1. Basic Terms
This site is owned and operated by OFF EXPLORING LTD. OFF EXPLORING has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
Unit 1428, Chynoweth House, Trevissome Park, Truro, TR4 8UN.
2. Restrictions of Use
A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without OFF EXPLORING's express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in OFF EXPLORING's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States and International copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part (this includes displaying this sites content within the context or frames of another web site). Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation in any form will be permitted without the express written permission of OFF EXPLORING. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
C. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public or private area of the site, you automatically grant, or warrant that the owner of such material has expressly granted OFF EXPLORING the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant OFF EXPLORING the right to edit, copy, display, publish and distribute any material made available on the site by you.
E. The foregoing provisions of Section 2 are for the benefit of OFF EXPLORING, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3. Disclaimer of Warranty; Limitation of Liability
A. You expressly agree that use of the site is at your sole risk. Neither OFF EXPLORING, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service or merchandise provided through the site.
B. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of the site.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that OFF EXPLORING is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will OFF EXPLORING, or any person or entity involved in creating, producing or distributing the site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall OFF EXPLORING’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this site.
OFF EXPLORING shall have the right, but not the obligation, to monitor the content of the site [including blogs and message boards], to determine compliance with these conditions of use and any operating rules established by OFF EXPLORING and to satisfy any law, regulation or authorised government request. OFF EXPLORING shall have the right (without notice) in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, OFF EXPLORING shall have the right to remove any material that OFF EXPLORING, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless OFF EXPLORING and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable lawyers' fees) arising out of your use of the site.
6. Internet Links
8. Travel Journal PDF Purchases
You can purchase your travel blog as a downloadable PDF document, which contains all the blog
entries, photos and messages uploaded to your
OFF EXPLORING blog account. The price of your PDF depends on the number of pages. This will be calculated and shown to you on the checkout page. Payment for your PDF can be made by credit or debit card via our payment processor, Stripe. After payment, you will be able to download your PDF. We will record the date, time, location, and IP address of your device when you access the PDF. Once downloaded, your product will be deemed to have been delivered. All sales of travel journal PDFs are final and no refunds will be issued.
9. Changed Terms
OFF EXPLORING has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.