1. Your Acceptance
1a) By using or visiting the Explico, LLC (Explico) website or any Explico products, software, data feeds, and services provided to you on, from, or through the Explico website, you signify your agreement to these terms and conditions. If you do not agree to any of these terms please do not use the Service.
1b) This Service is provided by Explico on an “AS IS” and “AS AVAILABLE” basis and Explico reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree to be bound by such modifications. Explico is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2a) These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” may include the text, software, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Explico, including but not limited to all products, software, and services offered via the Explico website and mobile devices applications.
2b) The Service may contain links to third-party websites that are not owned or controlled by Explico. Explico has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Explico will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Explico from any and all liability arising from your use of any third-party website.
3. Explico Accounts
3a) In order to access some features of the Service, you will have to create an Explico account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Explico immediately of any breach of security or unauthorized use of your account.
3b) Although Explico will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Explico or others due to such unauthorized use.
4. Explico Premium Accounts
4a) Premium Member and Premium Publisher accounts are based on periodic subscription fees that are available for all users. You can refer to our premium package plans for more details on premium accounts subscriptions.
4b) The subscription fees will be billed according to the respective payment method chosen by the user. Users who use Explico credits, their subscription will be automatically renewed provided that they have enough credits in their accounts.
4c) You agree to pay for all charges and fees incurred in connection with your username and password for Explico Premium Subscription Service. All fees and charges are non-refundable. If you would like to cancel your subscription, switch to another premium service package or if you believe someone has accessed your account without your authorization, please contact us.
4d) A premium account is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
4e) You are responsible for the content you publish and distribute on Explico. You warrant that you own or have necessary licenses, rights, consents, and permissions to publish the contents.
4f) You agree not to publish and create any premium listings for contents that violate our Terms of Service. Explico has the right to remove the listings without any prior notice and fees or charges will not be refunded.
4g) You understand that your subscription or access to contents of the Site will be suspended if you violate the Terms of Service. Suspended accounts will not be restored and fees or charges will not be refunded.
5. General Use of the Service-Permissions and Restrictions
Explico hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
5a) You agree not to distribute in any medium any part of the Service or the Content without Explico’s prior written authorization unless Explico makes available the means for such distribution through functionality offered by the Service.
5b) You agree not to alter or modify any part of the Service.
5c) You agree not to access Content through any technology or means other than the download page of the Service itself or other explicitly authorized means Explico may designate.
5d) You agree not to use the Service for any of the following commercial uses unless you obtain Explico’s prior written approval:
5d-1) the sale of access to the Service;
5d-2) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
5d-3) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Explico appears on the same page and is of sufficient value to be the basis for such sales.
5e) Prohibited commercial uses do not include:
5e-1) uploading an original material to Explico, or maintaining an original profile on Explico, to promote your business or enterprise;
5e-2) any use that Explico expressly authorizes in writing.
5f) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Explico servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Explico grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Explico reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
5g) You agree not to create posts, publish or distribute contents to Explico of any kind that is, within the sole dicretion of Explico, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
5g-1)Infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secrets, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights. Files/contents should not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Explico all of the license rights granted herein;
5g-2) Promotes the infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
5g-3) Contains improper, incorrect and fake contents in any way that contents are with a different preview and incorrect title;
5g-4) Is duplicated or contains the same files and contents that already exist on Explico;
5g-5) Contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
5g-6) Is offensive, abusive, threatening, harassing, stalking, promoting violence, racism, harm, hatred or bigotry against any group or individual;
5g-7) Is libellous, defamatory or promotes information that you know is false or illegal;
5g-8) Violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;
5g-9) Solicits information from anyone under the age of 18;
5g-10) Is pornographic, sexually explicit or contains nudity;
5g-11) Is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
5g-12) Is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling).
5h) In your use of the Service, you will comply with all applicable laws.
5i) Explico reserves the right to discontinue any aspect of the Service at any time.
6. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
6a) All brand, product and service names used in this Service which identify Explico or third parties and their products and services are proprietary marks of Explico and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Explico or any third party with respect to any such image, logo or name.
6b) Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Explico on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Explico or the respective licensors of the Content. Explico and its licensors reserve all rights not expressly granted in and to the Service and the Content.
6c) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6d) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Explico 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 Explico with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Explico, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7. Your Content and Conduct
7a) As an Explico account holder, you may submit Content to the Service (content, wallpapers, images, etc). You understand that Explico does not guarantee any confidentiality with respect to any Content you submit.
7b) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Explico all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
7c) You retain all of your ownership rights in your Content. However, by submitting Content to Explico, you hereby grant Explico a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Explico’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Explico may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.
7d) You further agree that Content you submit to the Service will not contain third party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Explico all of the license rights granted herein.
7e) Explico does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Explico expressly disclaims any and all liability in connection with Content. Explico does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Explico will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Explico reserves the right to remove Content without prior notice.
7f) Explico has no ability to control the Content you may upload, post, or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post, or otherwise transmit using the Service.
8.Account Termination Policy
8a) Explico will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
8b) Explico reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as but not limited to, pornography, obscenity. Explico may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
9. Google Analytics Tracking
9a) Explico has changed its Analytics tracking code to support Display Advertising. The features we have implemented is the Google Analytics Demographics and Interest Reporting. You can choose to opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
9b) Explico will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that are based on the DoubleClick cookie unless Explico has robust notice of, and your prior affirmative (i.e., opt-in) consent to, that merger. We encourage you to read more on Google Analytics opt-out browser add-on.
9c) Explico may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics. This helps Explico better understand how our Service is being used and to help tailor content and advertising on the Service.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPLICO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. EXPLICO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. EXPLICO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXPLICO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL EXPLICO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EXPLICO SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. Additional Terms
These Terms shall be governed by and construed in accordance with the laws of the United States of America. Explico makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Explico, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
13a) Your use of and access to the Service;
13b) Your violation of any term of these Terms of Service;
13c) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
13d) Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Explico without restriction.
You agree that: (i) the Service shall be deemed solely based in Oregon; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Explico, either specific or general, in jurisdictions other than Oregon. These Terms of Service shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and Explico that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Clackamas County, Oregon. These Terms of Service and any other legal notices published by Explico on the Service shall constitute the entire agreement between you and Explico concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Explico’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Explico reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND EXPLICO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.