These Terms of Service were last updated on December 1, 2014.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY EXPLORE MEDIA SERVICE, PRODUCT, OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
Explore Media appreciates your feedback about the Site, and may use your suggestions to improve the Site from time to time. You understand and acknowledge that Explore Media is under no obligation to reimburse or compensate you for your suggestions.
The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to Explore Media, its affiliates, and other providers. As owner of the Site, Explore Media reserves the exclusive right to modify and/or terminate the Site and services offered through the Site at any time. By using the Site, you are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray the Site or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You also agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site, other than for non-commercial purposes, without Explore Media’s express written permission.
Explore Media reserves the right, at all times, to discontinue or modify any part of the Terms of Service in its sole discretion. If Explore Media makes any changes that affect your use of the Site or its services, Explore Media will post notice of the change on the Site. Explore Media suggests that you revisit the Terms of Service regularly to ensure that you stay informed of any changes. Your use of the Site after Explore Media updates these Terms of Service will constitute acceptance of the modified Terms of Service.
Explore Media is not responsible for the availability or content of other businesses or services that may be linked to our Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible for any content, accuracy, quality, advertising, products or other materials on or available from such services. By using the Site, you acknowledge and agree that Explore Media is not responsible or liable for any damage or loss as a result of your reliance on any content or services provided by third parties.
You acknowledge that Explore Media is not responsible for the material submitted by its users. Explore Media may remove any content that, in its sole discretion, fails to comply with these Terms of Service, but you agree that Explore Media is not responsible for any failure, non-failure or delay in removing such content. Users will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of any content they submit. Under no circumstances is Explore Media liable for any content a user submits.
The opinions and statements expressed by users and third parties are not those of Explore Media. Explore Media is not responsible for the accuracy or completeness of any content submitted by users and third parties. You acknowledge that Explore Media is not under any obligation or duty to monitor the Site for inappropriate or unlawful content. Explore Media assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, Explore Media reserves the right to block or remove any content, in its sole discretion, that fails to conform to these Terms of Service.
Explore Media grants you revocable permission to link to our Site provided, however, that your website does not (a) in any way mirror or otherwise copy our Site; (b) imply that Explore Media or the Site endorses or sponsors the content contained therein, without our express written permission; (c) present false information about, or disparage, tarnish, or otherwise harm Explore Media or its Site; and/or (d) contain information that may be considered distasteful, offensive, or controversial, as determined in our sole opinion. By linking to our Site, you agree to comply with these Terms of Service. Notwithstanding anything to the contrary, Explore Media reserves the right to prohibit your linking to the Site for any reason or no reason whatsoever, in our sole and absolute discretion.
Traditional banner advertisements are available for purchase by any third-party provider, except that Explore Media reserves the right to deny advertising rights to any one for any reason, in our sole and absolute discretion. Clicking on a banner advertisement may direct you to a third-party website that is not within Explore Media’s control or possession. Explore Media is not liable to you for any interruptions in the services provided by such third parties, nor does placement of the advertisement on the Site mean that Explore Media endorses or approves of such content.
Promotional content, in the form of hero images and other placements throughout the site, may be purchased on an invite-only basis and are only available to paid Users. Explore Media reserves the right to invite businesses to advertise on the Site within its sole discretion. In addition, Explore Media may terminate your rights to continue advertising on the Site for failure to abide by this User Agreement.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have certain eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules and determine whether or not your participation, registration or entry will be valid.
To the extent required, you agree to provide true, accurate, and complete information about yourself as prompted by Explore Media and/or the Site. You agree that Explore Media is not responsible for or liable for any damage as a result of any information provided by you that is untrue, inaccurate, or incomplete. By using our Site, you accept responsibility for all activities that occur under your name and/or account.
These services may include, without limitation, the ability to receive messages or updates from our Site, or access the Site. Standard messaging, data, and other fees may be charged by your carrier for these services. In addition, your mobile carrier may prohibit or restrict certain services or services may be incompatible with your carrier or mobile device. You should contact your mobile carrier with questions regarding these issues prior to agreeing to receive services from the Site through your mobile device.
Explore Media reserves the right to terminate or suspend your access to the use of our Site at any time for any reason or no reason whatsoever, including for failure to abide by these Terms of Service.
The Site contains copyrighted material and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. Explore Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express written permission of Explore Media or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Explore Media does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
EXPLORE MEDIA EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES RELATING TO BUSINESS PROFITS OR LOSSES, INTERNET SERVICE RELIABILITY, INTERNET AND SERVICE SHUT DOWNS AND SLOW DOWNS. EXPLORE MEDIA MAKES NO WARRANTIES OR GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT PUBLISHED OR MADE ACCESSIBLE ON THE SITE OR RESULTS (OR LACK THEREOF) ARISING OUT OF AND IN CONNECTION WITH THE SERVICES.
You agree to and hereby release Explore Media, its directors, members, managers, officers, employees and agents, from and against any claim, demand, cause of action, debt or liability associated with your loss of data, business loss, Internet service interruptions or slowdowns in connection with the Site and Explore Media’s services through the Site. Explore Media’s liability to you, if any, for a breach of the Terms of Service shall be expressly limited to the amount of your payment, if any, for services through the Site.
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Explore Media (and its directors, members, managers, officers, employees and agents, and any of them) from and against all claims, damages, loss, liability or expense of any kind, which is in any way connected with the services, and the Site, to the extent such arises or results from any negligent act, omission, breach of any duty or obligation, on the part of you or the breach by you of any covenant, representation or warranty contained in the Terms of Service. This indemnification includes, but is not limited to, any claims, damages, loss, liability or expense of any kind, including attorneys’ fees, which is in any way connected with the services, and the Site, and/or which is based upon a breach of any duty or obligation on the part of you and any of your agents or employees, even where you are not found to have committed a negligent act or omission. If the foregoing indemnity is made void or otherwise impaired by any law controlling the construction thereof, such indemnity shall be deemed to conform to the fullest indemnity permitted by law.
You irrevocably consent that any action or proceeding relating to the Terms of Service shall be brought in any state or federal court of general jurisdiction in Albany, New York. The Terms of Service constitute the entire agreement between the parties, together with and any documents incorporated by reference as stated therein, and no other acceptance or acknowledgement or other condition will apply. The Terms of Service may be amended and changed by Explore Media at any time as noted above. If any provision of the Terms of Service becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, the Terms of Service shall continue in full force and effect without such provision. The validity, interpretation, construction and performance of the Terms of Service shall be governed by the laws of the State of New York without giving effect to choice of law or conflict of laws rules and principles.
If you or Explore Media commence an action for relief against the other, legal, equitable, declaratory or otherwise, arising out of or in connection with these Terms of Service including, without limitation, any action for the recovery of monies, the non-prevailing party shall pay the prevailing party its reasonable costs, fees and expenses incurred in connection with and in preparation for said action including, without limitation, court costs, reasonable attorneys’ fees, accountants and other experts, disbursements and interest. You agree that, in the event of a breach or alleged breach of the Terms of Service, Explore Media may not have an adequate remedy at law, including monetary damages, and that Explore Media may, in addition to other available rights and remedies, apply to any court of competent jurisdiction for specific performance and/or injunctive relief in order to enforce, or prevent any violation of, any of the provisions of the Terms of Service, without posting a bond or other security. Failure of Explore Media to enforce any of the provisions of the Terms of Service shall not constitute a waiver or limit any of Explore Media’s rights hereunder.
Explore Media shall be excused from performance under these Terms of Service, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; (f) outages, Internet unavailability and explosions; or (g) other causes beyond the reasonable control of Explore Media.