Effective: August 22, 2014
1. Acceptance of the Terms and Conditions.
1.1 Explorica, Inc. (herein referred to as the “Explorica,” “we,” “us” or “our”) provides and makes available this web site (the “Web Site”). All use of the Web Site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accepting this Agreement or by accessing, browsing or otherwise using the Web Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you may not access, browse or use the Web Site. If you are under 13 years of age, you are not authorized to use the Web Site. In addition, if you are under 18 years of age, you may use the Web Site only with the approval of your parent or guardian, who must read, understand and agree to be bound by this Agreement on your behalf.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Web Site. The revised terms and conditions will become effective at the time of posting. Any use of the Web Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Web Site.
2. Use of the Web Site.
2.1 This Web Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2 The trademarks, service marks, and logos of Explorica (the “Explorica Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of Explorica. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Explorica Trademarks, the “Trademarks”). Nothing on this Web Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the prior written consent of Explorica specific for each such use. The Trademarks may not be used to disparage Explorica or the applicable third party, Explorica’s or the third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Explorica’s prior written consent. All goodwill generated from the use of any Explorica Trademark shall inure to Explorica’s benefit.
2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Web Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (d) delete or alter any material posted on the Web Site by Explorica or any other person or entity, or (e) frame or link to any of the materials or information available on the Web Site.
2.4 The Web Site contains links to third party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.5 Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content for this Web Site may be retransmitted without the express written consent from Explorica for each and every instance.
2.6 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Web Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details). Notices and counter notices with respect to the Web Site should be sent to Explorica at:
Attn: Marketing
Explorica, Inc.
101 Federal St., Suite 900
Boston, MA 02110
By Email: online@explorica.com
3. Explorica Statement on Safety and Social Networking
3.1 Explorica strives to be an environment where student travelers can interact safely on social networks with other student travelers, their friends and the people around them. Each person on the site plays an important role in keeping the Explorica community safe. Please choose carefully the information that you post on, through or in connection with any social networking site and that you transmit to other others. We strongly encourage all users to report suspicious people and inappropriate content they encounter on any social networking site to the appropriate individuals on that site. Please note that these social networking sites are “External Sites” as defined hereunder, and so are subject to the provisions of this Agreement governing External Sites.
4. Submissions and Communications
4.1 By uploading or posting to the Web Site or otherwise transmitting video, images, photographs, graphics, sound, text, comments, pieces, ideas or other information in any form including, but not limited to, visual or audio data (collectively referred to as the “Submissions”) to us, you represent and warrant that you have the right to grant and do hereby grant to Explorica and our designees a worldwide, non exclusive, sublicenseable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and/or display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions.
4.2 You also agree to permit any other user of the Web Site to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information.
4.3 You will be responsible for all activities occurring under your username and for keeping your password secure. You shall provide Explorica with prompt notice in the event you suspect that your user name and password may have been compromised.
4.4 The posting of Submissions on the Web Site by its users does not indicate any approval or endorsement by Explorica of such Submissions. You acknowledge that you are responsible for your Submissions. Explorica is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions or any act of accessing, browsing, contributing to or otherwise using the Web Site. You hereby release and hold harmless the Explorica Parties (as defined below) from any damages or liability relating to or arising from any use of or modification or alteration to any of the Submissions. You hereby waive any claim you may have based on any use of the Submissions or works derived therefrom, including but not limited to claims for invasion of privacy or libel.
4.5 You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other users of the Web Site) ideas, photographs, graphics, information, data, text, files, links, software, or other Submissions that:
(i) infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(ii) you do not have a right to upload or transmit under any law or under contractual or fiduciary relationships;
(iii) are unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
(iv) solicit personal information from anyone under 13 years of age;
(v) contain any private information, or otherwise harvest, collect or disclose information, about another person without his or her express consent;
(vi) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(vii) promote any illegal or unauthorized copy of another person’s copyrighted work;
(viii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other users of the Web Site;
(ix) involve commercial activities and/or sales without Explorica’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(x) in the sole judgment of Explorica, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Explorica or its users to any harm or liability of any type.
5. Limitation of Liability and Disclaimer of Warranties.
5.1 EXPLORICA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “EXPLORICA PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SUBMISSIONS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE EXPLORICA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SUBMISSIONS OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE OR TO ANY LIABILITY ARISING FROM THE SUBMISSIONS. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE EXPLORICA PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO EXPLORICA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE EXPLORICA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
5.2 IN NO EVENT SHALL ANY EXPLORICA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH EXPLORICA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE EXPLORICA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. Indemnification. You agree to defend, indemnify, and hold harmless the Explorica Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. Explorica shall provide notice to you of any such claim, suit, or proceeding. Explorica reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Explorica’s defense of such matter. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Termination of the Agreement.
7.1 Explorica reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. Explorica reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
7.2 Sections 2 (Use of the Web Site), 4 (Submissions and Communication), 5 (Limitation of Liability and Warranty), 6 (Indemnification),
7.2(Termination of Agreement), 8 (User Must Comply with Applicable Laws), 9 (U.S. Government Restricted Rights), and 10 (Miscellaneous) shall survive the termination of this Agreement.
8. User Must Comply with Applicable Laws.
8.1 This Web Site is based in Boston, MA. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
8.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
9. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227 7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.
10. Miscellaneous.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You and Explorica expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Explorica to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Explorica unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Explorica and you, this Agreement constitutes the entire Agreement between you and Explorica with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Site might be publicly accessible. Important and private information should be protected by you. Explorica is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Explorica, Inc., 101 Federal Street, Suite 900, Boston, Massachusetts 02110 or by phone at 1.888.310.7120.