulting to religious or ethnic beliefs, of pornographic or paedophilic nature, which encourages discrimination, hatred or violence and more generally violates public order and good morals, and is, in general, contrary to the purpose of neomarco Services, or post URL links to sites offering such content.
• use neomarco Services to insult, abuse, harass, stalk or threaten anyone, or otherwise violate the rights of others in particular personality rights, intellectual property rights including trademark rights (trademark, patent, logo, etc.)., author’s rights and neighbouring rights and more generally refrain from engaging in any act that would constitute an infringement on intellectual property rights, including replicating or representing intellectual property without the author’s permission or encouraging such reproduction or representation;
• use neomarco Site and Services to go against any person or any person’s will in any way or for illicit purposes including fraud, unsolicited promotional email, incentive to commit crime, soliciting, prostitution, pimping or any act contrary to the respect and protection of minors;
• use neomarco Services to infringe rules of trade (selling unauthorized products or services or products whose distribution is regulated by Customs, violation of international rules of sale, transport, freight, export, import)
• publish information or Contents whose effect is to reduce, disrupt, prevent the normal use of neomarco Services, or interrupt and / or slow down the normal transmission of communications between Members;
• use neomarco Services as a mass mailing tool to transmit, directly or indirectly, undesired or unsolicited emails, whether commercial or not, or to facilitate their transmission. Members and / or Visitors shall not use neomarco Services for surveys, contests, pyramid schemes or chain letters.

Any violation of any of the above provisions constitutes a violation of these Terms and Conditions of Use and authorizes neomarco to suspend or terminate the user’s account, to automatically delete illicit messages and / or block the user’s access to all or part of neomarco Services, temporarily or permanently, without any consideration to the violator.

MODERATING NEOMARCO

STRICT MODERATING OF NEOMARCO

neomarco’s moderating service validates posts, registration and membership Profiles, file formats and their compliance with the recommendations of Article 5, the format of addresses and photographs at the time of their creation or modification. neomarco moderators can modify ratings provided by Members of the "Ethical", "Authentic", or "Unusual" characteristics of an object, if the ratings do not seem justified. Similarly, these evaluations can be reviewed by neomarco moderators on the basis of comments published by other Members.

neomarco’s moderating service does not control the Content of comments or opinions and cannot guarantee security, integrity, accuracy, authenticity or accuracy within. As Site owner, however, neomarco through its moderating service and through reports made by Members or Visitors, will continually monitor the use of neomarco Services to ensure the absence of any violations (defamation, harassment, invasion of privacy, etc.), particularly within comments and opinions.

As Site moderator, the moderating service may edit and delete - on a temporary basis as a precaution, or permanently - any unwanted Content, or suspend or terminate the registration of the Member concerned or any users frequently in violation of the conditions of this contract.

The lack of execution, partial execution or any delay in the execution of possible sanctions by moderators does not constitute a waiver of the application of these conditions by neomarco and the Member or Visitor cannot use these grounds to challenge the validity of any sanction imposed by neomarco within its moderating rights.

ABSENCE OF OBLIGATION TO CONTROL CONTENT BY NEOMARCO:

neomarco is a passive intermediary supporting the publication of Content online and is not required to verify Content published on the website by Members. It assumes no responsibility for the Contents themselves or for their verification. neomarco reserves the right, however, to carry out Content verifications at any time on any or all of the Content.

REPORTING ABUSE AND ILLICIT CONTENT TO NEOMARCO:

neomarco works to ensure that the reporting of abusive or illicit Content be possible using an easy and obvious procedure. This procedure allows anyone to report the use of the neomarco website to distribute Content which constitutes an infringement of the press, including Content in support of crimes against humanity, child pornography, and Content which incites racial hatred, violence, the violation of human dignity, the undermining of third party rights, or the breaching of rules of trade (export or import of goods which are banned or restrained or whose movement is strictly controlled). You can send a detailed email to abuse@neomarco.com (obligatorily specifying the date, your identity, the URL of the illicit Content, a description and the author’s login name). Upon receipt of such notification and as soon as possible, the said Content will be removed as a precaution from the neomarco Site and may be reported to public authorities. As a reminder, knowingly submitting abusive Content or activities as a means to obtain the unwarranted withdrawal or suspension of Content is punishable by one year imprisonment and a fine of €15,000.

7 - TERM OF CONTRACT – RESCISSION

The term of this contract is indefinite and can be broken at any time without prior notification, by a Visitor or a Member on one hand and by neomarco on the other, automatically, without any legal intervention, upon the simple notification by one party to another via email or postal mail. End of contract is effective upon receipt of such notification. The deletion of a Member’s account for any reason whatsoever, at the initiative of the Member or of neomarco, automatically removes the Member’s personal Profile and all corresponding activities (including service proposals).

This deletion does not however cancel the license granted by the Member and hereinafter referred to in Article 9, regarding Content already published on the Site as well as outside of the neomarco Site, directly or through the intermediary of a neomarco Partner, and whose ownership has already been transferred into the hands of a buyer.

8 - MANAGEMENT OF PERSONAL DATA AND PRIVATE INFORMATION - COOKIES

PERSONAL DATA: In accordance with the Data Protection Act of 6 January 1978 amended by the Law of 6 August 2004 on the protection of individuals with regard to the processing of personal data, you have at any time the right to access, modify, change or delete data about yourself. To do this, you can view and edit data via the neomarco website or you can send an application containing obligatorily your full name and login name either by post to: neomarco, 3 place de l'église de Saint Henri, 13016 Marseilles, France, or electronically to donneesperso@neomarco.com. The neomarco Site is registered with the French National Commission for Data Privacy (CNIL) under the number 1307368. neomarco takes great care to comply with data privacy and protection laws and regulations. Thus, neomarco may use your information or share it with third parties unless you object according to the following conditions:

You (check the appropriate box):

• (1) Give your consent - or - expressly object (by unchecking the box) to the use of data collected during registration, destined to neomarco’s customer databases, especially with the purpose of sending e-mail on behalf of neomarco.
• (2) Give your consent - or - expressly object (by unchecking the box) to the distribution of this data to third parties.

COOKIES: The neomarco website can collect information automatically through the use of cookies to monitor your site navigation. A cookie does not allow neomarco to identify you, but it records information about the navigation of your computer on the neomarco Site in an effort to establish the parameters of the session at your connection. These cookies allow the neomarco Site to treat your demands and ensure the proper functioning of Services. The neomarco Site especially uses cookies to store your information during your login so that you no longer have to provide them after (this function is optional and you are free to change your details later). You can always disable or prevent the placement of these cookies or be informed of their creation by configuring your browser through Internet "Options," "Preferences" or "Security". neomarco invites you to consult the "Help" guide in your Internet browser to learn more about setting up these functions.

9 - OWNERSHIP OF NEOMARCO SITE AND OWNER’S RIGHTS

This website is owned by neomarco. It is protected by laws and international treaties on copyrights and intellectual property.

All rights to the Site and its concept, to neomarco Services and their original and innovative characteristics belong to neomarco, without any limitations. All intellectual property rights on texts, literary creations, graphics (including photographs) and audiovisual elements, program developments, HTML developments or other intellectual creations and in general, all creations liable to be protected by intellectual property laws such as images, logos, packaging, style guide, Site architecture, ergonomics, color coding, fonts, core graphics, graphic screen organization, layout, wallpapers, and overall any element that constitutes the visual identity of the Site, sounds and trademarks, belong to neomarco, without any limitations.

neomarco is a trademark in France registered under the number +++++.

Any infringement of neomarco’s rights or those of its advertisers may result in prosecution.

10 - OPERATING LICENSE

Members automatically cede a license for operating and using all intellectual property rights on Content published on the Site by Members to the neomarco Site and to neomarco Partners (texts, photographs, graphics, etc.).

These rights include:

• the right to replicate Content (reproduce, save, generate multiple copies);
• the right to distribute, communicate and publically represent Content;
• the right to modify, translate, adapt, edit and arrange Content;
• the right to use, publish, edit, distribute Content and, more generally, all rights of use, with or without charge, in whole or partially, including the rights granted to database producers.

These rights are granted to be used by neomarco, directly or indirectly, with or without charge, in whole or partially, temporarily or permanently, with regards to any users including all recipients of electronic mail, in all formats, on all media including print, magnetic, optical, digital, computer, telematics, electronic, reels, video cassettes, CD-ROM, DVD-ROM, or any other communications medium which is known or unknown to date, current or future and via all distribution channels, present or future, including telecommunications, audiovisual communications, press, radio, cable and satellite, terrestrial, digital television and / or interactive networks including Internet-type networks, mobile Internet, Intranet.

This license is granted gratuitously and for the entire world due to the global nature of Internet distribution and for the duration of the period of intellectual property rights protection, including extensions eventually made to this period by law or international treaties.

11 - WARRANTY DISCLAIMER AND LIABILITY OF NEOMARCO

neomarco will in no way be liable for any tangible and/or intangible damage to property, whether direct and/or indirect, and/or resulting from the use or inability to use neomarco Services including false statements made by registered Members online and Content distributed and transmitted through neomarco Services, loss of data, recordings or Content exchanged through neomarco Services, the result of searches conducted by users and the disruption of computer or telecom networks.

The Site merely provides Members with a means to find information on travel, travel purchases and corresponding services (Profiles, object files, crafts, networking) and does not claim that information provided by Members and by the Site be in any way comprehensive or objective.

The Member and, more generally, the Visitor, declare their acceptance of the characteristics and limitations of Internet and in particular acknowledge:

• that neomarco can in no way be held liable for difficulties or delays in the speed of access to the neomarco Site, for the non-delivery of information or the loss of a Member’s login name and/or password,
• that he/she is aware of the nature of the Internet network and in particular its technical characteristics and response times for consulting, searching or transferring information or Content
• that is their responsibility to take all appropriate measures to protect their data and/or software and/or equipment from contamination by computer viruses or from any attacks, as well as from any software that could be disruptive or that could damage equipment,
• that information communicated on Internet may be appropriated for private use and that it is under their sole responsibility that this information be distributed or received through neomarco Services.

neomarco makes no express or implied warranties and excludes in particular all warranties concerning the capacity of the Site and of neomarco Services to meet the expectations and needs of Members and Visitors as well as the performance and results obtained using them. Furthermore, neomarco does not guarantee that the Site and neomarco Services work with all operating systems, nor that they are available for use at any time, without interruption or error, nor that all errors can be corrected. In addition, neomarco may not be held responsible for any Site dysfunction, an inability to access the Site or for poor conditions of use and neomarco Services due to the failure of equipment, to dysfunctions relative to the Member’s or Visitor’s Internet service provider, to Internet network overloads and for any other reason external to neomarco.

neomarco reserves the right to modify or discontinue, temporarily or permanently, access to neomarco Services namely for maintenance, Site upgrades or improvements, or modifications in content and/or their presentation without notice or compensation of any kind. neomarco will always attempt to inform Members and possibly Visitors whenever possible, prior to launching such an operation.

neomarco will take all possible measures to minimize potential inconvenience for users.

Photographs, texts and more generally all Content published by neomarco Members and the consequences of their disclosure or distribution are sole responsibility of those same Members.

Moreover, neomarco, having no means to verify the identity of users, is not responsible for the impersonation of any Member’s identity. Any Member or Visitor who suspects his or her identity is being used by another person must report this use immediately to the neomarco moderating service who will take appropriate measures.

Members and Visitors acknowledge that information and content circulating on Internet may be regulated or protected by copyright and they agree to be solely responsible for the use of information or Content which is consulted, searched, transferred or distributed using neomarco Services.

In addition, neomarco can not be held responsible for the accuracy, the sincerity, the reality or the inaccuracy of information and Content provided by Members of the neomarco Site. Similarly, neomarco can not be held responsible for Content distributed by a Member who has infringed on the rights of a third party.

Members are solely responsible for any damages, direct or indirect, material or immaterial, caused by them to neomarco, neomarco Partners and other Members and Visitors during their use of neomarco Services.

In the case where neomarco’s liability may be questioned in connection with the failure of a Member to fulfill their obligations under the law or these Terms of service, the latter undertakes to ensure that no responsibility be attributed to neomarco, including claims to attorney fees and fines, or any legal expenses that may be incurred during the process.

The neomarco website contains a number of links to other partner sites. neomarco can assume no control of these sites and accepts no responsibility for their content and services.

12 - GENERAL PROVISIONS

The lack of exercise, partial exercise or any delay in the exercise of rights shall not constitute a waiver of the application of these rights or of any right. Any waiver or modification of the Terms of Use will be effective only if it is provided in a written document. If any provision of these Terms of Use is deemed invalid, it will be deemed non-written, while all other provisions retain their validity and capacity, unless neomarco in good faith considers the said provision as essential.

13 - AMENDMENT TO SITE’S TERMS OF USE

neomarco reserves the right to modify or change at any time neomarco Site pages, neomarco Services and the conditions of use applicable to them.

14 - APPLICABLE LAW

The present Terms are governed by French law, except where rules on legal conflicts and the Vienna Convention on the international sale of goods prevail. If the dispute cannot be resolved amicably, it will be brought before the courts of the defendant's residency.

The neomarco Team.