Welcome to Explore Guide AI!

Description of Service

Explore Guide AI (“We”) provides a platform via its website and apps (the “Site”) to a community of registered users (“Users” or “you”) to upload and display photographs, video, audio and text and links to photographs, video, audio and text resources (“Digital Content” or "Content") share comments, opinions and ideas, promote Digital Content collections, participate in contests and promotions, store digital content and be linked to 3rd Party Services (see "3rd Party Services", below) to consume that digital content or to buy from that service. Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.

Basically,

We develop a community and provide services around organising and sharing digital content. We may develop other services in the future.

Acceptance of Terms

BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

Basically,

By using Explore Guide AI you agree to all the terms displayed here.

Modification of Terms

Explore Guide AI reserves the right, at its sole discretion, to modify or replace the terms at any time.

In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Explore Guide AI. Explore Guide AI reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Digital Content at any time at its sole discretion and without prior notice. Explore Guide AI may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Digital Content and you are directed to retain your own copies of all Digital Content posted on the Site.

Basically,

These terms may change if we feel they need to.

The service may be interrupted sometimes, most likely if things go wrong but possibly because we choose to close the service for some reason.

Registration

If you register an account and select a username then you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. If you do this then We may require you to change to a different username.

You are responsible for maintaining the confidentiality of your account and are solely responsible for all activities resulting from the use of your Explore Guide AI account.

Services are available to individuals who are at least 18 years old. Minors are not permitted to use the Services.

Basically,

You must be an adult to use the site. If you register a username then we may require you to change it if it violates someone else's rights.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Explore Guide AI are entirely responsible for all Content that you post, or otherwise submit to the Site. Explore Guide AI does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Digital Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Explore Guide AI. By way of example, and not as a limitation, you agree not to use the Services:

1. To abuse, harass, threaten, impersonate or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any Digital Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3. For any purpose (including posting or viewing Digital Content) that is not permitted under the laws of the jurisdiction where you use the Services;
4. To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Explore Guide AI user;
5. To create or transmit unwanted ‘spam’ to any person or any URL;
6. To create multiple accounts for the purpose of voting for or against users’ Digital Content;
7. To post copyrighted Digital Content or other Communications that do not belong to you or, with exception of commenting on Digital Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
8. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
10. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. To promote or sell Digital Content of another person; or
12. To sell or otherwise transfer your profile.
13. To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Explore Guide AI at email: contact@exploreguide.ai.

You are solely responsible for your interactions with other users of the Site. Explore Guide AI reserves the right, but has no obligation, to monitor disputes between you and other users.

Basically,

You cannot use our site to post pornographic material, harass people, send spam, and do other crazy stuff. Be reasonable and responsible, don't do anything stupid, and you'll be fine.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any Digital Content to the Site. By submitting content to the Site you are granting Explore Guide AI a worldwide, non-exclusive license to use the Digital Content and are representing and warranting to Explore Guide AI that the Digital Content is either owned or you are authorized to represent or distribute the Digital Content, and that Explore Guide AI is free to publish, distribute and use the Digital Content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of Explore Guide AI’s agreement to allow you to use the Services, you agree with Explore Guide AI as follows:

1. You acknowledge that:
   • By uploading your photographic or graphic works to Explore Guide AI you retain full rights to those works that you had prior to uploading;
   • By posting Digital Content to the Site you grant to Explore Guide AI a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Digital Content in connection with the Services. This license will exist for the period during which the Digital Content is posted on the Site and will automatically terminate upon the removal of the Digital Content from the Site;
   • The license granted to Explore Guide AI includes the right to use Digital Content fully or partially for promotional reasons and to distribute and redistribute Digital Content to other parties, websites, authorized agents, applications, and other entities, provided such Digital Content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to Explore Guide AI (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
   • Explore Guide AI has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Digital Content and the right to submit Digital Content to other parties and authorized agents for the purpose of creating tags for Digital Content;
   • This license to your Digital Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Explore Guide AI’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
   • Explore Guide AI makes no representation and warranty that Digital Content posted on the Site will not be unlawfully copied without your consent; and
   • Subject to the terms of the foregoing license, ownership or other rights in the Digital Content including any intellectual property rights or other proprietary rights associated with the Digital Content are retained by you or the Digital Content owner represented by You.
2. You represent and warrant that:
   • You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Digital Content you submit to the site;
   • You have the full and complete authority and right to enter into this agreement and to grant to Explore Guide AI the rights in the Digital Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Explore Guide AI of the Digital Content as contemplated herein; and
   • The Digital Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
3. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Explore Guide AI, all of which such rights are hereby expressly and irrevocably waived by you in favor of Explore Guide AI.

We reserve the right to restrict you from uploading Digital Content for any reason that we may so decide and we may do this without notice or liability

Basically,

Content you upload will preserve whatever copyright they had before uploading to this site. Once uploaded we can use the content as necessary in order to operate the service.

Copyright Complaints

Explore Guide AI respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Explore Guide AI will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Explore Guide AI of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of contact@exploreguide.ai and include in your notice a detailed description of the alleged Infringement sufficient to enable Explore Guide AI to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If you feel that your Content is not infringing, you may provide Explore Guide AI with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at contact@exploreguide.ai. You must include in your counter notice sufficient information to enable Explore Guide AI to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

In accordance with the terms of the Digital Millennium Copyright Act of the United States Copyright Office (the “Act”) Explore Guide AI avails itself of the protections under the act and reserves the right to remove any Digital Content or Communications that allegedly infringes another person’s copyright. Explore Guide AI will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to Explore Guide AI regarding any alleged copyright infringement should be directed to Explore Guide AI via email at: contact@exploreguide.ai.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the Website the material that you claim is infringing may be found, sufficient for Explore Guide AI to locate the material (e.g., the URL);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Explore Guide AI, its agent, or the law and is not a fair use;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide Explore Guide AI with a written counter-notification containing the following information:

• Your name, address, telephone number, and email address (if any);
• A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
• A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the then current statutory requirements imposed by the DMCA (see [http://www.loc.gov/copyright] for details), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
• Your electronic or physical signature.

Basically,

We respect copyright. If anything is wrong, please send an email with all the details to contact@exploreguide.ai.

3rd Party Services

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Explore Guide AI has no control over such sites and resources, you acknowledge and agree that Explore Guide AI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Explore Guide AI 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

The Services may be made available via 3rd Party Services (for example, via Google Assistant). Because Explore Guide AI has no control over such sites and resources, you acknowledge and agree that Explore Guide AI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Explore Guide AI 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Basically,

Explore Guide AI may be accessed via services that we do not control and our service may provide links to services that we do not control. We are not responsible for those services nor any impact that their service may have our our service.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge Explore Guide AI, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Explore Guide AI, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Explore Guide AI Username and password, (iv) the sale or use of your Marketplace Images, or (v) any violation of any rights of a third party.

Basically,

We are not liable if something goes wrong. Always have a backup of your important information. Don't rely on Explore Guide AI for income.

Explore Guide AI Imagery and Branding

We hold copyright over all imagery and branding that represents Explore Guide AI and the Services. They may not be used in connection with any other product or service without prior written approval by Explore Guide AI.

Basically,

Please respect our branding and copyrights.

Termination

Explore Guide AI may terminate or suspend any and all Services and/or your Explore Guide AI account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Explore Guide AI account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination of your account Explore Guide AI may automatically remove all Digital Content posted to your account that we do not deem part of a social conversation as outlined in the "Content Submitted Or Made Available For Inclusion On The Service" section.

Basically,

We may stop providing services at any time. You can also stop using your account or close your account at any time.

Warranty Disclaimer

YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. Explore Guide AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Explore Guide AI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER Explore Guide AI NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. Explore Guide AI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Explore Guide AI’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

YOU AND Explore Guide AI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF Explore Guide AI AND ALL PARTIES TO ANY SUCH PROCEEDING.

Miscellaneous

These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. The United Nations Convention on the International Sale of Goods shall not apply and is expressly excluded.

If any provision of these Terms 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 these Terms, which shall remain in full force and effect.

Indemnification of Explore Guide AI

You, agree to defend, indemnify and hold Explore Guide AI, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Explore Guide AI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General

These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. Failure of Explore Guide AI to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Basically,

We are not liable if things go really wrong. Things can happen — we are not responsible.

Last updated 15 June 2024