General Conditions of Use

Aypioss.com is an on-line yacht and villa sale and rental service operated by AYPIOSS Yachts & Properties on the World Wide Web of the Internet, consisting of information services and content provided by Aypioss.com, affiliates of Aypioss.com and other third parties. Access to the http://www.aypioss.com site (hereinafter called "Aypioss.com"), consultation and use thereof are subject to unconditional acceptance of these General Conditions for Use.

Site editor

AYPIOSS Yachts & Properties is the "Aypioss.com" site editor.

AYPIOSS Yachts & Properties, whose registered offices are located at 70 imp des Fauvettes, 83310 GRIMAUD, is registered with the St-Tropez Trade Register under number 414 180 836. The intra-community VAT number is: TVA FR 68 414 180 836.

The Director of Publication for the "Aypioss.com" site is Mr. William Rizzo.

The editor's telephone number is: +33 (0)6.07.61.25.86. The e-mail address is: info@aypioss.com

The "Aypioss.com" site is hosted by Prosodie, 150 rue Galliéni, 92100 Boulogne-Billancourt. The hosting company's phone number is: +33 (0)1 46 84 11 11

Intellectual property

Copyrights and related rights

All elements comprising the "Aypioss.com" site (texts, graphics, software, photographs, images, sounds, maps, names, logos, trademarks, miscellaneous copyrightable creations and works, databases, etc.), as well as the site itself, are covered by French and international legislation on copyrights and rights related thereto.

These elements are the exclusive property of AYPIOSS Yachts & Properties, except for elements produced by parties outside "Aypioss.com" who have not ceded their copyrights or related rights.

Consequently, the user of "Aypioss.com" notably agrees not to:

• use or question "Aypioss.com" for a third party;
• reproduce multiple copies, whether for commercial purposes or not, of creations, information, classified advertisements or photographs present on "Aypioss.com";
• integrate all or part of the content of "Aypioss.com" into another site, whether for commercial purposes or not;
• use a robot, notably for exploration (spider), an internet site search or recovery application or any other means of recovering or indexing all or part of the "Aypioss.com" site's content, except in case of express prior authorization from AYPIOSS Yachts & Properties;
• copy information onto supports of any kind in order to reconstitute all or part of the original files.

Any unauthorized use, reproduction, representation or adaptation of any original page or form element from the "Aypioss.com" site constitutes an infringement engaging the offender's civil and penal liability. It may also lead to a violation of rights of personal portrayal, individual rights or any other applicable rights and regulations.

AYPIOSS Yachts & Properties reserves the possibility of using all legal channels against those persons who do not comply with the prohibitions contained in the present article.

Rights of the database producer

AYPIOSS Yachts & Properties is the producer of the database comprising the "Aypioss.com" site, as meant by Article L 341-1 et seq. of the French Code of Intellectual Property. Any extraction or use of the content of the database not expressly authorized may engage its offender's civil and/or penal liability. AYPIOSS Yachts & Properties reserves the possibility of using all legal channels against those persons who do not comply with this prohibition.

Trademark rights

The "Aypioss.com" name and logotype are registered trademarks owned by AYPIOSS Yachts & Properties. Any use thereof without express authorization may engage the offender's civil and/or penal liability. AYPIOSS Yachts & Properties reserves the possibility of using all legal channels against those persons infringing upon its rights.

Protection of personal data

In compliance with French Law No. 78-17 of 6 January 1978, referred to as the "Information Technologies and Civil Liberties" law:

• all personal data collected through "Aypioss.com" site have been declared with France's Commission Nationale de l'Informatique et des Libertés (C.N.I.L.);
• all internet users have the right to access and correct data concerning them at all times. They can request for these data to be modified, completed, clarified, updated or deleted provided they are inaccurate, incomplete, ambiguous, expired, or in case their collection, use, diffusion or conservation is prohibited. This right can be exercised by postal mail sent to AYPIOSS Yachts & Properties:
• Address: AYPIOSS Yachts & Properties – 70 imp des Fauvettes – 83310 Grimaud – France
• E-mail address: info@aypioss.com

Responsibilities

AYPIOSS Yachts & Properties refuses any responsibility:

• if "Aypioss.com" access is interrupted for technical maintenance operations or updates of the information published;
• if access to "Aypioss.com" (and/or sites linked thereto) is temporarily impossible due to technical problems, whatever the origin or source;
• if direct or indirect damage of any kind is caused to the user as a result of the content, access or use of "Aypioss.com" (and/or sites linked thereto);
• if abnormal use or unlawful exploitation is made of "Aypioss.com". A "Aypioss.com" user is solely responsible for any damages caused to third parties and the consequences of claims or legal proceedings which may result. The user also gives up all right to any recourse against AYPIOSS Yachts & Properties if legal proceedings are undertaken against him by a third party due to unlawful exploitation and/or use of the site;
• if a "Aypioss.com" member loses his identifier and/or password or if his identity is stolen.

AYPIOSS Yachts & Properties reserves the possibility of using all legal channels against those persons who do not comply with the prohibitions relative to Articles 323-1 to 323-7 of the French Penal Code, and notably those who fraudulently access all or part of an automatic data processing system of the "Aypioss.com" site.

Hypertext links

Links from the "Aypioss.com" site

The "Aypioss.com" site may contain hypertext links to sites operated by third parties. These links are provided for informational purposes only. AYPIOSS Yachts & Properties has no control over these sites and refuses any responsibility for access, content or use of these sites, or for damages which may result from consulting the information presented on such sites. If the internet user decides to activate these links, he does so under his full and total responsibility.

Links to the "Aypioss.com" site

No hypertext link to the "Aypioss.com" site may be created without express prior authorization from AYPIOSS Yachts & Properties.

If any internet user or legal entity wants to create a hypertext link to the "Aypioss.com" site from their site, they must first contact AYPIOSS Yachts & Properties at the address indicated in point 4. The interested party will be informed as to whether their request is accepted.

Cookies

In order to facilitate navigation on « Aypioss.com », cookies can be saved on user's computer in order to, for instance:

• save search criteria,
• remain identified for the next session.

Cookies are non-executable files dropped on user's computer while he is surfing on a website. These files are anonymous and are not aimed at collecting user's personal data.

Should a user not wish to accept cookies' implementation he could set his browser to refuse them. However, this could disturb the use of "lux-residence.com" site.

Editorial content and other services provided

Articles and practical information on the real estate and yachting field are made available to internet users on the "Aypioss.com" site for informational purposes only.

AYPIOSS Yachts & Properties would like to draw its internet users' attention to the risks inherent to any real estate or yachting operation. Using the information and services proposed on the "Aypioss.com" site is the internet user's sole responsibility. The internet user remains solely responsible for any commitments he/she accepts.

AYPIOSS Yachts & Properties does not guarantee the completeness, exactness, update and exhaustiveness of the information and services provided. AYPIOSS Yachts & Properties applies all resources available to it to provide internet users with high-quality content.

Consequently, AYPIOSS Yachts & Properties, its partners or staff cannot be held responsible for any damages of any kind resulting from the information and services offered on the site.

Changes to the General Conditions of Use

AYPIOSS Yachts & Properties reserves the right to change the General Conditions of Use for the "Aypioss.com" site freely and at any time. Each internet user connecting to the "Aypioss.com" site is requested to consult the conditions of use regularly to learn of any changes made thereto. Repeated use of the site as changes to these conditions of use are made constitutes acceptance of the applicable General Conditions of Use by each user.

Competent Court – Applicable Law

Any litigation which may arise concerning the subject of the validity, interpretation, acceptance and execution of the present, whatever the place of subscription or payment, shall lead the parties to seek an amicable settlement. If such settlement is not reached within three (3) months, the courts at Draguignan alone shall be competent, even in case of introduction of third parties or multiple defendants, for emergency, restraining, injunction or application procedures.

These general conditions are subject to French law which determines what law applies on a case-by-case basis. If there is no contrary mandatory provision or if a choice is necessary to determine which law is applicable, French law shall apply.