GENERAL TERMS AND CONDITIONS OF USE REGARDING THE SERVICES AVAILABLE ON THE WEBSITE WWW.BACKPACKMOJO.COM

1. Terms

These Terms of use have the purpose of defining the conditions according to which you may use the services ( « Services ») available on the website www.backpackmojo.com (the « Site »). « you » is used to refer to any user of one or more of the Services. While using the Services and the Site, you might encounter more specific terms of use which act as supplement to the present terms and, in case of contradiction, prevail on the latter.

2. Operator of the Site and the Services

The Site and the Services are operated by TRIP NATION SAS ( « TRIP NATION » or « we ») a corporation registered in RCS Versailles under the identification number 532 446 655. TRIP NATION Headquarters are located at 6, Rue du Marechal Gallieni, 78430, LOUVECIENNES, France.

3. Exclusive dedication of the Site and the Services to Individuals

The Site and the Services are exclusively dedicated to Individuals and do not accept professionnal entities (any physical or moral entity having a non occasional paid activity in the Travel and Tourism industry. TRIP NATION has the right to suspend or terminate your account at any time and without notice if it breaches this term.

4. Acceptance of these Terms of Use

By using the Services, you agree to be bound by these Terms and Conditions without limitation or qualification, and acknowledge having read them entirely. There will be no partial agreement tolerated when using the Services. If you don't agree with these Terms and Conditions, you are not allowed to access the Site and use the Services.

5. Registration to the Services

To be able to access the Services of the Site, you are required to :

I. Fill a registration form by entering all the information required and certify that you only enter true, accurate, up to date and truthful data. You also agree to notify TRIP NATION should any of the above mentionned information change, by using the contact information listed in article 14 of these Terms. If any information proves to be false, inaccurate, out of date or incomplete, TRIP NATION has the right to suspend or terminate your account at any time without notice;
II. Choose a username and a password that you have the ability to modify at any time and without external help. It is recommended that you do it frequently.
Subscribing to the Services atomatically creates an account under your name that grants you access to a personnal section on the website according to what TRIP NATION sees as appropriate to deliver the Services.

6. Strictly personnal use of the Services

Only one account can be created by a single individual. Is considered the User of the Services that require a registration, the person whose personal information fits those given on the subscription form, excluding all other third parties. You therefore agree to use the Services yourself, and not to allow any third party to use it for you or on your behalf, except if you bear the responsibility for their actions. You are equally responsible for maintaining the confidentiality of your username and password. In case of a breach of the Terms listed in this paragraph, TRIP NATION has the right to suspend or terminate your account at any time and without prior notice. If you notice that your account has been used without your knowledge, you are required to contact TRIP NATION immediately, using the contact information in the Article 14 of these Terms and Conditions. You give TRIP NATION the right to take every appropriate measure in such cases.

7. Free Services

Apart from the Print on Demand service that has its own Terms, the services are provided free of charge, provided that you bear the expenses of Internet access and the cost of your communications.

8. Description of the Services

TRIP NATION is offering you the following Services with their specific conditions :

8.1 Personal Travel Guides

8.1.1 Purpose of the Service

The Site gives you the ability, with prior registration and under the conditions and limitations herein set forth, to create and publish one or more personal Travel Guides (the "Guide") on the Site using your personal Content (photos, text) as well as some Content from Backpackmojo.com databases (Hostels, locations, hotspots). The Form and Technical means available for you to create your Guide, as well as the form of the final Guide, are those that TRIP NATION considers most appropriate to provide the Service.

8.1.2 Your Obligations and Warranty by creating and publishing a Guide

You are entirely responsible for the edition of your Guide. No dilligence of any kind will be conducted by TRIP NATION and moderation will be bound to reports from other Users of the Site.
As an Author of a Guide on backpackmojo.com, you guarantee TRIP NATION that :

- You are the sole owner of all intellectual property rights related to the contents in your Guide and, if not, that you have acquired all authorizations, licences, and concessions for sharing them on the Site on the part of all authors and all holders of the rights of all or part of the Content;
- You have obtained the permissions from any person whose image is contained in the Content of your Guide, or any person holding the authority to consent;
- You have obtained all necessary permissions from any person whose property is contained in the Content of your Guide.
- You are not breaking in a general way any rights of a third party, whatever the nature or cause, by publishing the Content of your Guide.

You declare and expressly warrant to TRIP NATION that all Content included in your Guide is exclusively personal, that it is legal, does not affect morality or public order, and does not violate any Law or Regulation, including of criminal nature.
If you fail to comply with one or more of the provisions mentionned in this article, TRIP NATION has the right to suspend or terminate your account, as well as the right to delete any illicit content from your Guide, or delete your Guide from the Site databases, as well as the right to take all appropriate measures in its Capacity as host of your Content, upon simple claims of third parties.

8.2 Messaging Service

The Site gives you the ability, with prior registration and under the conditions and limitations herein set forth, to send private messages to other members of the Site. This Messaging service exists under the form and technical means that TRIP NATION considers most appropriate to provide the Service.

8.3 Questions and Answers Service

8.3.1 Purpose of the Service

The Site gives you the ability, with prior registration and under the conditions and limitations herein set forth, to ask questions about a certain location on the webpage dedicated to this location, and to answer the questions asked by other members of the Site.

8.3.2 Your obligations and waranty when using the Questions and Answers Service

You are entirely responsible for your words in the discussion threads of the Questions and Answers service. TRIP NATION does not take moderation or diligence of any kind prior to your posting. You agree not to hold abusive, libelous, derogatory, racist, unethical, non moral, detrimental to public order words and, more generally, any Content that would violate the law and / or regulations, including of a criminal nature.
If you fail to comply with one or more of the provisions mentionned in this article, TRIP NATION has the right to suspend or terminate your account, as well as to delete illicit messages, as well as the right to take all appropriate measures in its Capacity as host of your Content, upon simple claims of third parties.

8.4 Photo albums Services

8.4.1 Purpose of the Service

The Site gives you the ability, with prior registration and under the conditions and limitations herein set forth, to upload more pictures in the Photo albums automatically created when you create a Guide. This Photo album service exists under the form and technical means that TRIP NATION considers most appropriate to provide the Service.

8.4.2 Your obligations and waranty when using the Photo Album Service

You are entirely responsible for the Pictures you upload. No dilligence of any kind will be conducted by TRIP NATION and moderation will be bound to reports from other Users of the Site.
By uploading pictures in any album of the Site, you guarantee TRIP NATION that :

- You are the sole owner of all intellectual property rights related to the pictures you upload and, if not, that you have acquired all authorizations, licences, and concessions for sharing them on the Site on the part of all authors and all holders of the rights of all or part of the Content;
- You have obtained the permissions from any person whose image is contained in the pictures of your albums, or from any person holding the authority to consent;
- You have obtained all necessary permissions from any person whose property is contained in the pictures of your photo albums.
- You are not breaking in a general way any rights of a third party, whatever the nature or cause, by uploading the pictures in your albums.

You declare and expressly warrant to TRIP NATION that all pictures uploaded in your photo albums are exclusively personal, that they are legal, do not affect morality or public order, and do not violate any Law or Regulation, including of criminal nature.
If you fail to comply with one or more of the provisions mentionned in this article, TRIP NATION has the right to suspend or terminate your account, as well as the right to delete any illicit picture from any of your Photo album, or delete any photo album from the Site databases, as well as the right to take all appropriate measures in its Capacity as host of your Content, upon simple claims of third parties.

8.5 Personal message board

8.5.1 Purpose of the Service

The Site gives you the ability, with prior registration and under the conditions and limitations herein set forth, to post messages on a personal message board that appears on your Profile page. The messages will be seen by every user of the Site that follows your profile. This Personal message board service exists under the form and technical means that TRIP NATION considers most appropriate to provide the Service.

8.5.2 Your obligations and waranty when using the Personal message board Service

You are entirely responsible for your words on your Personal message board. TRIP NATION does not take moderation or diligence of any kind prior to your posting. You agree not to hold abusive, libelous, derogatory, racist, unethical, non moral, detrimental to public order words and, more generally, any Content that would violate the law and / or regulations, including of a criminal nature.
If you fail to comply with one or more of the provisions mentionned in this article, TRIP NATION has the right to suspend or terminate your account, as well as to delete illicit messages, as well as the right to take all appropriate measures in its Capacity as host of your Content, upon simple claims of third parties.

9. Purpose of the Services and Transfer of Rights

The purpose of the services is to facilitate the pre-travel inspiration process and the post-travel sharing process through the content that you agree to post in your Personal travel guides (pictures, text), your answers to questions asked by community members on destination pages, your comment on guides, and your messages on your personnal messaging board on your Profile page.
You acknowledge and agree that, by entering your content (your « Content »), editorial as well as your photographs, videos, opinions and comments on the Site, you intend to participate voluntarily and freely to promote the diversity of information and opinions on the internet in the spirit of a community exchange, and in particular :

- You agree that your Content can be distributed by TRIP NATION free of charge on the Site and all international websites from companies with which TRIP NATION has signed agreements, and renounce to ask TRIP NATION for any remuneration, fee, financial compensation or any other type of compensation regarding your Content.
- You agree that your Content, if reproduced on a foreign site, can be translated in any language
- You agree that your Content will remain on the Site and on all websites from companies with which TRIP NATION has agreements for the entire time TRIP NATION deems necessary. TRIP NATION has the right to delete and reuse your Content at any time and at its sole and unfettered discretion.

You agree that TRIP NATION has the right and ability to erase from the Site any Content it deems inappropriate and/or maladjusted to the purpose of the Services, as described in this article.
You equally agree to transfer to TRIP NATION, on a free of charge and non-exclusive basis, for the entire world and legal term of Copyrights, the economic rights of your Content. This transfer includes the Right to reproduce and display on any media, in any format, by every existing or future mean, especially the right to represent your Content fully or partially ; the right to translate your Content in any language, the right to change its format and colors, the right to save, synchronize and compile your Content with any speak-over and music in any audovisual production ; the right to transfer the Content to any third party all or part of the Rights listed in this article.

10. Advertising

You agree that TRIP NATION has the right to insert the Backpackmojo trademark on any of your Content on the site as well as to associate to your Content any promotional or advertising message under the form that TRIP NATION deems acceptable. Further more, you are aware that TRIP NATION can broadcast any promotional or advertising content on the Site.

11. Non-commercial use of the services

You agree not to monetize, sell or transfer all or part of your access to the Services, to the Site servers and to the information that is hosted and/or shared on this Site. In case of a breach to this rule, TRIP NATION has the Right to close your account at any time and without notice, as well as to initiate any legal action it deems appropriate.

12. Intellectual property

Systems, software, structures, infrastructure, databases and content (text, images, video, music, logos, trademarks, etc .) operated by TRIP NATION within the Site are protected by intellectual property rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, dissemination and use of any of the Site components, in whole or in part without permission from TRIP NATION is strictly prohibited and will lead to prosecution. The only exception provided by Law is the private copy: a copy of these elements for your exclusive personal use and for non-commercial purposes.

13. Prohibited conduct

The following behaviors are strictly prohibited and will lead to prosecution:

- Any behavior likely to interrupt, pause, slow down or prevent the continuity of the Services
- Any intrusion or attempted intrusion into TRIP NATION's systems
- Any diversion of the Site System's ressources
- Any action likely to impose a disproportionate load on the Site infrastructures
- Any infrigement of Security and Authentification measures
- Any act likely to prejudice the rights and financial, commercial and moral interests of TRIP NATION and/or the users of the Site

In case of a breach of any of these provisions or any breach of Law and Regulations, TRIP NATION has the right to suspend or terminate your account at any time and without notice, as well as to initiate any prosecution it deems appropriate.

14. Contact information

If you have any question about the Site and/or the Services, any information you would like to give us or any comment to make, excluding complaints (see article 16), you can contact us using the following e-mail address:
contact@backpackmojo.com

15. Disclaimer of Warranty and Responsibility of TRIP NATION

The Services provided on the Site are provided as they appear. TRIP NATION makes no warranty, express or implied, in particular :

- that the Services are free from errors, defects and faults for they are under permanent development.
- that the Services will comply to your specific needs and expectations, for they are standard and are not provided according to your specific constraints.
- that the Site and the Services will be uninterrupted, for TRIP NATION has the right to interrupt the Services for maintenance reasons and can not be held responsible for Internet Network failure or your ISP failure.

16. Complaints

Any action committed on the site that is harmful to you is eligible for a complaint to TRIP NATION. Complaints must be sent to the following address :

TRIP NATION SAS
62 Rue Tiquetonne
75002 PARIS
FRANCE
or the following e-mail address :

contact@backpackmojo.com
It is required that the complaint include the notification date, the identity of the complainant (if an individual : his last name, first name, occupation, residence, nationality, date and place of birth; if a corporation: its name, location of its headquarters and its legal counsel), the name and residence of the recipient, the description of the facts and their precise location, the reasons why the content should be removed (including legal justifications), as well as a copy of the correspondance addressed to the author of the disputed content requiring its interruption, withdrawal or modification, or justification for why the author or publisher could not be contacted.

17. Personal Data

You acknowledge and agree that the management of the Services involves the processing of your personal data. TRIP NATION is committed to protecting your data which is treated with the strictest confidentiality and utmost care. All Personal data collected will be used under the conditions described in the Privacy Policy available on the Site.

18. Governing Law and Jurisdiction

These Terms and Conditions are governed by French Law. In case of a dispute about the interpretation and/or execution, the parties agree that the Courts of Paris (France) shall have exclusive jurisdiction to judge it, unless mandatory rules of procedures require otherwise.

19. Modifications

TRIP NATION has the right, at its discretion, to modify all or part of the Services and the provisions of these Terms and conditions of Use at any time. TRIP NATION also has the right to erase Services. No complaint regarding these rights will be accepted.
You will be informed by e-mail or any other mean of the modifiction of the Services and/or of theses Terms and Conditions of Use and invited to read the new terms before you use the Services again.
If you don't agree with the modifications made by TRIP NATION, you must express your refusal by e-mail using the address listed in the contact section of these terms (article 14), and refrain from using the Site and the Services in case your Use is affected by the modifications to which you don't agree. If necessary, TRIP NATION has the right to suspend or terminate your account.
In the absence of an explicit refusal on your part or if, despite your refusal, you keep on using the Site or the Services affected by the modifications, you will be deemed to have accepted the modifications and you will be bound by the changes.

20. Effective Date

These terms and conditions of Use were last revised on October 19th 2011.