Terms of Service - Exploring Exposure Forums

The following terms and conditions govern all use of the community.exploringexposure.com website and all content, services and products available at or through the website, (the Website). The Website is owned and operated by Exploring Exposure, LLC (‘Exploring Exposure’). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Exploring Exposure Forums Privacy Policy) and procedures that may be published from time to time on this Site by Exploring Exposure (collectively, the “Agreement” ).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Exploring Exposure, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1.     Your Exploringexposure.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Exploring Exposure of any unauthorized uses of your account or any other breaches of security. Exploring Exposure will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2.     Responsibility of Contributors. If you comment on a forum, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

· The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

· The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

· The Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

By submitting Content to Exploring Exposure, you grant Exploring Exposure a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying on the forum. If you delete Content, Exploring Exposure will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Exploring Exposure has the right (though not the obligation) to, in Exploring Exposure’s sole discretion (i) refuse or remove any content that, in Exploring Exposure’s reasonable opinion, violates any Exploring Exposure policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Exploring Exposure’s sole discretion. Exploring Exposure will have no obligation to provide a refund of any amounts previously paid.

1.     Fees and Payment. By selecting a subscription plan you agree to pay Exploring Exposure the monthly or annual subscription fees for the service and additional usage fees indicated for that subscription plan. Payments will be charged on the subscription start date and will cover the use of the service for a monthly or annual period as indicated. Subscription fees are not refundable and are paid in advance of using such services. Payment for Services will be made by a valid credit card accepted by Exploring Exposure, unless other payment arrangements have been made. You hereby authorize Exploring Exposure to charge your credit card for such amounts according to your service usage. Exploring Exposure reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless otherwise stated in your subscription agreement, the subscription can be canceled by you at anytime unless stated otherwise in a subscription agreement or master services agreement. No refunds are provided for unused service portion of the billing period following cancellation.

2.     Responsibility of Website Visitors. Exploring Exposure has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Exploring Exposure does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Exploring Exposure disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3.     Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Exploringexposure.com links, and that link to Exploringexposure.com. Exploring Exposure does not have any control over those non-Exploring Exposure websites and webpages, and is not responsible for their contents or their use. By linking to a non-Exploring Exposure website or webpage, Exploring Exposure does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Exploring Exposure disclaims any responsibility for any harm resulting from your use of non-Exploring Exposure websites and webpages.

4.     Copyright Infringement and DMCA Policy. As Exploring Exposure asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Exploringexposure.com violates your copyright, you are encouraged to notify Exploring Exposure in accordance with Exploring Exposure Forums Digital Millennium Copyright Act (”DMCA”) Policy. Exploring Exposure will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Exploring Exposure or others, Exploring Exposure may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Exploring Exposure will have no obligation to provide a refund of any amounts previously paid to Exploring Exposure.

5.     Intellectual Property. This Agreement does not transfer from Exploring Exposure to you any Exploring Exposure or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Exploring Exposure. Exploring Exposure, Exploring Exposure Forums, Exploringexposure.com, the Exploringexposure.com logo, and all other trademarks, service marks, graphics and logos used in connection with Exploringexposure.com, or the Website are trademarks or registered trademarks of Exploring Exposure or Exploring Exposure’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Exploring Exposure or third-party trademarks.

6.     Changes. Exploring Exposure reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Exploring Exposure may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7.     Termination. You may terminate your account on Exploringexposure.com at any time by contacting david@exploringexposure.com. There are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

Exploring Exposure may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, if you have a paid subscription plan or signed agreement with Exploring Exposure, such account can only be terminated by Exploring Exposure if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Exploring Exposure’s notice to you thereof; provided that, Exploring Exposure can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

1.     Disclaimer of Warranties. The Website is provided “as is”. Exploring Exposure and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Exploring Exposure nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

2.     Limitation of Liability. In no event will Exploring Exposure, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Exploring Exposure under this agreement during the twelve (12) month period prior to the cause of action. Exploring Exposure shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

3.     General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Exploring Exposure Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

4.     Indemnification. You agree to indemnify and hold harmless Exploring Exposure, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

5.     Miscellaneous. This Agreement constitutes the entire agreement between Exploring Exposure and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Exploring Exposure, or by the posting by Exploring Exposure of a revised version. The Agreement shall be governed by the laws of the United States of America without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Rapid City, SD, USA. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Rights under this Agreement may be assigned to any party that consents to, and agrees to be bound by, its terms and conditions; Exploring Exposure may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.