Terms and Conditions

Agreement between User and Explory

Welcome to the Explory app and www.explory.com. "Explory" is comprised of the mobile application, Explory, and the web site www.explory.com. Any reference to "Explory", "Site", "domain" and "Services" are referring to both the mobile application and the website. Explory is operated by Exploratory Software, Inc. ("ESI") and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Explory constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Explory is a service for creating and sharing "explories" which are a combination of photos, videos, text, and audio.

Privacy

Your use of Explory is subject to ESI's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Explory or sending emails to ESI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use Explory, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device or computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ESI is not responsible for third party access to your account that results from theft or misappropriation of your account. ESI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ESI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use Explory only with permission of a parent or guardian.

Links to third party sites/Third party services

Explory may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ESI and ESI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ESI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESI of the site or any association with its operators.

Certain services made available via Explory are delivered by third party sites and organizations. By using any product, service or functionality originating from the Explory domain, you hereby acknowledge and consent that ESI may share such information and data with any third party with whom ESI has a contractual relationship to provide the requested product, service or functionality on behalf of Explory users and customers.

Your Rights

You retain your rights to any Content you submit on Explory.

If you choose to share your Content in our public gallery, you hereby grant ESI and our affiliates a worldwide, non-exclusive, royalty-free, fully-paid, transferable, sublicensable license to copy, reproduce, modify, process, publish, transmit, and distribute, that Content in any media format and channels. This license is to give us and our suppliers the ability to share your Content as part of Explory and promote or advertise Explory and these uses may be made with no compensation paid to you. We do not sell or license your Content to any non-affiliated third parties. ESI reserves the right to provide advertising content in conjunction with public Explory Content and this may be provided with no compensation paid to you.

If you share your Content privately, you hereby grant ESI and our affiliates a worldwide, non-exclusive, royalty-free, fully-paid, transferable, sublicensable license to copy, reproduce, modify, process, publish, transmit, and distribute, that Content in any media format and channels to the extend required to share your Content with the recipients you designate. This license is to give us and our suppliers the ability to share your Content with the recipients you designate as part of Explory. We do not sell or license your Content to any non-affiliated third parties.

You acknowledge that any ideas, suggestions, comments and feedback that you provide about Explory become the sole and exclusive property of ESI and ESI is free to use this as we choose with no compensation paid to you.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Explory strictly in accordance with these terms of use. As a condition of your use of Explory, you warrant to ESI that you will not use Explory for any purpose that is unlawful or prohibited by these Terms. You may not use Explory in any manner which could damage, disable, overburden, or impair Explory or interfere with any other party's use and enjoyment of Explory. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Explory, such as "scraping".

All content included as part of Explory, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ESI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content which you do not own, in whole or in part, found on Explory. Explory content is not for resale. Your use of Explory does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ESI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ESI or our licensors except as expressly authorized by these Terms.

Restrictions on Content

All Content in Explory is the sole responsibility of the account holder. ESI does not take any responsibility for Content posted to Explory. ESI reserves the right to refuse to distribute any Content on Explory and to cancel service, terminate user accounts, or remove or edit content in our sole discretion. You may not post Content to Explory that:

Currently, Explory accounts, both free and paid subscriptions, are intended for personal use and is not for commercial promotion. If you are a commercial entity and wish to use Explory for commercial purposes, please contact ESI to enter into a separate licensing agreement.

ESI reserves the right, in its sole discretion, to block or limit access to Content on Explory that exceeds our expectations of normal use.

Copyright Policy

ESI will respect 3rd party copyrights and will respond to notices of alleged infringement in accordance with the Digital Millenium Copyright Act. If you believe that Content on Explory constitutes copyright infringement, please provide ESI (contact information at the end of these Terms) with the following information: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf along with contact information including address, phone number, and email address; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the Content that is claimed to be infringing and that is requested to be removed or access to which is to be disabled, and detailed information to permit us to locate the material (e.g. exact URL); (4) a statement by you that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. ESI reserves the right to terminate the account of repeat copyright infringers.

Pricing and Billing

Explory offers both free accounts and paid subscriptions. Free accounts provide a limited amount of storage for your Content. Paid Subscriptions provide additional storage as well as other Premium features as determined at various product releases. Free account storage is intended to be perpetual, but ESI reserves the right to delete Content from free accounts for any reason, including but not limited to lack of use, excessive use, or a need to recapture storage space for other purposes. If you have a Paid Subscription that has expired, you will not be able to update your Content until you renew your subscription. Your Content will be viewable for 90 days after your subscription expires and deleted one year after your subscription expires. If an account has exceeded its storage quota, you will not be able to publish or update any Content until you delete some unwanted Content, or upgrade to a Paid Subscription, or a larger account size, if you already have a Paid Subscription. If you upgrade to a larger Paid Subscription, during your Subscription Term, you will be given credit for the unused portion and your Subscription Term will be extended, accordingly.

Cancellation/Refund Policy

Subscriptions are non-refundable. Please contact us at info@explory.com with any questions.

Third Party Accounts

You may be able to connect your Explory account to third party accounts. By connecting your Explory account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by ESI from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Explory Content accessed through Explory in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ESI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ESI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ESI in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH EXPLORY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN EXPLORY AT ANY TIME.

ESI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ESI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination

ESI reserves the right, in its sole discretion, to terminate your access to Explory and the related services or any portion thereof at any time, without notice. You may terminate this agreement at any time by discontinuing your use of Explory and deleting your account.

General Terms:

Controlling Law and Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of Explory. Use of Explory is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ESI as a result of this agreement or use of the Site. ESI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ESI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Explory or information provided to or gathered by ESI with respect to such use.

Waiver and Severability

The failure of ESI to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ESI with respect to Explory and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ESI with respect to Explory. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ESI reserves the right, in its sole discretion, to change the Terms under which Explory is offered. The most current version of the Terms will supersede all previous versions. ESI encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Exploratory Software, Inc. PO Box 456 Valley Ford, California, 94972, USA Email: info@explory.com Phone: (415) 662-3975

Effective as of October 1st, 2013