Terms of Use

Exploria Terms of Use

Exploria, (“we” or “us”), is a service that is dedicated to enriching the experience of explorers and travellers by delivering location based audio stories and interactions through the Exploria app.

We welcome you (“you” or the “user”) as an explorer who listens, edits, authors, or contributes to Exploria stories and content.  Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”).

Overview

These Terms of Use tell you about our services at Exploria, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host an incredible number of stories, pieces of content and interactions, much of which is generated by Exploria but many stories are also made possible by users like yourself.

You are welcome to join as a contributor, but you need to follow the policies that govern each of the Exploria services. Because we are making your contributions accessible to the public, we generally require that all content you contribute is available under a free license or in the public domain.

Please be aware that you are legally responsible for your contributions, edits, and re-use of Exploria content under the laws of your country as well as in other countries where people may view your content. This means it is important that you use caution when submitting content to Exploria. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the stories we host are for general informational purposes only.

  1. Our Services

Exploria is a service that is dedicated to enriching the experience of people by helping individuals and organisations to deliver location based information and interactions through our online and app destinations.  We want to assist in creating amazing Challenges and unearthing the most interesting stories and deliver them to our users, and we actively encourage users to contribute content they want to share with our community.  Considering we host and deliver content from a number of sources including those contributions from our community we ask you take the following into consideration:

a. We do not assume an editorial role: Because Exploria stories are often collaboratively edited, and much of the content that we deliver is provided by users and partners, we do not assume an editorial role. This means that we generally do not monitor (except for offensive language or harmful content) or edit the content of the stories supplied by users, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited.

b. You are responsible for your own actions: You are legally responsible for your contributions on Exploria, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of Australia, New Zealand, United States of America and Europe. Although we may not agree with such actions, we warn contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. We cannot offer any protection, guarantee, immunity or indemnification.

c. The services we provide and their costs from time to time are set-out on our website. We expect you to self-identify if you should be paying for our services under these terms and pay for the correct level of services and we encourage you to contact us before submitting any content if you would like to confirm this. We may change our plans from time to time and any users who are identified and classified by us as needing a business level plan should follow our instructions provided. We looking forward to working with you to make your own service a success.

  1. Privacy Policy

We ask that you review the terms of our Privacy Policy available on the Exploria website, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

  1. Content We Share

    a. You may find some material objectionable or erroneous: Because we provide a wide array of content you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
    b. Our content is for general informational purposes only: Stories may contain information that pertains to professional topics, including medical, legal, or financial issues, this content is presented for general informational and entertainment purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained on Exploria.
  1. Refraining from Certain Activities

Exploria only exists because of the vibrant community of users like you who contribute content. We happily welcome your participation and encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make contributions that enhance the experience of Exploria’s users.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:

Harassing and Abusing Others

  • Engaging in harassment, threats, stalking, spamming, or vandalism; and
  • Transmitting chain mail, junk mail, or spam to other users.

Violating the Privacy of Others

  • Infringing the privacy rights of others under applicable laws (which may include the laws where you live or where you view or edit content);
  • Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by Exploria; and
  • Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.

Engaging in False Statements, Impersonation, or Fraud

  • Intentionally or knowingly posting content that constitutes libel or defamation;
  • With the intent to deceive, posting content that is false or inaccurate;
  • Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
  • Engaging in fraud.

Committing Infringement

  • Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.

Misusing Our Services for Other Illegal Purposes

  • Posting child pornography or any other content that violates applicable law concerning child pornography;
  • Posting or trafficking in obscene material that is unlawful under applicable law; and
  • Using the services in a manner that is inconsistent with applicable law.

Engaging in Disruptive and Illegal Misuse of Facilities

  • Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
  • Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Exploria community;
  • Disrupting the services by placing an undue burden on a Project website or the networks or servers connected with a Project website;
  • Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the Project website for its stated purpose;
  • Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and
  • Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
  • such actions do not unduly abuse or disrupt our technical systems or networks;
  • such actions are not for personal gain (except for credit for your work);
  • you report any vulnerabilities to MediaWiki developers (or fix it yourself); and
  • you do not undertake such actions with malicious or destructive intent.

We reserve the right to exercise our enforcement discretion with respect to the above terms.

  1. Password Security

You are responsible for safeguarding your own password and should never disclose it to any third party.

  1. Trademarks

Although you have considerable freedoms for re-use of the content on Exploria, it is important that, at Exploria, we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Exploria trademarks belong to Exploria, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use.

  1. Licensing of Content

All users contributing to Exploria grant broad permissions to Exploria to re-distribute and re-use contributions freely.  When making contributions, you agree to the following licensing requirements:

a. Content (in any form, including modifications and additions to pre-existing Content) to which you hold the copyright: When you submit Content to which you hold the copyright, you agree to license it under:

Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.

b. Attribution: Attribution is an important part of these licenses. When you contribute Content, you agree to be attributed in any variety of ways that are deemed appropriate.

c. Including Content: You may include Content that you have found elsewhere or that you have co-authored with others, but in such case you warrant that the Content is available under terms that are compatible with the CC BY-SA 3.0 license and will attribute it where possible using Exploria fields for attribution.

d. No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for Content contributed to Exploria or features, even if you terminate use of our services.

e. Public domain content: When you contribute content that is in the public domain, you warrant that the material is actually in the public domain.

f. Re-use: Please contact us first about the content that you would like to Re-use to license the specific Content you would like appropriately.

  1. DMCA Compliance

Exploria wants to ensure that the content that we share without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers.

However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. 

If you are the owner of content that is being improperly used on Exploria without your permission, you may request that the content be removed under the DMCA. To make such a request, please email us at  help Exploria.me.

  1. Third-party Websites and Resources

You are solely responsible for your use of any third-party websites or resources. Although Exploria contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

  1. Management of Our Websites & Apps

The need may arise, or the community may ask us, to address an especially problematic user because of significant disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to:

  • Investigate your use of the service (a) to determine whether a violation of these Terms of Use or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request;
  • Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests;
  • Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use;
  • Ban a user from editing or contributing or block a user’s account or access for actions violating these Terms of Use, including repeat copyright infringement;
  • Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and
  • Manage otherwise Exploria websites and apps in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public.

In the interests of our users and Exploria, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, Exploria itself will not ban a user from editing or contributing or block a user’s account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies.

The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use.

  1. Termination

Though we hope you will stay and continue to use and contribute to Exploria, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for Exploria to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available. In such circumstances, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect.

  1. Disputes & Jurisdiction

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by Exploria. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in New South Wales, Australia. You also agree that the laws of New South Wales will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). 

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

  1. Disclaimers

At Exploria, we do our best to provide entertaining and informative content to a wide audience, but your use of our services is at your sole risk. We provide these services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

  1. Limitation on Liability

Exploria will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one hundred US dollars (USD 100.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

  1. Modifications to these Terms of Use

It may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications via the Exploria site. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of Exploria and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.

  1. Other Terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, Exploria. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by postings on our websites.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or Exploria.

Notwithstanding any provision to the contrary in these Terms of Use, we (Exploria) and you agree not to modify the applicable terms and requirements of any free license that is employed on Exploria when such free license is authorised by these Terms of Use.

These Terms of Use were written in English. While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

Thank You!

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to Exploria and using our services.