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Introduction

Welcome to the Explore Media Group LLC (“Explore Media”) website.  By using the Site (defined below) you are agreeing to the terms and conditions contained herein.  Please read and review them carefully and direct any questions to support@exploresaratoga.com.

The User Agreement was last updated on December 1, 2014.


Your Acceptance of the User Agreement

Explore Media owns and operates the website, www.exploresaratoga.com, including any mobile and or touch versions Explore Media currently has, will have, or may have in the future (collectively, the “Site”).  Explore Media’s Privacy Policy, together with these general terms and conditions, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “User Agreement.”

By using the Site and Explore Media’s services through the Site, you expressly acknowledge and understand that you have read and understand the User Agreement and that you agree to be bound by all of its provisions.  By accepting the terms and conditions of the User Agreement, you are entering into a binding legal agreement.  You also agree to Explore Media’s Privacy Policy, located at http://exploresaratoga.com/privacy_policy, and acknowledge that you will regularly review the User Agreement to familiarize yourself with any updates.  

IF YOU DO NOT AGREE TO THE USER AGREEMENT, DO NOT CLICK TO ACCEPT THESE TERMS AND CONDITIONS AND DO NOT ESTABLISH AN ACCOUNT WITH EXPLORE MEDIA.

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.  


Explore Media Owns the Site

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 and accepting the User Agreement: (a) Explore Media grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to the User Agreement and to any additional policies set forth by Explore Media; and (b) you agree not to reproduce, distribute, create derivative works from, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site, without Explore Media’s express written permission.  


Explore Media May Modify the User Agreement At Any Time

Explore Media reserves the right, at all times, to discontinue or modify any part of the User Agreement 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.  If you do not agree to the changes, you may close your account without penalty, and you shall not use the Site or any services offered through the Site after the effective date of the changes.  Explore Media is not responsible for any refund for services already provided under the User Agreement.  Explore Media suggests that you revisit the User Agreement regularly to ensure that you stay informed of any changes.  Your use of the Site after Explore Media updates the User Agreement will constitute acceptance of the modified User Agreement.


You Have a Right to Privacy

You should carefully read Explore Media’s full Privacy Policy before using the Site as it is hereby incorporated into the User Agreement by reference and governs Explore Media’s treatment of any information, including personally identifiable information, that you submit to us.  Please note that certain information, statements, data and content you submit to Explore Media may, or are likely to, reveal personal information about you.  You acknowledge that your submission of any information, statements, data and content to us is voluntary on your part and that Explore Media may process such information, within the terms of the Privacy Policy.


Explore Media is Not Responsible for the Services of Third Parties

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. 


Explore Media is Not Responsible for the Content or Opinions of its Users

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 the User Agreement, 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.  

Explore Media assumes no responsibility for the deletion, alteration or failure to store postings, content or other information submitted by you or other users to the Site.  You represent and warrant that any content you submit is in full compliance with the copyright and trademark rights of others, and that such content will not violate, in any way, this User Agreement.  


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 the User Agreement.


Your Right to Link to Explore Media’s Site is Limited

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 the User Agreement.  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.


You May Advertise on the Site 

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 opportunities, 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 and promote content 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.   


Explore Media May Run Various Promotions

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. 


You Own Your Content

As between you and Explore Media, you own the content and information you submit or upload to Explore Media and/or the Site under the User Agreement, and you may delete that content at any time, except as to information or content that was shared with and/or copied by other users.  Additionally, you grant Explore Media a perpetual, non-exclusive, irrevocable and transferrable right to use any content you submit to Explore Media and/or the Site.  That right ends when you delete your account or remove the content.  Notwithstanding the foregoing, you acknowledge and agree that Explore Media may preserve content, and disclose such content, as required by law, court order, or to protect the rights, property or personal safety of Explore Media, its users, or the public.

Pursuant to this license, Explore Media may grant other users, and/or visitors access and share rights to your content and information in accordance with the User Agreement.  Accordingly, you acknowledge that certain content may have been, or is likely to be, shared with others, who may have copied or redistributed the content without your knowledge.  Explore Media is not responsible for the continued persistence of such content that is not within Explore Media’s possession or control.

When you publish content or information it means that you are allowing others with access to the Site to view and use that information, and to associate the content with your business or event.  Any content or information that you submit to us is at your own risk of loss.  By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restriction or other third party rights (including any intellectual property rights).


You are Responsible for Maintaining Your Account Profile

Explore Media allows you to register for a free or paid profile.  You may only create and hold one account on the Site for each business entity that you own.  If you own or manage multiple business entities, you may create an additional account for each entity.  You are responsible for updating and correcting information you have submitted to create or maintain your account.  In addition, you are responsible for ensuring your profile strictly conforms to all applicable laws and this User Agreement.

As part of your account settings, you have the option to: (a) save, edit or delete your personal information.  You understand and agree that Explore Media shall have no responsibility for any incident arising out of, or related to, your account settings.  You must safeguard your password and supervise the use of your account.  You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences.  Explore Media will assume that anyone using the Site or transacting through your account is you.  You agree that you are solely responsible for any activity that occurs under your account.


Your Account Profile Information Must Abide by Certain Rules

Through your profile, you are permitted to upload certain content, which may include, but is not limited to, cover photos, videos, images, news releases, promotions, and events.

  • Your profile name must match the name of your business.  
  • Your cover image must be a photograph of your business or directly relating to your business and cannot include any added graphics or text.  
  • Any videos that you upload must not include any third party advertising.
  • You agree that any content you submit or upload to the Site conforms with the provisions of this User Agreement.
  • You Agree to Follow Basic Rules


As a condition of your use of the Site, you acknowledge and agree that: 

  • You are at least 18 years of age;
  • You are able to enter into a binding legal obligation;
  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to access the Site with crawlers, robots, data mining or extraction tools or any other functionality;
  • Your use of the Site will, at all times comply, with the Terms of Service;
  • You have the right to provide any and all information you submit to the Site and that all such information is accurate and true, current and complete; and 
  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times

It is your responsibility to keep your Explore Media profile information accurate and updated.

All interactions on the Site must comply with the User Agreement. To the extent your conduct, in our sole and absolute discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies.


The following activities are prohibited on the Site and constitute express violations of the User Agreement:

Submitting any content to the Site that:

  • Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of Explore Media purporting to speak on behalf of Explore Media or provides confidential information concerning Explore Media; 
  • Is intended solely to harass, bully, or intimidate others;
  • Contains content that may be considered hate speech, threatening, or pornographic, incites violence; or contains nudity, or graphic or gratuitous violence;
  • Is purposely inaccurate, commits fraud or falsifies information in connection with your Explore Media account or to create multiple Explore Media accounts; or
  • Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Attempting to do or actually doing any of the following is strictly prohibited: 

  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
  • Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.

Using any of the following is strictly prohibited: 

  • Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
  • Any Site content, in any meta tags or any other “hidden text” techniques or technologies without our express written permission; or
  • The Site or any of its resources to solicit consumers, businesses or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Explore Media. 

Collecting any of the following is strictly prohibited: 

  • Content from the Site, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or 
  • Personal Information (defined in our Privacy Policy) or content of any consumers or businesses.

Engaging in any of the following is strictly prohibited: 

  • Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Explore Media;
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Reselling or repurposing your access to the Site or any purchases made through the Site; 
  • Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose, other than those required for search engine optimization purposes, without our express written permission;
  • Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
  • Aggregating any content or other information from the Site (whether using links or other technical means or physical records associated with the Site) with material from other sites or on a secondary site without our express written permission; or
  • Acting illegally or maliciously against the business interests or reputation of Explore Media, or our services.

You Agree to Abide By Applicable Laws and the User Agreement

You agree to comply with all applicable laws, rules, regulations and requirements and all provisions of the User Agreement, as may be amended from time to time, with or without advance notice.


Payments to Explore Media are Made Through PayPal

All payments made for use of the Site and services offered through the Site are processed using an automated payment system, PayPal.  In certain limited circumstances, Explore Media will, with express written permission, accept payment via certified check.  By entering your credit card information, you affirmatively agree that you are an authorized user of such credit card and that the information you enter is true and accurate.  You authorize Explore Media, through PayPal, to charge the amount you have requested to your credit card.  For each transaction, in addition to the amount you have authorized to pay Explore Media, your credit card company may assess transaction or handling charges.  You should consult with your credit card company about those charges before authorizing any payments to Explore Media.  If for any reason a charge is declined or reversed by your credit card company, you agree to pay Explore Media a service charge and to reimburse us for all reasonable costs of collection.  Explore Media is not responsible for any loss or damage as a result of PayPal’s inability to or negligence in processing any payment made by you to Explore Media and/or the Site.


Your Access to the Site May Be Limited from Time to Time

Explore Media retains the right, in our sole and absolute discretion, to deny service or use of the Site or an account to anyone at any time and for any reason.  While Explore Media uses reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable, from time to time.  You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.


You Agree to Provide Accurate and Complete Information to Explore Media

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.


Explore Media May Offer Services to You Via Your Mobile Device

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 May Terminate Your Use of the Site

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 the User Agreement.


Copyright 

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.

You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.  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.


Your Use of Explore Media’s Site is Subject to Certain Disclaimers

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.


Explore Media’s Liability to You is Limited

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 User Agreement shall be expressly limited to the amount of your payment, if any, for services through the Site.


You Agree to Indemnify Explore Media for Your Use of 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 User Agreement.  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.


Any Dispute Between You and Explore Media Will be Governed by New York Law

You irrevocably consent that any action or proceeding relating to the User Agreement shall be brought in any state or federal court of general jurisdiction in Albany, New York.  The User Agreement 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 User Agreement may be amended and changed by Explore Media at any time as noted above.  If any provision of the User Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, the User Agreement shall continue in full force and effect without such provision.  The validity, interpretation, construction and performance of the User Agreement 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 the User Agreement 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 User Agreement, 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 User Agreement, without posting a bond or other security.  Failure of Explore Media to enforce any of the provisions of the User Agreement shall not constitute a waiver or limit any of Explore Media’s rights hereunder.


Explore Media is Not Responsible for Events Beyond Our Control

Explore Media shall be excused from performance under the User Agreement, 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.


You May Not Assign The User Agreement

You may not assign the User Agreement, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Explore Media.  Any attempted assignment that does not comply with the User Agreement shall be null and void.  Explore Media may assign the User Agreement, in whole or in part, to any third-party in its sole discretion.


The User Agreement Constitutes Our Entire Agreement

The User Agreement, including the incorporated Pre-Sale Invoice Terms and Conditions, Privacy Policy and other terms incorporated by reference, constitutes the entire agreement and understanding between you and Explore Media with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Explore Media with respect to such subject matter.


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