ExploreGate Terms of Service
By completing and submitting the ExploreGate Ltd. (“ExploreGate’) online registration form or using the services offered on or through the ExploreGate website – www.exploregate.com - (“Site”) or any of its subdomains, or any domain directed to ExploreGate domain or any of its subdomains (“ExploreGate services”) or by clicking “I accept”, you accept and agree to the terms and conditions set forth in this Agreement as of the date and time you complete the online registration process (“Effective Data”).
- 1. Consent and modifications
By visiting the Site or using ExploreGate Services you signify your assent to this Agreement. If you do not agree to this Agreement then please do not access or otherwise use the Site and/or ExploreGate Services. We reserve the right, at our discretion, to change this Agreement at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site and the ExploreGate Services thereafter means that you accept those changes.
- 3. ExploreGate Authority
ExploreGate can refuse registration of, access to, or cancel a user account in its discretion, at any time, for reasons such as violation of applicable law, breach of this Agreement, force majeure, or any other matter that in ExploreGate's discretion warrants such refusal or cancellation.
- 4. Use of service
4.1 You are required to be 18 years or older
4.2 If you are entering into this Agreement, and/or using the Site and/or ExploreGate Services, on behalf of your employer or other legal entity, you represent and warrant that you have full authority to: (i) bind said employer or other legal entity to these Terms (if they have not already done so); and (ii) use the Site or ExploreGate Services on behalf of your employer or other legal entity. If you do not have the foregoing authority please do not accept this Agreement or access the Site or use the ExploreGate Services.
4.3 You may not use the ExploreGate Services if you are a direct competitor
4.4 Your user account will be accessed through a user ID and password that you will create and responsible to maintain the confidentiality. You are solely responsible for all activities that will occur under your account. You will immediately notify ExploreGate of any unauthorized use of your ID
4.5 The information provided by you during registration and access to your account will be accurate true and current. You are solely responsible to keep it current al all times.
4.6 You shall not, and shall not permit any third party to: (i) copy, distribute or modify any part of the Site or to copy, use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (ii) disrupt any servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Site; (vi) use the ExploreGate name, logo or trademarks without our prior written consent; (vii) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site except as expressly permitted herein, or use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; and/or (viii) use the Site to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. You are solely responsible for obtaining and maintaining all equipment and service needed for your access to and use of ExploreGate Services and Site and for paying all charges related thereto
4.7 Any comments, suggestions, or feedback relating to the ExploreGate Service (collectively, "Feedback") submitted to ExploreGate shall become the property of ExploreGate. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Feedback. We will be entitled to use Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending Feedback.
4.8 You understand that when using the ExploreGate Service, you will be exposed to User Content provided by other users and you agree that ExploreGate is not responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content.
- 5. User Content
5.1 The Site may permit the submission, hosting, sharing and publishing of Materials by you and other Site users ("User Content").
5.2 License to User Content. By posting, publishing or uploading your User Content to the Site or ExploreGate services, or submitting your User Content to ExploreGate, you hereby grant ExploreGate a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Content in connection with the Site and ExploreGate's Services, including without limitation for redistributing part or all of your User Content (and derivative works thereof) in any media formats and through any media channels, or take any other action with respect to the User Content as may be necessary or useful in order to make the User Content available in accordance with your instructions (as indicated by the setting and selections you make via the Site or in connection with using the ExploreGate Service, and you hereby waive any moral rights in your User Content, to the extent permitted by law. You also hereby grant each user un accordance with your instructions a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, all in accordance with this Agreement.
5.3 Responsibility. You shall be solely responsible for your User Content and the consequences of posting, publishing or uploading it. If you are viewing a User Content you acknowledge and agree that ExploreGate is not the owner of, or responsible for, that User Content. You shall be solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.
5.4 Moderation of User Content. we reserve the right in our sole discretion and without further notice, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site at any time and for any reason.
5.5 Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize ExploreGate to use all Intellectual Property Rights (defined below) in and to your User Content, and to enable inclusion and use thereof as contemplated by the Site and ExploreGate Services and this Agreement. Unless the User Content are separately referred to, all references herein to Content shall include references to User Content. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Content.
5.6 Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or is otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) violates export control laws; (vi) is unlawful, known to be false, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) is otherwise malicious or fraudulent; and/or (viii) breaches these Terms.
5.7 Exposure. You understand and acknowledge that when accessing and using the Site and ExploreGate Services: (i) you will be exposed to User Content from a variety of sources, and that ExploreGate is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ExploreGate with respect to (i) and (ii) herein.
5.8 Spam. You agree not to, and will not, use the communications systems provided by the Site and ExploreGate Services to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
- 6. License grant and Intellectual property rights
6.2 Content and Marks. The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos interactive features and any comments or other content posted by you or other Site users on the Site (collectively, the "Materials"), (ii) Site products, services and software (collectively, the "Software"), (iii) and the trademarks, service marks and logos contained therein ("Marks"), are the property of ExploreGate and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. 'ExploreGate', the ExploreGate logo, and other marks are Marks of ExploreGate or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
6.3 Use of Content. The content on the Site and ExploreGate Services (including, without limitation, and for the avoidance of doubt any Lectures and Supplements) is provided to you on an 'as is' and 'as available' basis for your informational and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent or as expressly permitted herein. If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein.
6.4 ExploreGate may use, sell, assign, transfer, and license copies of and rights in the Site, Materials and ExploreGate Services to third parties in its sole discretion free from any claim by you.
6.5 At the expiration or earlier termination of your subscription, all rights to use the Site and ExploreGate Services shall immediately terminate and you shall immediately cease to use the Site the ExploreGate Services in any manner
6.6 The Software which you use may automatically download and install updates that ExploreGate releases at its sole discretion from time to time. Such updates are designed to improve, enhance, and further develop your use of the Site and the ExploreGate Services. You acknowledge and agree to receive such updates as part of your subscription.
- 7. Payments to ExploreGate
7.1 Payments. If you choose to purchase or subscribe to the Site or ExploreGate Services then you acknowledge and agree: (i) that we may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current payment information for (a) yourself, or (b) another person or entity, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third party service providers (such as PayPal) to process transactions on our behalf; (iv) that the prices displayed on the Site may change at any time; (v) except as expressly set forth herein, all payments are final and non-cancellable or non-refundable; and (vi) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand.
7.2 Refund Policy. You acknowledge and agree that any fees and/or payments paid by you to ExploreGate in connection with your use of the Site and any services that we offer (including without limitation any Advertisement Fee and Lecture Subscription Fee), are non-refundable. Notwithstanding the foregoing, if you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, or, in any event, you may send an email to us at email@example.com. Please be aware that we will not consider any such request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy and our sole liability, refund you that amount.
7.3 Set-Off: You acknowledge and agree that ExploreGate is entitled to set off or withhold the amount of all or any part of amounts due or owing under this Agreement or any damages resulting from ExploGates’ breach of this Agreement reasonably proven or awarded (subject to Limitation of Liability Section) against any payments owed by you to ExploGate under this Agreement or otherwise.
- 8. Warranty Disclaimers
8.2 WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT (INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, LECTURES), PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY, AND WE DISCLAIM ALL LIABILITY FOR ANY SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT EXPLOREGATE SHALL NOT BE RESPONSIBLE FOR THE USER CONTENT OR CONDUCT OF ANY LECTURER OR SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER CONTENT, OR INTERACTION WITH ANY LECTURER OR SITE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY LECTURER OR SITE USER IN CONNECTION WITH THE SITE OR ANY USER CONTENT, YOU AGREE THAT EXPLOREGATE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. EXPLOREGATE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
8.3 This section applies whether or not the services provided under the Site and ExploreGate Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- 9. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) EXPLOREGATE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR EXPLOREGATE SERVICES, EVEN IF EXPLOREGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EXPLOREGATE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR EXPLOREGATE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO EXPLOREGATE FOR USING THE SITE OR EXPLOREGATE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless ExploreGate and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your reliance on or use of, or inability to use, the Site or ExploreGate Services; (ii) your User Content; (iii) your interaction with any Site user; or (iv) your violation of this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Third party websites advertisers or services
13. Term and Termination
13.1 These Terms are effective until terminated by ExploreGate or you.
13.2 Term. The initial term of your paid subscription or Trial subscription (as defined below) to the Site or ExploreGate Services shall be for a period of one (1) month from the Effective Date, unless sooner terminated in accordance with this Section 13. Your subscription will automatically renew for successive one (1) month renewal terms as long as you have paid the subscription fees and other amounts required hereunder in accordance with Section 7 above.
13.3 Termination of subscription. You may terminate your subscription at any time by email to firstname.lastname@example.org or by visiting your account page on ExploreGate Service (Subscription function under the management section), in which case the termination shall be effective as of the end of the then-current monthly term. You may also terminate your Subscription by affirmatively rejecting these Terms as modified in accordance with Section 2 and, in such event, the termination will be effective as of the last day of the period for which subscription fees have been paid. ExploreGate may terminate your subscription at any time without cause and, in such event, the termination will be effective as of the last day of the period for which subscription fees have been paid.
13.4 Without limitation to any of its rights hereunder, ExploreGate reserves the right to immediately suspend or terminate your subscription if ExploreGate determines in its sole discretion that you have breached or repudiated (or are at risk of breaching or repudiating) any provision of this Agreement, if ExploreGate is required to do so by law, or if the provision of the subscription, Site or ExploreGate Services to you by ExploreGate is, in ExploreGate’s sole discretion, no longer commercially viable. If ExploreGate suspends your account and you fail to remedy the condition underlying such suspension to ExploreGate’s satisfaction within thirty (30) days after ExploreGate sends you notice of such suspension, your subscription shall be immediately terminated, without the need for further notice. ExploreGate shall not be liable to you for any amount (including, without limitation, any refund of subscription fees) in the event of any suspension or termination of your subscription under this Section 13.
13.5 Termination or expiration of your subscription for any reason shall not release either party from any liabilities or obligations set forth in this Agreement that (i) the parties have expressly agreed shall survive any such termination or expiration or (ii) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. This Agreement shall survive the expiration or earlier termination of your subscription.
13.6 In the event of any termination or expiration of your subscription, all of your data related to your subscription (including any User Content) may be deleted by ExploreGate from any servers or other hardware directly controlled by ExploreGate. It is your responsibility to retain copies or backups of any data (including any User Content) related to your Subscription.
It is not the intention of the parties hereto for this Agreement to, and this Agreement shall not be deemed to, confer a third party beneficiary right of action upon any third party or entity whatsoever including but not limited to any of your learners or customers, and nothing in this Agreement will be construed to confer upon any such third party other than the Parties hereto a right of action under these Terms or otherwise.
13.7 The following Sections shall survive termination Section 2 (Privacy), Section 4 (Use of Service), Section 5 (User Content), Section 6 (License grant and intellectual property), Section 9 (Limitation of Liability), Section 10 (indemnity), Section 13 (term and termination) , Section 15 (copyright policy), Section 16 (Governing Law and disputes) and Section 17 (General).
ExploreGate may offer you a free trial period during which you can try out a subscription (a “Trial Period”). If you wish to continue to use the ExploreGate Services, you must provide ExploreGate with a valid credit card or debit card or PayPal Account issued by a card issuer acceptable to ExploreGate. If you do not provide ExploreGate with valid credit card or debit card or PayPal account, and any other information as ExploreGate may require in order to activate your subscription, by the end of your Trial Period, ExploreGate may terminate your account in accordance with Section 13 above. ExploreGate reserves the right to modify, cancel and/or limit any Trial Period offer at any time.
15. Copyright policy
It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at: www.exploregate.com/copyright ("Copyright Notice")
16. Governing Law and Disputes
These Terms and the relationship between you and ExploreGate shall be governed by and construed in accordance with the laws of the New York, USA without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that ExploreGate may seek injunctive relief in any court of competent jurisdiction.
ExploreGate reserves the right to discontinue or modify any aspect of the Site or ExploreGate Services at any time. This Agreement shall constitute the entire agreement between you and ExploreGate concerning the Site and ExploreGate Services. This Agreement may not be modified or superseded by ExploreGate's acceptance of a purchase order or the like from you or any other person. If any provision of these Terms is deemed invalid by a court of 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. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.