Terms of Use

Website Terms of Use

Welcome to the website of GlobalXplorer (collectively, "Company", "we" or "us"). The following terms and conditions, together with any documents incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of globalXplorer.org and any other website operated by us, including any content, functionality and services offered on or through these websites (each, a "Website").

 

By using the Website, you agree to these Terms of Use and our Privacy Policy. Please read them carefully.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy and incorporated in these Terms of Use by reference. If you are using the Website on behalf of a business, that business accepts these terms. All information that we collect via the Website is subject to our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

We can change these Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after that time. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes to these Terms of Use.

 

We can change the information and functionality available on the Website.

We reserve the right to withdraw or modify all or part of the Website in our sole discretion without notice. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You may need to register on the Website to have access to certain functionality. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. All the information you provide must be correct, current and complete and is subject to our Privacy Policy.

 

You are responsible for keeping your user name and password confidential.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

We own all intellectual property rights in and to the Website and its contents.

The Website and its entire contents, features and functionality (including all images, information, software, text, displays, video and audio, and the design, selection and arrangement thereof), are owned by us and our licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.

 

You may only use the Website for your personal use.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: • Your computer may temporarily store copies of these materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution except as otherwise specifically permitted by these Terms of Use.
• You may use the images, tools and applications only as permitted by these Terms of Use.

Except as specifically permitted by these Terms of Use and NG Content limited license, you must not modify copies of any materials from the Website; use any imagery, illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

 

You may only use the imagery in our platform for your personal use.

Subject to the NG Content license below, the imagery and photography available in the platform on the Website may only be used by you for your personal, non-commercial purposes. You may not sell, license or distribute this imagery or photography, remove any copyright notice or proprietary legend from the imagery or photography or use the imagery or photography for competitive analysis or benchmarking. All copies of this imagery and photography must include all copyright notices and other proprietary legends that are contained in the original.

 

You may only use applications downloaded from the Website in accordance with the following terms.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use this software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the products or services provided by us, in the manner permitted by these Terms of Use. You may not copy, modify, distribute, sell, or lease any part of our applications, nor may you reverse engineer or attempt to extract the source code of that application, unless laws prohibit those restrictions or you have our written permission. You may not use the Website in violation of applicable law or these Terms of Use.

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

• In any way that violates any applicable law or these Terms of Use.
• To exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send any promotional material, including any "junk mail", "chain letter" or "spam.”
• To impersonate us or anyone else.
• To engage in any other conduct that may harm us or users of the Website or expose them to liability.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to damage or disrupt any parts of the Website or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

 

Any content you contribute to the Website or a social media platform is non-confidential and may be removed by us.

We welcome your feedback and suggestions about our products, services and the Website. By submitting any suggestions, questions, information, material or other content (collectively, “Feedback”), you represent and warrant that this Feedback does not infringe or violate the intellectual property or proprietary rights of any third party and that you have all rights necessary to convey to us and for us to use this Feedback. By providing any Feedback, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties the Feedback for any purpose.

 

All Feedback is considered non-confidential and non-proprietary. All Feedback is subject to our content standards Feedback represents the thoughts and opinions of the individual contributing the Feedback and does not necessarily reflect our opinion or endorsement. Where comments are welcomed, we encourage you to use the feature to contribute to the dialogue or share your Feedback. However, Feedback must comply with all applicable federal, state, local and international laws and regulations, be relevant to the post or topic to which you are commenting and be respectful of us and other users. Feedback must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other legal rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote or assist any unlawful act.
• Misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities, including contests, sweepstakes and other promotions.
• Give the impression that they are endorsed by us or others if this is not the case.

We have the right to remove or refuse to post any Feedback for any or no reason in our sole discretion. However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

 

We do not warrant the accuracy or completeness of the information posted on the Website.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on the information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

 

Other terms and conditions may apply to specific features of the Website.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All additional terms and conditions are incorporated by this reference into these Terms of Use.

 

You may only link to the Website with our permission. You may only link to the Website with our permission, and then you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part without our express written consent.

 

We are not responsible for the content on third party websites that may be linked to the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites. We may provide links to social media features.

 

We may provide you with ways to access and share content across your social networks.

All social media tools are covered by our Privacy Policy and the content standard set forth in these Terms of Use. Your use of the Website is at your own risk.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF ANY KIND. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE INCLUDING ANY WARRANTY THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We are not liable for any damages relating to your use of the Website.

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT OR SERVICES ON THESE WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

You will reimburse us if we incur damages or costs as a result of your use of the Website.

You agree to indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website or your violation of these Terms of Use.

 

These Terms of Use are governed by Alabama law.

Any dispute or claim arising from or related to the Website and these Terms of Use will be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website must be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and County of Jefferson, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by these courts and to venue in these courts.

 

These Terms of Use are subject to the following general provisions.

These Terms of Use, including our Privacy Policy and other terms incorporated by reference, constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

No waiver by us of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use will not constitute a waiver of that right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Please contact us if you have comments and/or questions about these Terms of Use. The Website is operated by GlobalXplorer, Inc., located at 1500 1st Ave N. STE F104, Birmingham, Alabama 35203. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [ info@GlobalXplorer.com ].

 

In addition to these terms set forth by GlobalXplorer, the following terms from National Geographic apply.

DISCLAIMER:  National Geographic is only licensing content for use on the Website and is not responsible nor held liable for the operation and data collection necessary to operate the Website.  

NATIONAL GEOGRAPHIC LIMITED CONTENT LICENSE:  The NG Content, as hosted by the Website, contains information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") provided by National Geographic and its licensors ("NG Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. NG Content contained in the Website is protected by copyright, trademark, patent, trade secret and other laws and, as between you and National Geographic, its licensors, own and retain all rights in the NG Content. National Geographic hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the NG Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content.  You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any NG Content contained in or through the Website.

 

Except as explicitly and expressly permitted by National Geographic or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the NG Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the NG Content contained in the Website or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the NG Content, including geo-filtering mechanisms. Except as necessary in order to make reference to National Geographic or Website in a purely descriptive capacity, you are expressly prohibited from using any NG Content in any manner.

 

You may not, without the National Geographic’s written permission, “mirror” any NG Content contained on this Website or any other server