Important
Before using the services provided by Pacem Holding B.V. ("Explorers"), a company registered in the Netherlands, please carefully read these Terms of Use. These terms and conditions are legally binding and outline your use (as "User(s)") of the website at www.explorerslive.com and the Explorers mobile apps (collectively referred to as the "Platform"), as well as the services, features, content, applications or widgets offered by Explorers (referred to as the "Service"). These Terms of Use are available for download and printing at explorerslive.com.
Acceptance of Terms
By using the Service, including but not limited to visiting or browsing the Platform, you agree to be bound by these Terms of Use. The Terms of Use include Explorers's Privacy Policy and all other operating rules, policies, and procedures that may be published on the Platform from time to time, all of which are incorporated by reference and subject to change by Explorers. Any amendment of these Terms of Use will be announced at least one month before it takes effect. If a User does not agree to an amendment, they have the right to terminate the agreement before the amendment takes effect. In addition, certain services offered through the Service may have their own additional terms and conditions specified by Explorers, which are incorporated into these Terms of Use by reference.
Access
Explorers may provide the Services, as described on the Platform and selected by the User, solely for the User's personal non-commercial use, subject to these Terms of Use.
Registration and Eligibility
You have the option to browse the Platform and view the Content without registering. However, to use certain aspects of the Service, you must register and become a User with Explorers. By registering, you represent and warrant that you have provided Explorers with accurate and complete registration information, including a user name, email address, and password, and that you will keep your registration information accurate and up-to-date. If you fail to do so, it will be considered a breach of these Terms of Use, which may result in the immediate termination of your account.
You are not permitted to create an account for anyone other than yourself without their permission. Additionally, you are not allowed to use a user name that belongs to someone else with the intention of impersonating that person, or use a user name that is offensive, vulgar, obscene, or otherwise unlawful. Explorers reserves the right to refuse registration of a user name or cancel an account in its sole discretion.
As a User, you are responsible for any activity that occurs on your account and for maintaining the confidentiality of your Explorers password. You should never use another user's account without their express permission, and you must notify Explorers in writing of any unauthorized use of your account or other account-related security breach of which you are aware.
You represent and warrant that you are of legal age to form a binding contract if you are an individual, or that you are authorized to enter into and bind an entity to these Terms of Use and register for the Service if you are registering on behalf of an entity. The Service is not available to individuals under the age of 16. Explorers reserves the right to refuse to offer the Service to any person or entity and to change its eligibility criteria at any time. If using the Service or agreeing to these Terms of Use is prohibited by any laws, rules, or regulations applicable to you, you agree not to use or access the Platform or Services in any way.
You understand that you are responsible for any charges associated with sending communications via your device, and you acknowledge that you have the right to communicate with your contacts via the Service.
Your Content
The term "Content" in these Terms of Use includes location information, videos, audio clips, comments, data, text, photographs, software, scripts, graphics, photo albums, and interactive features provided by Explorers on or through the Service. The sole intellectual property of the person who posts or transmits Content, whether publicly posted or privately transmitted, must be respected. Explorers cannot guarantee the authenticity of any Content or data users may provide about themselves. Users accessing Content using the Service are solely responsible for any damage or loss resulting from it.
Users retain intellectual property rights related to their Content available through the Service. By making the Content available through the Service, they automatically grant Explorers an unlimited, worldwide, sublicensable, and transferable license to use all or part of the Content for the purpose of providing the Service and/or Explorers' business activities, within the limits of the privacy settings chosen for the content. Explorers may use such Content publicly or privately, as it sees fit, including displaying it, reformatting it, creating derivative works from it, promoting it, and distributing it.
Users also grant each other authorized User a non-exclusive license to access and use the Content in connection with their use of the Platform and Service. Users are responsible for their Content and ensure that they have all necessary rights to grant the licenses in accordance with these Terms of Use without infringing on any third-party rights. Users also indemnify Explorers against any and all third-party claims based on any alleged infringement of such third-party rights concerning the Content.
When users delete their Content, it will be removed from the Service, but it may persist in backup copies for a reasonable period or may remain with Users who have previously accessed and downloaded the Content.
Other Content
The Service includes Content that is protected by various Intellectual Property Rights, including but not limited to copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights. You must comply with all copyright notices, information, and restrictions included in any Content accessed through the Service. Explorers grants each User of the Platform and/or Service a non-exclusive, non-sublicensable, non-transferable license to use, modify, and reproduce the Content solely for personal, non-commercial use, subject to these Terms of Use. Any use, reproduction, modification, distribution, or storage of any Content for any purpose other than personal, non-commercial use is expressly prohibited without prior written permission from Explorers or the applicable Intellectual Property Right holder.
Rules and Conduct
By using the Service, you agree not to use it for any purpose that violates these Terms of Use. You are responsible for all of your activities in connection with the Service. Additionally, you must comply with all applicable national and international laws and regulations, as well as any advertising, marketing, privacy, or other self-regulatory codes applicable to your industry if you represent a business. For example, you may not take any action, or upload, download, post, submit, or distribute any Content (including any User Submission), that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contractual duty; (b) you know is false, misleading, untruthful or inaccurate; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination, or violence, or is otherwise inappropriate as determined by Explorers in its sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (e) involves commercial activities (whether or not for profit) and/or sales without Explorers' prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (f) contains software viruses or any other computer codes, files, worms, logic bombs, or programs that are designed or intended to disrupt, disable, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Explorers or any third party; (g) impersonates any person or entity, including any employee or representative of Explorers; (h) includes anyone's identification documents or sensitive financial information; or (i) breaches any Explorers policy or rules incorporated therein.
You are also prohibited from (directly or indirectly): (a) selling, licensing, renting, or otherwise using or exploiting any Content for commercial (whether or not for profit) use or in any way that violates any third party right; (b) taking any action that imposes or may impose (as determined by Explorers in its sole discretion) an unreasonable or disproportionately large load on Explorers' (or its third-party providers') infrastructure; (c) interfering or attempting to interfere with the proper working of the Service or any activities conducted on the Service; (d) bypassing any measures Explorers may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (e) running any form of auto-responder or "spam" on the Service; (f) using manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform; (g) harvesting, scraping, copying, or mirroring any Content from the Service; (h) modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, republishing, repurposing, selling, trading, or in any way exploiting the Service or Explorers Content (other than your own Content), except as expressly authorized by Explorers; (i) deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; (j) copying, renting, leasing.
Explorers also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Explorers, its users and the public.
Explorers may provide links to third-party websites or resources. You acknowledge and agree that Explorers is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Explorers of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You acknowledge that Explorers may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Explorers's servers on your behalf. You agree that Explorers has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Explorers reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Explorers reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Explorers is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Explorers with respect thereto.
Explorers reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If Explorers terminates these Terms of Use, or your access to the Service, or if you deactivate your account, then you may not access the Service. Any provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms of Use constitute the entire agreement between you and Explorers and govern your use of the Service, superseding any prior agreements between you and Explorers with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Explorers services, affiliate services, third-party content, or third-party software.
These Terms of Use and any disputes arising out of or related to these Terms of Use or the Service shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to its conflicts of law principles. Any legal claims arising out of or in connection with these Terms of Use or the Service shall be brought exclusively in the competent courts of Amsterdam, the Netherlands.
Feedback and Unsolicited Idea Submission Policy
Explorers values and appreciates feedback from its users. If you have any feedback regarding Explorers' business, you can send it to us at support@explorerslive.com. Please note that any feedback you provide to Explorers or its employees will be considered non-confidential.
Explorers reserves the right to use your feedback for any purpose, commercial or otherwise, without compensation or attribution to you.
Third Party Sites and Services
The Service may allow Users to link to other websites, apps, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. However, you acknowledge that Explorers has no control over these third-party websites and resources, and therefore, any access or use of these websites or resources is solely at your own risk. Explorers is not responsible or liable for any aspect of such websites or resources, including their content, functions, accuracy, legality, appropriateness, or any damages or losses that may result from the use of or reliance on such websites or resources. The inclusion of any such link does not imply endorsement by Explorers or any association with its operators. You acknowledge and agree that Explorers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. This also includes downloading the Platform from third-party application stores (such as Apple App Store and Google Play Store) authorized by Explorers.
Conditions of Sale
Eligibility and Credit Card Terms
To purchase any Explorers or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. If you pay by credit card, your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing your credit card number and associated payment information, you agree that Explorers is authorized to immediately invoice your account for all fees and charges due and payable to Explorers as a result of your purchase of any Travel Books or other products. You agree to immediately notify Explorers of any change in the credit card used for payment hereunder or in any associated information. Explorers reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Explorers Credit
Any credit issued to you by Explorers is non-cashable and cannot be exchanged for cash. Explorers credit can be redeemed towards future purchases using your Explorers account, and it will be automatically applied in the checkout process. Explorers credit is valid for 1 year from the date of your last purchase, or from the date of registration as an Explorers User if you have not made any purchases. If your Explorers credit expires, it will be removed from your Explorers account.
Explorers Coupon Codes
Explorers may provide you with promotional coupon codes (“Coupon Codes”), which give you a discount when buying a product, such as a Travel Book. Any Coupon Code issued to you by Explorers is non-cashable and cannot be exchanged for cash. Coupon Codes can be redeemed towards future purchases using your Explorers account, and you can enter your Coupon Code at the last step of the checkout process. Only one Coupon Code can be used per order. Coupon Codes are valid until the date mentioned on the Coupon Code, or otherwise until 6 months after you have first received the code. Coupon Codes cannot be applied to shipping and processing, taxes, previous purchases, or other products on the Explorers Platform. Additional charges may apply for import taxes, unless otherwise specified. We reserve the right to change or cancel the terms and/or value of Coupon Codes at any time without notice.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Explorers has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
Disputes
In the event that you dispute any charges on your credit card statement, you must notify us in writing within seven (7) days of receiving the statement. Failure to do so will be deemed as waiving your right to dispute. You may send the notification to the following address: Explorers Customer Service, Hovenierskade 16, 2805 PK Gouda, The Netherlands, or via email at support@explorerslive.com.
Returns
All sales are subject to the return policies currently in effect at Explorers.
Title and Risk of Loss
All products purchased through the Service are governed by a shipment contract. The risk of loss and title of such products will transfer to you upon delivery to the carrier.
Orders and Specifications
To place an order, you must follow the order procedure outlined on the website. The site displays the price payable for each product and provides information on the payment procedure. All products are offered for sale subject to availability and our acceptance of your order.
Upon confirmation of your order, you will receive a confirmation containing details of the order, the price, and an estimated delivery time. It is your responsibility to notify us of any errors or mistakes in the order as soon as possible. Failure to do so may result in the incorrect order being sent to you. Delivery times are estimates only, and while we make every effort to deliver within the specified time, we do not assume liability for any failure to do so. We strive to display and describe the printed colors on our products as accurately as possible, but we cannot guarantee that the colors will match those displayed on your monitor or mobile phone. We reserve the right to revise, discontinue, or modify products or services at any time without prior notice, and products may become unavailable without notice. We will not be held liable for any product or service that is unavailable.
Gift Cards
Ordering Gift Cards
To order a gift card on our website, simply enter the e-mail address of the person you want it to be sent to. Upon purchase, we will send the recipient a unique code that can be used to buy any of our products.
Purchase of Gift Cards
Gift cards are subject to the same purchasing conditions as other products, as outlined above. Please ensure that you provide a valid and accurate e-mail address for gift card delivery. In the event of an incorrect e-mail address, please contact our customer support team immediately. Gift cards can be returned within 14 days of purchase if they have not been used.
Redeeming Gift Cards
Upon receiving a gift card, you will receive an e-mail with a unique code that can be used on our website to purchase products. The code can be entered at the final step of the checkout process and can only be used with your Explorers account, subject to the above Conditions of Sale.
If the value of your purchase exceeds the amount of the gift card, you may use an additional payment method to cover the difference. If the value of the gift card exceeds the value of your purchase, the remaining balance can be used for your next purchase with the same code. You can check your current balance by contacting Customer Service. Any remaining value on the gift card will not be refunded.
Validity and Expiration
Explorers gift cards are valid for three years from the date of purchase.
Termination
Explorers may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
The Platform and Services are provided on an "as is" basis, and Explorers does not make any warranties or representations with respect to the accessibility or functionality of the Platform and Services. You acknowledge that Explorers has no control over who gains access to the Service, what Content is accessed through the Service, and how the Content may affect you. Additionally, the Service may contain or direct you to websites with offensive or inappropriate material, and Explorers does not guarantee the accuracy, legality, or decency of such material. You release Explorers from any liability relating to your interactions with other Users and understand that Explorers does not screen Users, inquire into their backgrounds, or verify their statements.
Explorers makes no representations or warranties regarding the conduct of Users or the accuracy of their information. In no event shall Explorers be liable for any damages arising from your use of the Services, including but not limited to bodily injury, emotional distress, or damages resulting from communication or meetings with other Users. You agree to take personal care and reasonable precautions in all interactions with individuals you come into contact with through the Services, and to not provide your financial information to others.
Explorers reserves the right to terminate your access to the Service at any time, with or without notice, and with or without cause. Termination may result in the loss of all information associated with your membership, and any fees paid are non-refundable. Provisions of these Terms of Use that by their nature should survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
Indemnification
You are responsible for defending, indemnifying, and holding harmless Explorers, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, and representatives from any losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities that arise from or relate to your use or misuse of the Platform, Service, Content or otherwise from your Content, violation of these Terms of Use, or infringement by you or any third party using your account, of any Intellectual Property Right or other right of any person or entity, except to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Explorers. Explorers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Explorers in asserting any available defenses.
Liability
Explorers' liability, whether based upon default, unlawful act or any other ground, is excluded to the fullest extent permitted by law.
Governing Law
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Explorers agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of The Netherlands. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Court in Amsterdam to which the Parties irrevocably submit.
Integration and Severability
These Terms of Use represent the entire agreement between you and Explorers regarding the use of the Service, Platform, and Content, and supersede all prior communications and proposals (whether oral, written or electronic) between you and Explorers relating to the Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary to maintain the full force and enforceability of these Terms of Use. The failure of either party to exercise any right provided for in these Terms of Use shall not be deemed a waiver of any further rights.
Please note that waiver of compliance in a particular instance will not constitute a waiver of compliance in the future. Any waiver of compliance with these Terms of Use must be provided to you in writing by Explorers through one of its authorized representatives in order to be binding.
Miscellaneous
Explorers shall not be held liable for any failure to perform its obligations under these Terms of Use, where such failure is beyond its reasonable control, including but not limited to mechanical, electronic, or communication failures or degradation such as "line-noise" interference. These Terms of Use are personal to you and may not be assigned, transferred, or sublicensed by you without Explorers’ prior written consent. However, Explorers may assign, transfer, or delegate any of its rights and obligations under these Terms of Use without consent. No agency, partnership, joint venture, or employment relationship is created between the parties as a result of these Terms of Use, and neither party has the authority to bind the other in any respect unless specifically stated in these Terms of Use. Unless otherwise specified, all notices related to these Terms of Use will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail with a return receipt requested. If receipt is electronically confirmed, it will be deemed to have been received on the date of confirmation. Notices may also be sent via facsimile, email or for next day delivery by a recognized overnight delivery service, in which case it will be deemed to have been received on the next business day after it is sent.
Contact
You may contact Explorers at the following address: Hovenierskade 16, 2805 PK, Gouda, The Netherlands. Explorers is a brand of Pacem Holding B.V., which is registered with the Chamber of Commerce in the Netherlands under number 58089160.
