Terms of service
Thank you for joining the Exploriment and using our products and services, the products and services are provided by Exploriment, located at Laan van de Marel 265, 7823 BG Emmen in the Netherlands.
By using our products and services, you are agreeing to these terms. Please read them carefully.
The summary provided alongside these terms is not legally binding and is solely present to give you a very short and simplified understanding of the contents discussed in a particular section.
Welcome to the Exploriment!
§ 1. Definitions.
The following words, when capitalized, have the meaning stated:
- “Agreement” - These Terms of Service and each of the other applicable documents reference in these Terms of Service.
- “App” - A product, service, online store or physical store using Exploriment’s Services, an App is operated by a Vendor.
- “Credit” - Account credit (balance) granted by Exploriment or App. This account credit may be in any real-world currency or App specific fictional currency.
- “Intellectual Property” - Patents, copyrights, trademarks, trade secrets and any other proprietary intellectual property rights.
- “Service” - Product, service or website owned and controlled by Exploriment, located at Laan van de Marel 265, 7823 BG Emmen in the Netherlands. Registered at the Dutch Chamber of Commerce in Emmen under no. 65949331.
- “Vendor” - A legal entity or natural person that operates one or more Apps on Exploriment.
The words may be pluralized.
Here we’re explaining what some words mean in this document. This way we all agree that a unicorn only has one horn and not two.
§ 2. Using Services.
Unless otherwise stated, Exploriment and/or its licensors own the Intellectual Property published on the Services and materials used on the Services. All Intellectual Property is reserved.
Do not misuse the Services. You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
What’s ours is ours. Don’t misuse our services.
§ 3. Exploriment account.
You need an Exploriment account to use some of the Services. You can create your own Exploriment account on the registration form at https://exploriment.io/account/create. Your Exploriment account may be upgraded to a Vendor account by Exploriment, additional Vendor terms at https://exploriment.io/legal/vendor-terms apply for Vendor accounts.
To protect your Exploriment account, keep your password confidential. You solely are responsible for any activity that happens on or through your Exploriment account. We strongly discourage you to reuse passwords anywhere, we recommend you to use a password manager to generate passwords for you and to keep them safe.
You agree to provide true, accurate, current and complete information and maintain said information about yourself as prompted by the Service’s registration and to immediately inform Exploriment of any unauthorized use of your account or any other breach of security.
Keep your account safe and provide accurate information about yourself.
§ 4. Account credit.
Credit is bound to your Exploriment account and to Exploriment or an App. Credit is non-refundable and non-transferable. Credit does not constitute a personal property right, have no value outside Exploriment or the App and can only be used to complete orders via the Exploriment payment screen or via the App. Credit has no real-world value and is not exchangeable for real-world money of any kind.
Credit can only be used on orders with the same currency. Credit is not exchangeable for other currency. By default, Credit does not expire over time. The App may enforce certain Credit expiration rules, such as expiring Credit after a certain time of inactivity. You should consult the App’s website as to what rules are enforced in terms of Credit.
Exploriment and the App may terminate or suspend access to any Credit immediately, without prior notice or liability, for any reason whatsoever, including limitation if you breach the Agreement.
Exploriment and Apps may grant you account credit in any currency, which you can use to (partially) complete orders. By default, they don’t expire, but it may be different for each App.
§ 5. Uploaded content.
Some of the Services allow you to upload, submit, store, send or receive content. You retain ownership of any Intellectual Property that you hold in that content.
When you upload, submit, store, send or receive content to or through the Services, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license (through multiple tiers) and otherwise exploit such content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties.
Don’t upload what’s not yours. Your content stays yours, however you give us the right to store, publish, distribute and modify it anywhere.
§ 6. Termination.
We may terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. 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.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your 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.
Don’t misuse our services or breach these terms or we may suspend you.
§ 7. Disclaimer & limitations of liability.
SERVICES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE EXPLORIMENT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EXPLORIMENT, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF EXPLORIMENT OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT EXPLORIMENT OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR ANY OTHER THIRD PARTIES.
Services may contain links to third-party websites or services that are not owned or controlled by Exploriment. Exploriment has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Exploriment 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 websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By using the Services, you acknowledge and agree to our disclaimer of any such liability.
We’re not responsible for things we can’t or don't control. We also can’t give you any warranty that things are perfect. Services are provided “as is”.
§ 8. Indemnification.
You hereby indemnify Exploriment and undertake to keep Exploriment indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Exploriment to a third party in settlement of a claim or dispute on the advice of Exploriment’s legal advisers) incurred or suffered by Exploriment arising out of any breach by you of any provision of these terms, or arising out of any claim that you have breached any provision of these terms.
Exploriment reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Exploriment with such cooperation as is reasonably requested.
§ 9. Governing law.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by the Netherlands Commercial Court, Amsterdam. The language used in proceedings before this court shall be Dutch or English. To the extent permissible under law, parties hereby waive their right to settle disputes before any other competent authority. In case this article is not valid according to the applicable law, parties agree to rewrite, adjust and/or interpret this article in a manner consistent with the invalid article.
The Dutch law rules apply.
§ 10. About the terms.
The Agreement constitutes the complete and exclusive understanding between the parties regarding its subject matter and supersedes and replaces any prior or contemporaneous representation(s), agreement(s) or understanding(s), written or oral.
If you do not comply with these terms and we don’t take action immediately, it doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
In an event where a particular term is not enforceable, it will not affect any other terms.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
Some additional information about when these terms apply. We also sometimes need to update these terms.
§ 11. Contact information.
If you have any questions or complaints, you may contact us by raising a support ticket or emailing us directly to [email protected] – You may expect a response within five business days.
You may also write to us:Exploriment
Laan van de Marel 265
Chamber of Commerce no.: 65949331
Last revision: 24th of July 2018
Any questions or complaints? Feel free to contact us.