Terms & Conditions

Read our terms and conditions.

Last modified: January 16, 2024

1. Acceptance of the Terms and Service

These Terms of Use and Service, together with any documents or other terms and conditions or agreements expressly incorporated by reference (collectively, the “Terms”), constitute a legally binding agreement between you, or any company you represent (collectively, “You,” “you,” or “User”), and Exotic, Flym & CO SASU. The Terms govern all User access to and use of https://exotic-deal.com/, and any other Exotic website or client portal (collectively, the “Websites”), any Exotic mobile or desktop apps (the “Apps”), and any content, functionality, technology solutions and services offered on or through the Websites or Apps, including the free and paid subscription services (collectively, the “Services”), and the purchase of products or goods (the “Goods”) available through the Websites or Apps. The Websites, Apps and Services are collectively referred to as the "Exotic Platform".”

Please read the Terms carefully before you start to use the "Exotic Platform". By using the "Exotic Platform" in any way (including by viewing or browsing the Website, using the Apps, subscribing to Services, or viewing any Service’s communications (including emails from Exotic), or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the Exotic Privacy Policy, found at https://exotic-deal.com/privacy-policy/ and incorporated herein by reference.

This "Exotic Platform" is offered and available to users who are 18 years of age or older. By using the "Exotic Platform", you represent and warrant that you are of legal age to form a binding contract with Exotic and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the "Exotic Platform".

2. Changes to the Terms

Exotic may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Exotic posts them and apply to all access to and use of the "Exotic Platform" thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the "Exotic Platform".

Your continued use of the "Exotic Platform" following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Accessing the "Exotic Platform" and Account Security

Exotic reserves the right to withdraw or amend the "Exotic Platform", and any service or material provided on the "Exotic Platform", in Exotic's sole discretion without notice. Exotic will not be liable if for any reason all or any part of the "Exotic Platform" is unavailable at any time or for any period. From time to time, Exotic may restrict access to some parts of the "Exotic Platform", or the entire "Exotic Platform", to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the "Exotic Platform". Ensuring that all persons who access the "Exotic Platform" through your internet connection are aware of these Terms and comply with them. To access the "Exotic Platform" or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the "Exotic Platform" that all the information you provide on the "Exotic Platform" is correct, current and complete. You agree that all information you provide to register with the "Exotic Platform", post on the "Exotic Platform", or otherwise, including but not limited to through the use of any interactive features on the Exotic Flights Platform, is governed by the Exotic Privacy Policy, and you consent to all actions Exotic takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Exotic security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the "Exotic Platform" or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Exotic immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name (including an email address used as a user name) of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Exotic in its sole discretion deems offensive.

Exotic has the right to disable any user name, password or other identifier, whether chosen by you or provided by Exotic, at any time in its sole discretion for any or no reason, including if, in Exotic's opinion, you have violated any provision of these Terms.

4. Intellectual Property Rights

The "Exotic Platform" and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Exotic, its licensors or other providers of such material and are protected by French and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the "Exotic Platform", including all Services, solely for your personal, non-commercial use only. If you wish to make commercial use of any of the materials accessed through the "Exotic Platform", or wish to make materials public in any way, you must obtain prior express written consent from Exotic. Without limiting the generality of the foregoing, the following are types of uses that Exotic expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the "Exotic Platform", including the Services and any communications received via the Services; (2) any derivative works based at least in part on the "Exotic Platform" and Services; and (3) any collective work that includes any part of the "Exotic Platform", including the Services and any communications received via the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the "Exotic Platform", except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If Exotic provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Exotic's end user license agreement for such applications. You must not:

Modify copies of any materials from the "Exotic Platform", including the Services. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the "Exotic Platform". Except as otherwise agreed to between you and Exotic, you must not access or use for any commercial purposes any part of the "Exotic Platform" including any Services or materials available through the "Exotic Platform".

If you wish to make any use of material on the "Exotic Platform" other than that set out in this section, please address your request to: contact@exotic-deal.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the "Exotic Platform" in breach of the Terms, your right to use the "Exotic Platform" will cease immediately and you must, at Exotic's option, return or destroy any copies of the materials you have made. No right, title or interest in or to the "Exotic Platform" or any content on the "Exotic Platform" or provided by the Services is transferred to you, and all rights not expressly granted are reserved by Exotic. Any use of the "Exotic Platform" not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

5. Trademarks

The Exotic name, Exotic logos, and all related names, logos, product and service names, designs and slogans are trademarks of Exotic or its affiliates or licensors. You must not use such marks without the prior written permission of Exotic. All other names, logos, product and service names, designs and slogans on the "Exotic Platform" are the trademarks of their respective owners.

6. Prohibited Uses

You may use the "Exotic Platform", including the Services, only for lawful purposes and in accordance with these Terms. You agree not to use the "Exotic Platform":

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate Exotic, a Exotic employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the "Exotic Platform", or which, as determined by Exotic, may harm Exotic or users of the "Exotic Platform" or expose them to liability. Additionally, you agree not to:

Use the "Exotic Platform" in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the "Exotic Platform", including their ability to engage in real time activities through the "Exotic Platform". Use any robot, spider or other automatic device, process or means to access the "Exotic Platform" for any purpose, including monitoring or copying any of the material on the "Exotic Platform". Use any manual process to monitor or copy any of the material on the "Exotic Platform" or for any other unauthorized purpose without Exotic's prior written consent. Use any device, software or routine that interferes with the proper working of the "Exotic Platform". Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the "Exotic Platform", the server on which the "Exotic Platform" is stored, or any server, computer or database connected to the "Exotic Platform". Attack the "Exotic Platform" via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the "Exotic Platform".

7. User Contributions

The "Exotic Platform" may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the "Exotic Platform".

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the "Exotic Platform" will be considered non-confidential and non-proprietary. By providing any User Contribution on the "Exotic Platform", you grant Exotic and its affiliates and service providers, and each of their and Exotic's respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Exotic and Exotic's affiliates and service providers, and each of their and Exotic's respective licensees, successors and assigns. All of your User Contributions are truthful, accurate, appropriate and comply with applicable law. All of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Exotic, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Exotic is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the "Exotic Platform".

8. Monitoring and Enforcement; Termination

Exotic has the right to:

Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Exotic may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability. Take any action with respect to any User Contribution that Exotic deems necessary or appropriate in Exotic's sole discretion, including if Exotic believes that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the "Exotic Platform" or the public or could create liability for Exotic. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the "Exotic Platform". Terminate or suspend your access to all or part of the "Exotic Platform" for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, Exotic has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Exotic to disclose the identity or other information of anyone posting any materials on or through the "Exotic Platform". YOU WAIVE AND HOLD HARMLESS EXOTIC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Exotic cannot and does not undertake to review all material before it is posted on the "Exotic Platform" and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Exotic assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Exotic has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Exotic's Privacy Policy. Be likely to deceive any person. Promote any illegal activity, or advocate, promote or assist any unlawful act. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. Impersonate any person or misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from or are endorsed by Exotic or any other person or entity, if this is not the case.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Exotic's Copyright Policy set forth below for instructions on sending Exotic a notice of copyright infringement. It is the policy of Exotic to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through the "Exotic Platform" is made available solely for general information purposes. Exotic does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Exotic disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the "Exotic Platform", or by anyone who may be informed of any of its contents.

The "Exotic Platform" may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Exotic, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Exotic. Exotic is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the "Exotic Platform"

Exotic may update the content on the "Exotic Platform" from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the "Exotic Platform" may be out of date at any given time, and Exotic is under no obligation to update such material.

13. Paid and Premium Services, Free Trials and Cancellation Policy

If you purchase any Services from Exotic (the “Premium Services”), you agree to pay the applicable fees and taxes. Failure to pay these fees may result in the termination of the Premium Services. From time to time, Exotic may offer a free trial of Premium Services (a “Free Trial”). After the duration of the Free Trial (the “Free Trial Term”), the Free Trial will automatically become a regular paid subscription to the Premium Services, and Exotic will bill for the first segment of the Premium Services that you have signed up for (i.e. annually) on the 1st day after your Free Trial Term ends unless you cancel during the Free Trial Term. Each User may redeem only one Free Trial. Exotic will issue refunds in its sole discretion. Exotic is under no obligation to issue a refund at any time, but please contact us if you want to discuss your issue.

Exotic has no obligation to notify you when (1) your Free Trial ends or is scheduled to end, or (2) when your account is charged or is scheduled to be charged. To cancel your Free Trial, you may cancel your subscription directly in your account on https://exotic-deal.com. If you do not cancel your Free Trial during the Free Trial Term, you will be billed for the first annual period of Premium Services on the 1st day after the Free Trial Term ends. Our subscription charges are billed annually and are not refundable once they have been charged. We do not issue pro-rated refunds on any unused portion of your subscription.

If you do not cancel any Premium Services prior to the end of the Premium Services term, the Premium Services will automatically renew at the current Exotic rate, and automatically billed and charged to you using the payment method originally used to purchase the Premium Services.

You agree to contact us at contact@exotic-deal.com if there are any billing issues, duplicate charges, etc. before disputing any charges as illegitimate.

14. Exotic For Teams.

If you are an employer (“Employer”) and enter into an agreement with Exotic for the Exotic for Teams employee perk services through the "Exotic Platform" or otherwise (a "Teams Order”), Exotic will provide Employer with individual memberships equal to the number of Authorized Users identified in the Teams Order for a Exotic Premium or Elite Membership for the term set forth in the Teams Order. For purposes of this section, “Authorized Users” means individual employees of the Employer. To access and use the Premium or Elite Membership, Employer must invite each Authorized User via the Authorized User’s Employer email address to the "Exotic Platform" and the email will provide a link that each employee must click to gain access to their membership and require that each Authorized User agree to the Terms and Privacy Policy.

15. Purchase of Goods.

All sales of physical goods (“Goods”) purchased through the "Exotic Platform" are final. Exotic does not offer any returns, exchanges, or refunds.

16. Information About You and Your Visits to and Use of the "Exotic Platform"

All information Exotic collects via the "Exotic Platform", including the Services, is subject to Exotic's Privacy Policy. By using the "Exotic Platform", you consent to all actions taken by Exotic with respect to your information in compliance with the Privacy Policy.

You may link to Exotic's homepage at https://exotic-deal.com/, provided you do so in a way that is fair and legal and does not damage Exotic's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Exotic's part without Exotic's express written consent.

The "Exotic Platform" may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the "Exotic Platform". Send e-mails or other communications with certain content, or links to certain content, on the "Exotic Platform". Cause limited portions of content on the "Exotic Platform" to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Exotic, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Exotic provides with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you. Cause the "Exotic Platform" or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Otherwise take any action with respect to the materials on the "Exotic Platform" that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with Exotic in causing any unauthorized framing or linking immediately to cease. Exotic reserves the right to withdraw linking permission without notice.

Exotic may disable all or any social media features and any links at any time without notice in Exotic's discretion.

18. Links from the "Exotic Platform"

If the "Exotic Platform", including the Services, contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Exotic has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the "Exotic Platform", you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19. Geographic Restrictions

The owner of the "Exotic Platform", Flym & Co SASU, is based in the state of Paris in France. Exotic makes no claims that the "Exotic Platform" or any of its content is accessible or appropriate outside of the EU. Access to the "Exotic Platform" may not be legal by certain persons or in certain countries. If you access the "Exotic Platform" from outside the EU, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting the "Exotic Platform" or using the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the "Exotic Platform", using the Services, and/or communicating electronically with Exotic, you consent to such transfers. If you access the "Exotic Platform" from outside the EU, you do so on your own initiative and are responsible for compliance with local laws.

20. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT EXOTIC AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE "Exotic Platform", INCLUDING THE SERVICES, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO "Exotic Platform" FOR ANY RECONSTRUCTION OF ANY LOST DATA. EXOTIC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE "Exotic Platform" OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE "Exotic Platform" OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE "Exotic Platform", ITS CONTENT AND ANY SERVICES OR GOODS OR OTHER ITEMS OBTAINED THROUGH THE "Exotic Platform", IS AT YOUR OWN RISK. THE "Exotic Platform", ITS CONTENT AND ANY SERVICES, GOODS OR ITEMS OBTAINED THROUGH THE "Exotic Platform" ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EXOTIC NOR ANY PERSON ASSOCIATED WITH EXOTIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE "Exotic Platform". WITHOUT LIMITING THE FOREGOING, NEITHER EXOTIC NOR ANYONE ASSOCIATED WITH EXOTIC REPRESENTS OR WARRANTS THAT THE "Exotic Platform", ITS CONTENT OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE "Exotic Platform" WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT EXOTIC’ WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE "Exotic Platform" OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE "Exotic Platform" WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXOTIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation on Liability

EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL EXOTIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE "Exotic Platform", ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES AVAILABLE THROUGH THE "Exotic Platform", OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE "Exotic Platform" OR SUCH OTHER WEBSITES, AND ANY GOODS PURCHASED THROUGH THE "Exotic Platform", INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification

You agree to defend, indemnify and hold harmless Exotic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the "Exotic Platform", including, but not limited to, your User Contributions, any use of the "Exotic Platform"'s content, Services, Goods and products other than as expressly authorized in these Terms or your use of any information obtained from the "Exotic Platform".

23. Governing Law and Jurisdiction

All matters relating to the "Exotic Platform" and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Paris without giving effect to any choice or conflict of law provision or rule (whether of the State of Paris or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the "Exotic Platform", including the Services and goods obtained through the "Exotic Platform", shall be instituted exclusively in the federal courts of the EU or the courts of the State of Paris in each case located in the City and County of Paris, although Exotic retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Arbitration

By using the "Exotic Platform", in any way, including obtaining Services, Goods, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Exotic arising out of, relating to, or connected in any way with the "Exotic Platform" or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Paris, Paris; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with Exotic; (5) the arbitrator shall apply Paris law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or Exotic. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Exotic shall be entitled to arbitrate their dispute.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE "Exotic Platform", SERVICES, GOODS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Waiver and Severability

No waiver by Exotic of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Exotic to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

27 Entire Agreement

The Terms, Privacy Policy, and any other services agreement between You and Exotic, and any other documents referenced in the Terms, constitute the sole and entire agreement between you and Exotic with respect to the "Exotic Platform", including Services, Goods obtained through the "Exotic Platform", and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the "Exotic Platform", including Services and Goods obtained through the "Exotic Platform".

28. Your Comments and Concerns

The "Exotic Platform" is operated by Flym & Co SASU.

All notices of copyright infringement claims should be sent to the copyright agent designated in Exotic's Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the "Exotic Platform" should be directed to: contact@exotic-deal.com.