Welcome to www.explorableplaces.com (the “Website”).
This Website is operated by Oslo Innovations, L.L.C., a New York limited liability company (doing business as Explorable Places) (sometimes referred to as “we,” “us,” “our”).
If you do not agree to these Terms, then do not use the Services.
We will use commercially reasonable efforts to ensure the Services are up and running but we are not liable for any time during which the Services may be down. We may modify, change, or remove, parts or all of the Services at any time.
You may not do anything through the Services that is illegal or that diminishes our purposes or that will harm the Services including without limitation using bots, scrapers, harvesters, or other automated systems. You may not use the Services if you are under 13, if we have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.
If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.
We may serve third-party advertisements on the Services. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk. Our inclusion of those advertisements on the Services is not an endorsement by us of their goods or services.
Some or all of the Services may be accessible only after signing up for a paid account (“Premium Services”). The fees for Premium Services are described within the Services and/or will be provided to you in a separate written document, including email. If you sign up for a Premium Service, then you are thereby agreeing to pay us all fees required for that paid account as described on our Services or as agreed to between you and us in writing, including email.
You may only sign up for a Premium Service if you provide us with valid credit or debit card information and authorize us to charge your payments (in most situations, recurring payments) to that card. Your continued used of the Premium Services is also contingent on those payments being approved and processed. By submitting that card information to us, you represent and warrant that you are authorized to use that card. If your card information becomes invalid or your card is rejected, we will try to contact you to request valid credit card information from you and we may suspend your Premium Services until your payments are processed in accordance with these Terms.
Either party may terminate your use of the Premium Services at any time by providing prior written notice (including electronic communication) of such termination to the other party or by using the termination features of the Premium Services, if any. However, your obligation to pay us for Premium Services rendered, as well as all of your representations, warranties, and indemnifications in these Policies, shall survive the termination of such Premium Services indefinitely. Additionally, upon such termination, you will not be entitled to a refund of sums already paid to us for Services or Premium Services not yet rendered unless we failed to perform a majority of the Services offered to you under the description of Premium Service.
The Services, including without limitation all design, software, code, and other content on the Services, are either owned by us, licensed to us, or likely owned by another individual or business and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
If you submit any content to us including text, photos, videos, or other content (“Your Content”), then you (a) represent and warrant that you either own or have permission to use all of Your Content including the intellectual property in and to the same; and (b) you grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, transferable, license to use Your Content including without limitation the right to reproduce, prepare derivative works from, distribute, display, and perform, all of Your Content for any reason, with or without attribution. For clarification, the license above is perpetual and irrevocable, meaning your termination of your use of the Services does not terminate the license. Additionally, Your Content may be visible to other users of the Services and we cannot guarantee that they will not violate your rights with respect to Your Content and we disclaim all liability for such uses by other users. You may request that we remove Your Content from our Services but we may not be able to do so and we are not obligated to do so. We also have no obligation to retain any of Your Content.
If your business or destination is listed on our Services as a potential location for field trips and you do not want your business or destination listed, then you may contact us at email@example.com to request that we remove the same from the Services. We respect your rights and will comply with all lawful requests for removal of the same.
We respect intellectual property rights and it is our policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to our Designated DMCA Agent at: Address or Email.
Your DMCA Notice must include the following:
PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
At our sole discretion, we may allow you to interact with, pull data from, and use, the Services using one or more Application Program Interface (commonly referred to as an API) and if we do, then additional API terms and conditions may apply to your use of our APIs. For clarification, our API(s) are considered part of our “Services.”
THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.
THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS SUBJECT TO THE FOLLOWING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS.
We do not perform background checks or safety reviews or other related due diligence on the destinations (museums, attractions, etc.) and/or individuals (business owners, managers, teachers, etc.) which are described on our Services. If you choose to visit any of the destinations described on our Services, or if you choose to interact with any of the individuals described on our Services, you do so at your own risk. You agree that you have had whatever opportunity you deem necessary to investigate the destination you may visit for a field trip and that you are not relying upon any statement of law or fact made by us relating to the same. You agree that taking a field trip to a destination described on our Services may carry inherent risk, and by participating in such a field trip, you choose to assume those risks voluntarily. For example, some field trips may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in the field trip. You assume full responsibility for the choices you make before, during and after your participation in a field trip. If you are bringing guests to the field trip, including minors and/or students, you are solely responsible for the supervision of those guests throughout the duration of your field trip and to the maximum extent permitted by law, you agree to release and hold harmless us and our Affiliates from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that guest during the field trip or in any way related to your field trip.
We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including without limitation all warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. We disclaim all liability for identity theft and other misuse of your identity or other content. We do not make any guarantees regarding the operation of the Services, portions or all of which may be unavailable at times or terminated permanently. We do not control or vet content submitted by the users of our Services.
You shall save, indemnify, and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with these Terms, (b) your submission of content that violates third party rights or applicable laws, (c) any applications or programs which you create which use any of our Services, and (d) any activity in which you engage on or through the Services including without limitation your interaction with other users of the Services and field trips to destinations described on our Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or field trip.
Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.
Notwithstanding the agreement to arbitrate above, either you or us may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
You may stop using the Services at any time. Additionally, if you create a user account, you may terminate the account at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Services.
In our sole discretion, at any time, and with or without notice, we may (a) suspend your access to or terminate your right to use of all, or parts of, the Services; (b) suspend your access to or terminate your user account, if applicable; and/or (c) suspend or terminate all, or parts of, the Services.
Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: 809 W 181st St. #181, New York, NY 10033. You may send informal communications to us via email at firstname.lastname@example.org.