TERMS AND CONDITIONS OF USE
Please read these terms carefully before using Explorest.
The materials located at www.explorest.com, all subdirectories, and the associated mobile application (collectively the “App”), are provided by Explorest, Inc (“Explorest”) as a service to its customers and may be used for informational purpoqses only. By using the App, creating an account, purchasing and/or using products and services from this App, or downloading any materials from this App, you (the “User”) agree to these Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, do not access or otherwise use the App.
Explorest reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding on you. Because these Terms are binding upon you in connection with any use you make of the App at any time, you should regularly check for changes before proceeding to use this App.
The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.
Contributors means Individuals or parties who contribute PLIs to the App. Contributors are merely contributors to the App and are not Explorest’s employees or agents https://www.explorest.com/legal/contributor.html .
Photograph Location Insights (PLIs) means photography location information intended to assist Users in discovering new places to visit and shoot photography (“Photo Location Insights” or “PLIs”). PLIs are created by Contributors and include information about directions to the location, the best time to visit, photography tips, and other additional information about the associated photograph.
User Materials means any and all materials (including User- and visitor-generated materials, but excluding Photographs as defined in the Contributor Agreement https://www.explorest.com/legal/contributor.html) submitted to Explorest either via email, comment forms, or any other page hosted at this App or its content aggregation systems.
App Content and Intellectual Property
The purpose of Explorest is to provide highly personalized location guides written by Contributors on where and how to photograph the most amazing places in the world. Explorest is a marketplace where Users can view photographs of travel locations and purchase information about those locations from Contributors. Sometimes Users become Contributors, and sometimes Contributors become Users. These Terms apply to the User experience, but you can read the Contributor Agreement here https://www.explorest.com/legal/contributor.html
This App and all its Content are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the App and Content are owned or licensed by Explorest and/or its affiliated companies. Some Content is created by Contributors who are not employees or agents of Explorest.
EXPLOREST and E EXPLOREST & Design are trademarks or registered trademarks of Explorest and its subsidiaries in the United States and other countries. These trademarks may not be used without express permission from Explorest.
Explorest grants you a limited, nonexclusive, nontransferable, non-sublicensable, right and license to access and use the App and its Content for purposes of general browsing, providing User information, submitting comments, and/or conducting business with Explorest. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, frame, embed, distribute, publish, disseminate, transmit, store, sell, or use the App and/or the Content for any purposes or in any manner other than as intended and expressly authorized in writing by Explorest; (ii) attempt to remove from the App, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, frame, embed, or decompile any software or other Content on the App; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the App or its Content. You may not reproduce any Content on your personal website, blog, social network, or any other online resource without Explorest’s express written permission or as allowed by any license terms entered into with Explorest. Explorest may terminate this license at any time if you are in breach of these Terms. Upon termination, you will immediately destroy and make no further use of any downloaded materials or Content, and upon request, you will certify this to Explorest in writing.
You must be at least 18 years of age, or at least 13 years of age and have your parent or guardian’s consent, to view any page or other correspondence or Content from this App. You understand, acknowledge and agree that Explorest cannot and shall not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing to, of any Content on this App.
You acknowledge that some areas of the App may from time to time be restricted and accessible only to certain Users via password. As part of the registration process, each User will submit his or her email address and select a password. You shall provide Explorest with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You agree to access and use only those areas of the App that have been authorized for your use and to refrain from using any password or account information of any third party. You agree to immediately notify Explorest of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. You agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
You must not use this App in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are prohibited from posting or transmitting to this App any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on App. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the App infrastructure. Doing so may result in termination of your account.
Terms of Sale
All products and services on the App, including Photo Location Insights, are sold by Explorest through a third party such as Apple or Google (“Third-Party Platform”). Your terms of sale will be governed by the Third-Party Platform’s terms and conditions. All prices are quoted in the currency specific to your location. Where these Terms and the Third-Party Platform’s terms conflict, the terms of the Third-Party Platform control.
You represent that all information provided to Explorest when you place an order through this App will be accurate, complete, and current. You are responsible for paying any applicable taxes and processing charges relating to any purchase you made through this App. The availability and pricing of Explorest’s products and services is subject to change without notice.
You must request a refund within thirty (30) days of placing an order. To request a refund, please contact firstname.lastname@example.org. Please note that if Explorest believes you are abusing this refund policy, Explorest reserves the right to refuse the refund, suspend or terminate your account, or restrict current or future use of this App.
These Terms of Sale are subject to change without prior written notice at any time and at Explorest’s sole discretion. By placing an order for products or services through the App, you agree to be bound by and accept these Terms in effect at the time of such order.
User Submissions and User-created content
Except as otherwise agreed in writing by an authorized Explorest representative, any and all User Materials will be considered non-confidential and non-proprietary. You hereby assign to Explorest the right to use, reproduce, publish, distribute, compile and display any User Materials submitted by you as Content on the App. You waive any claim you have or may have under any theory of natural rights, including Droit Morale, or any right of attribution under the copyright law of any jurisdiction with respect to those User Materials, to the extent this waiver is recognizable under the law of the relevant jurisdiction. Explorest reserves the right to alter, remove, re-post, re-purpose, market, or trade any such User Materials. Explorest will have no obligations with respect to such materials. By submitting or transmitting User Materials, you hereby confirm that your contribution of any such material is your own original work and does not infringe any third-party rights or laws. Please note that all User Materials submitted may be viewable to anyone on the Internet, and may be found via search engines. Please be mindful of what you post.
Explorest does not guarantee in any manner the reliability, validity, accuracy or truthfulness of User Materials. Explorest may, but is not obligated to, monitor or review any areas on the App where Users transmit or post communications or communicate solely with each other, including but not limited to direct messaging and any other User areas, and the content of any such communications. Explorest, however, will have no liability related to the content or use of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Explorest, in its sole discretion and without any prior notice or liability to any User or visitor, reserves the right to shut down any User areas or to disable the functionality for Users to transmit or post communications or to communicate with each other, and/or to remove any materials or User- or visitor-generated communication that Explorest deems to be offensive, unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party right or law.
Notification of Copyright Infringement
Explorest respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement. Notices should be submitted to:
The Sladkus Law Group
1827 Powers Ferry Rd
Bldg 6, Suite 200
Atlanta, GA 30339 USA
email@example.com and / or firstname.lastname@example.org
To be effective, the notice should include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Explorest to locate the material on the App;
- Information reasonably sufficient to permit Explorest to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Visitors who use this App and rely on any information do so at their own risk. THIS SITE AND ALL MATERIALS AND CONTENT, INCLUDING PURCHASES OF EXPLOREST PRODUCTS OR SERVICES FROM THIS SITE, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL EXPLOREST OR ITS OWNERS, AFFILATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, MATERIALS OR IDEAS ON THE SITE, EVEN IF EXPLOREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF EXPLOREST, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR EXPLOREST PRODUCTS AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EXPLOREST FOR ACCESS TO OR USE OF THE SITES OR EXCEED THE PURCHASE PRICE FOR EXPLOREST PRODUCTS AND SERVICES. YOUR REMEDIES WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE ARE TO (1) TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE or (2) REQUEST A REFUND OF THE PURCHASE PRICE FOR SUCH PRODUCTS. WITH RESPECT TO PRODUCTS SOLD THROUGH THIS APP, REFUNDS MUST BE REQUESTED WITHIN 30 DAYS OF PURCHASE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Explorest and its agents or contractors further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within this App or its Content. Explorest may make changes to this App or its Content at any time without notice.
Some Content found on the pages of this App is created by members of the public and by Contributors. The views expressed are theirs and unless specifically stated are not those of Explorest.
The information on this App is intended solely for educational and entertainment purposes.
By using this App, you hereby forfeit any and all claims, past, present, and future, relating to your use of this App and its Content, against the owners, officers, directors, agents, contractors, editors, contributors, administrators, and other staff of Explorest.
Explorest is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or information expressed within those websites.
Viruses, Damage and Availability
Explorest makes no warranty or claim that functions available on this App will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the Content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any Content from this App.
Limited Liability and Indemnification
Explorest and its officers, employees, contractors, or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any Content, information, function, or service this App or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).
You agree to indemnify, defend and hold harmless Explorest, its contractors, licensors, directors, officers, owners, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of these Terms.
Though Explorest makes a reasonable effort to maintain the resources of this App, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. Explorest makes no commitment to update the materials or ideas contained within this App or its attached documents.
This App is a platform for Users and Contributors. Contributors are not employees or agents of Explorest. Users and Contributors may from time to time share personally identifiable information through this App, including website addresses and social media account information. Explorest is not liable for interactions between Contributors and Users, including interactions resulting from information shared in PLIs or via direct messaging. Additionally, PLIs may contain information about a location with restricted physical access. Explorest is not responsible for Users who trespass or otherwise violate policies set forth by owners or custodians of the real property described in any PLI. Explorest accepts no responsibility for any loss or harm incurred from the use of this App or any of its Content, including disputes, claims, losses, injuries, or damage of any kind that arises out of conduct of Users or Contributors, including but not limited to any reliance on information provided in PLIs.
The laws of the United States will apply to any dispute related to these Terms. Any dispute related to the Terms or the App itself will be decided by the appropriate state or federal courts in the United States, and each party will be subject to the jurisdiction of those courts.
These Terms and other policies posted on this App constitute the entire agreement between you and Explorest in connection with your use of this App and its Content, and supersedes any prior agreements between you and Explorest regarding use of this App, including prior versions of these Terms.
Explorest reserves the right at its sole discretion to restrict your access to the App, suspend or terminate your account and/or subscription to the email list. Termination will be effective without notice. In the event of termination, the disclaimers, protection of Explorest’s Intellectual Property, limitations of liabilities and indemnification set forth in these Terms will survive. These Terms and Conditions will be deemed to include all other notices, policies, disclaimers and other terms contained in this App, except that in the event of a conflict between such other terms and the terms of these Terms, these Terms and Conditions will control.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Explorest reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership or joint venture between you and Explorest. The failure of Explorest at any time or times to require performance of any provision in these Terms shall in no manner affect its right at a later time to enforce the same unless waived in writing.
If you have any questions or concerns about these Terms or the App, including information on refunds, cancelations, or renewals, please contact us at email@example.com.
These Terms and Conditions were last updated on April 11th, 2018.