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Access to the Bluenity website is free of charge for all users, provided that they accept the general conditions of access and use (hereafter referred to as "General Conditions of Use" or "GCU"). For the purposes of these GCU, any user registered with the Bluenity website is hereafter referred to as the "Subscriber".
The existing GCU may be modified, in whole or in part, and/or supplemented by terms and conditions of use for specific functionalities and/or means of access at any time without notice. It is therefore recommended that Subscribers regularly review the GCU.
The existing GCU may be modified, in whole or in part, and/or supplemented by terms and conditions of use for specific functionalities and/or means of access at any time without notice. It is therefore recommended that Subscribers regularly review the GCU.
SUBSCRIBERS AGREE TO ABIDE BY THE MOST RECENT VERSION OF THE GCU EACH TIME THEY LOG IN TO THE WEBSITE. THEY RECOGNIZE THAT FAILURE TO RESPECT THESE GCU MAY RESULT IN SUSPENDED ACCESS TO THE SERVICE.
SUMMARY:
Article 1 : DESCRIPTION OF SERVICES
The Bluenity community website is a service that enables passengers to connect and share travel tips. The website is open to all travelers, whether or not they are already Air France customers.
All services on the Bluenity website are provided free of charge.
After creating a personal "Profile" (Traveler, Leisure and Business) that can be viewed by other Subscribers, the Subscriber is free to :
- view information posted by other Subscribers (profiles, travel tips, advertisements, etc.),
- interact with other Subscribers by sending personal messages or posting messages that can be viewed by all Subscribers regarding destinations, practical traveler information, etc., provided that the Subscriber respects these GCU.
For the purposes of these GCU, the aforementioned services available on the Bluenity website are hereafter referred to as "Services".
Article 2 : ELIGIBILITY
Access to Services is strictly limited to those individuals permitted to enter into contracts under French Law. Prospective Subscribers must be over 18 years of age and possess full legal capacity.
Parents must monitor their children’s Internet use. As legal guardians, they are responsible for authorizing or denying their children4s access to services and monitoring use. It is preferable that minors not be exposed to the meeting opportunities presented by this website.
Article 3 : SUBSCRIBER RIGHTS AND RESPONSABILITIES
In general, Subscribers agree to abide by all legal obligations, rules and conventions as well as professional policies and practices to which they are subject.
3.1 Registration
When registering for the Bluenity website, the prospective Subscriber is required to provide all information (particularly administrative) required for identification and qualification in the space provided. The Subscriber agrees to provide accurate and complete information and to update these details as necessary.
Subscribers may publish photographs on their profiles for easy identification by other Subscribers. The selected photograph must be of the Subscriber and the face must be visible and recognizable.
In the event that all or a portion of the information submitted by the Subscriber proves to be incorrect, inaccurate, outdated or incomplete, the Subscriber may be denied access to all or part of the Bluenity website without notice.
Prospective Subscribers who are also Air France customers may choose to provide their Flying Blue membership numbers (and associated PIN codes) so that relevant information regarding past and future flights can be published on their Bluenity profiles. By choosing to provide Flying Blue membership information, the prospective Subscriber acknowledges and accepts that other Bluenity Subscribers may access this travel information.
3.2 Subscriber Confidentiality
The prospective Subscriber chooses a username and password when registering for the Bluenity website. Once registration is approved, a confirmation e-mail authorizing use of the Bluenity website and Services is sent to the Subscriber. This e-mail confirms the Subscriber’s username ("login") and password (hereafter "Identifiers"), which provide access to his/her private account.
These Identifiers are personal and confidential. The username can only be changed at the Subscriber's request by contacting: contact@bluenity.com. The Subscriber may modify the password at any time.
The Subscriber expressly acknowledges that the presence of an identification code makes it possible to identify the author of a document or message and establish the authenticity of the document or message.
Subscribers are entirely responsible for use of their Identifiers. They must take all precautions to keep the Identifiers secret and should not disclose them to third parties, including family members.
In the case of Identifier theft or loss, the Subscriber is solely responsible for all resulting damages and must notify Bluenity as soon as possible by contacting: contact@bluenity.com .
3.3 Content
All information, text, images (animated or otherwise), data, sound, multimedia files, page layouts, code, functions, navigation elements, hyperlinks, domain names and all other features are referred to, both collectively and individually, as "Content" in these GCU.
Any Subscriber who transmits, distributes, publishes, edits, shares or otherwise makes available any Content by any means, whether it be on or through the Bluenity website, confirms that (s)he has the right to do so. The Content must not violate or abuse the individual’s right to personal portrayal or privacy (as stated in article 9 of the French Civil Code) or the intellectual and/or commercial property rights of any third party. The Subscriber also confirms that the Content is not likely to constitute an infraction of the July 29, 1881 law concerning freedom of the press or a challenge to the presumption of innocence contained in article 9.1 of the French Civil Code.
The Subscriber agrees not to distribute, publish, edit, share or otherwise make available any Content that would constitute an infraction of Article 225-4-1 and subsequent articles of the French Penal Code, mainly concerning trafficking of adults and minors, sex trafficking and related infractions, and prostitution of minors. The Subscriber also agrees not to view, save or transmit with a view to distributing any pornographic image or depiction, or to share or make such images available in any way.
Furthermore, the Subscriber agrees not to conduct any of the activities noted above in relation to Content that may constitute a direct or indirect advertisement in favor of tobacco, alcohol or any other substance whose use or commercialization is restricted or forbidden in France.
The Subscriber also agrees not to conduct any of the activities noted above in relation to messages that may qualify as commercial advertising, be it for the profit of the Subscriber or a third party.
It must be emphasized that the above restrictions apply to all Services, regardless of whether the recipient of this Content receives it voluntarily or not and regardless of the quantity and quality of the Content received.
Moreover, by using Services subject to these GCU, Subscribers are deemed to have accepted that any Content originating from their accounts may be reproduced indefinitely for development, management and administration of Services, the use of one or more Services, or the simple viewing of the Bluenity website.
3.4 Other Commitments
The Subscriber agrees not to employ a false, invented or stolen identity when using Bluenity Services. The Subscriber also agrees not to manipulate Identifiers and passwords in order to conceal the true origin of any Content.
When using Bluenity Services, the Subscriber agrees not to take any actions that could restrict, forbid or disturb in any way (even temporarily) normal use of the aforementioned Services by other Subscribers and the ability of other Internet users to view the Bluenity website. This includes the introduction of any virus (e.g., worm or Trojan horse) as well as any actions that could partially or completely prevent one or all of the Services from functioning or damage the Content of another Subscriber in any way.
The Subscriber also agrees not to send any "spam", electronic chain letters or pyramid schemes.
The Subscriber agrees not to collect, exploit or extract any Content with the intention of creating a database or service that is identical, similar or even a competitor to the Bluenity website.
The Subscriber is aware that the Bluenity website and each of the Services, considered separately or together, constitute a database according to article L.112-3 of France's Intellectual Property Code and are protected by the provisions of this Code.
The Subscriber also agrees not to modify another Subscriber’s Content without authorization or to comment on another Subscriber’s Content when commentary is not permitted by the Service in question.
3.5 Guarantees
The Subscriber acknowledges and accepts sole responsibility for all Content attributed to him/her under these GCU. The Subscriber accepts personal liability and clears the Bluenity site administrator of all responsibility, loss, complaint, litigation, damage and expense, including court and legal fees claimed by a third party or by another Subscriber, resulting from Content attributed to him/her under these GCU.
In the event that a grievance is filed against the Bluenity site administrator, the Subscriber is obligated to intervene voluntarily as guarantor if necessary.
It must be expressly emphasized that Content is the sole responsibility of the Subscriber. The resulting guarantee may be applied even in the event that the Subscriber has restricted public access to the Content according to his/her own terms.
Moreover, the Subscriber retains sole responsibility and guarantee in the event that restricted Content becomes more widely available without the Subscriber's knowledge following a Bluenity administrative error.
3.6 Information
The Subscriber agrees to report any fact or behavior that may lead to the suspension, disruption or partial or total interruption of Bluenity Services, regardless of duration, to contact@bluenity.com.
The Subscriber likewise agrees to report any notification made by a third party contesting the conformity of Content with applicable rules, particularly those referred to above in "Subscriber Rights and Responsibilities".
The Subscriber accepts that e-mail will be used to transmit requested information concerning the termination and implementation of Services.
Article 4 : DATA PRIVACY
The Subscriber expressly consents that personal data collected during the provision of Services can be used to enable full access to Bluenity Services. Should the Subscriber choose not to provide this information, access to Services will be rendered partially or totally impossible.
Provisions in the Informatique et Libertés (Data Privacy) law of January 6, 1978 (modified August 6, 2004) are fully applicable to the use of personal data by Services.
Subscribers and Internet users are informed of their data privacy rights through these GCU and special notices located on page(s) used to access Services on the Bluenity website. Subscribers have the right to contest, access, rectify, update and delete their personal data.
Subscribers can also consult their personal data at any time to request modifications or deletions or to restrict a specific use by the Services. Requests can be submitted to contact@bluenity.com
Cookies are automatically installed on Subscriber computer terminals when they use the Bluenity website. These devices are solely intended to facilitate Subscriber identification in order to make site navigation more enjoyable.
Subscribers can block the installation and use of cookies by modifying their Internet browser settings. Instructions for changing these settings are provided, according to browser type, in the appendix to these GCU.
Through an optional application available on the Bluenity website, Subscribers can publish Bluenity information regarding present location and future travel destinations on their Facebook profiles. By installing this application, Subscribers are aware and accept that their personal information will appear on the Facebook website. Subscribers assume sole responsibility.
In addition, Subscribers are advised that information concerning their identities may be divulged subject to article 6 of the June 21, 2004 law and the conditions set forth in this article.
Article 5 : UNAVAILIBILITY OF SERVICES
The Bluenity site administrator accepts no responsibility and cannot be held liable for any consequences arising from: the degraded or defective functioning of the Services and technology employed; the total or partial unavailability of the Bluenity website or Services, regardless of duration; and the modification, damage, alteration or loss of any Content.
The Bluenity website and associated Services are provided to Subscribers without guarantee of their duration. The Services may be deleted, in whole or in part, without warning or explanation. There is no guarantee that Services will function quickly, securely and without interruption or be compatible with the Subscriber's software and hardware.
Article 6 : LIMITATION OF LIABILITY – GUARANTEE
The Bluenity site administrator does not guarantee the accuracy or reliability of the Content to the Subscriber and other Internet users. The Subscriber acknowledges and accepts that the site administrator assumes no responsibility for the Content and agrees to monitor the Content as described in the "Guarantees" section of the "Subscriber rights and responsibilities" article of these GCU.
The Subscriber agrees not to lodge any complaint or take legal action against the Bluenity site administrator, regardless of the consequences of inaction. The Subscriber acknowledges that the site administrator’s role is solely to provide all Internet users with the opportunity to use the Services. The site administrator does not take responsibility for any Content and cannot be made liable by any third party, Internet user or Subscriber.
Moreover, Subscribers are aware and accept that Tripnity has the authority to publish commercial advertising in compliance with applicable regulations anytime, anywhere and on any of the Services. Subscribers cannot contest this activity in any way.
Article 7 : CONTENT REMOVAL – SUBSCRIPTION CANCELLATION
The Subscriber is aware and accepts that :
- all or part of the Content may be modified or deleted,
- all or part of one or all of the Services may be interrupted,
- a Subscriber’s freedom to create or use one or more Services may be limited,
in order to avoid improper use of the Services, following a request under article 6 of the June 21, 2004 law, or to block access to contentious Content. These actions may be taken regardless of how well-founded the request is and despite challenges by the Subscriber, even if the suppression or restriction results in the Subscriber being temporarily or permanently unable to access his/her own Content.
A moderator monitors the Bluenity website to ensure that all published Content respects the provisions of these GCU.
Failure to respect these GCU will result in deletion of the Subscriber’s profile and/or published Content on the Bluenity website and/or suspended access to the Bluenity website. If necessary, an e-mail notification will be sent. The Subscriber agrees not to lodge any complaint or take any legal action against the Bluenity site administrator, regardless of the consequences of inaction. The Subscriber acknowledges that the site administrator cannot be held responsible in these circumstances.
Article 8 : APPLICABLE LAW – CONTRACT LANGUAGE
These GCU are governed, interpreted and applied in accordance with French law to the exclusion of all other state legislation. In the event that the present GCU are translated into other languages, only the French version will determine the law.
Article 9 : WHO ARE WE ?
The www.bluenity.com website is managed by Tripnity, with capital of €15,000. Head office: 24 rue Louis Blanc, Paris 75010, France. Registered on the "Registre du Commerce" (Trade and Companies Registry) in Paris under no. 480 850 346.
The director of the publication is Mr. Jérôme Boudot, manager of Tripnity Ltd;
Air France is responsible for handling personal data, as described above in the "Data Privacy" article. Tripnity Ltd. is a subcontractor in the context of the aforementioned text.
The www.bluenity.com website is hosted by Ecritel. Head office: 3 rue de Pondichery, Paris 75015, France. Telephone: 01 40 61 20 00
APPENDIX 1 : ADVICE FOR MANAGING COOKIES PARAMETERS
As explained in the Bluenity website GCU, it is possible to define your Internet browser parameters in order to block the installation and use of cookies. Below are instructions for changing these settings, according to browser type.
1. Internet Explorer (Microsoft) :
- Version 3 or 4: On the menu bar, click "Display" and choose "Options" followed by "Advanced". Among the different warning settings available for activation, the fourth option is entitled "Warn me before accepting cookies". In Internet Explorer 4 only, the fifth option is entitled "Always block cookies". Select the option you prefer.
- Version 5: On the menu bar, click "Tools" and choose "Internet Options". Click on the "Security" tab then "Personalize security settings". Under the "Cookies" heading, choose "Request" or "Deactivate" to activate either of these options.
- Version 6 or 7: On the menu bar, click "Tools". (In version 7, access the "Tools" menu in the top right corner of the browser screen.) Choose "Internet Options" and click on the "Confidentiality" tab. Click on the "Advanced" button and choose "Refuse" or "Request" from the two sub-menus displayed.
2. Netscape :
- Navigator 9 : On the menu bar, click "Tools" on Windows systems (or the "Edit" menu followed by "Options" on Linux and Mac OS X systems). Choose "Confidentiality", then select your preferred setting from the "Cookies" menu.
- Communicator 4.x: Choose the "Modify" menu, then "Preferences". Click on the "Advanced" option. Select the "Cookies" menu and choose your preferred setting.
3. Firefox (Mozilla) :
- Version 2 or 3 : On the menu bar, select "Tools" followed by "Options". Click on the "Privacy" tab. Find the "Cookies" section in the window that opens and either tick the box marked "Allow sites to create cookies" or choose "Request each time" from the drop-down menu marked "Save Cookies".
4. Safari :
- Select the "Edit" menu followed by "Options". Click on "Security Settings" and choose your preferred setting.
5. Opéra :
- Version 7 : Select the "Tools" menu followed by "Preferences". Click on "Privacy", then choose your preferred setting.
- Version 8 or 9 : Select the "Tools" menu followed by "Preferences". Click on the "Advanced" tab followed by "Cookies" to choose your preferred setting.
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