General Terms and Conditions of Subscription and Use of the Video On Demand Service

Updated May 2020

The Explorers Network, a SAS (French Simplified Joint Stock Company) with registered capital of 1.071.000 euros, registered in the Paris Trade and Companies Register under number 852 303 239 RCS PARIS (Intra-Community VAT number: FR 11 852 303 239), whose registered office is located at 141 avenue Félix Faure, 75015 Paris, (Telephone: 33 (0) 1 44 05 12 11) and whose Publication Director is Olivier CHIABODO (hereinafter “the Publisher”), is the publisher of the website www.theexplorers.com (hereinafter “the Website”) hosted by Microsoft Azure whose registered office is located 39 quai du Président Roosevelt, 92130 Issy-les-Moulineaux (Telephone: 09 70 01 90 90) and of THE EXPLORERS application available on the App Store, Google Play and Huawei AppGallery (hereinafter “the Application”) which can be used on compatible mobile devices (mobile phones and tablets) and on televisions running tvOS, Android TV or Samsung Smart TV.

Article 1. Scope and purpose

The purpose of these General Terms and Conditions of Subscription and Use (hereinafter the “General Terms and Conditions”) is to set out the general terms and conditions by which, firstly, the Publisher makes the Website and the Application (hereinafter referred to together as the “Platform”) and the fee-based high-resolution video on demand services streamed over the internet on compatible devices (hereinafter “The Explorers+ Service”) available to the User and, secondly, the User can access and use The Explorers+ Service available via the Website and the Application. They are supplemented by the Privacy Policy available on the Platform via https://theexplorers.com/privacy.

Article 2. Services offered

The Explorers aims to create the planet’s cultural, natural and human inventory.

The Platform enables the User to access high-resolution video and photographic content, information and articles, published by the Publisher or shared by Users, and to share their own photos and videos via the Platform.

Three different services are offered on the Platform:

A free service which does not require registration, allowing the User free access to limited content consisting of photos and video extracts accessible via streaming, without advertising and without registration
A free service which does require registration, allowing access to certain content and certain functions (sharing photos and videos, seeing photos and video extracts that cannot be accessed without registration, interacting with other Users via internal messaging and ‘liking’ content, creating favourites lists, sharing content on social networks (Twitter, Facebook) or through WhatsApp or Outlook)
A fee-based service allowing access not only to the content and functions available free of charge and with or without registration, but also to ultra-high definition (4K & 8K HDR) videos on demand, defined above as “The Explorers+ Service”.

These General Term and Conditions only govern the terms for providing and accessing The Explorers+ Service, i.e. the fee-based version of services offered by the Publisher.

The Explorers+ Service is accessible via the Platform and allows the User to:

access different information and photo and video content streamed via the Website and the Application
share photos and videos on the Website and/or from the Application
see video content in ultra-high definition (4K & 8K HDR)
interact with other Users via internal messaging and ‘like’ content
create favourites lists
share content on social networks (Twitter, Facebook) or through WhatsApp or Outlook
watch complete expedition videos that can be viewed in ultra-high definition (4K & 8K HDR), without advertising and streamed over the internet on certain televisions, computers and other compatible connected devices as defined in Article 3.2.

When taking out a subscription to The Explorers+ Service, the User can also agree to receive e-mail notifications regarding marketing communications and occasional special offers. The User can easily unsubscribe from these e-mail notifications by following the ‘unsubscribe’ instructions which appear in said e-mails.

Article 3. Technical requirements and conditions for accessing The Explorers+ Service

3.1. Conditions for subscribing to and accessing the Platform and The Explorers+ Service
Access to The Explorers+ Service from the Platform is restricted to Users residing in a country in which the Website and the Application are available and the internet and mobile internet allow access to The Explorers+ Service according to the technical requirements mentioned below in Article 3.2.

In order to be able to legitimately benefit from The Explorers+ Service provided via the Platform, the User declares that they have full legal capacity to enter into this contract, i.e. they are of legal age and not subject to legal guardianship or protection or else are an emancipated minor.

The Publisher grants the User and persons authorised by the User to access The Explorers+ Service (hereinafter the “Authorised Users”), the right to access the Platform in SaaS mode for the entire duration of the subscription to The Explorers+ Service, under the conditions described in more detail in Article 12.1 of the General Terms and Conditions.

The Parties agree that the Authorised Users who can access the Platform under the conditions described in these General Terms and Conditions are limited as follows: only two (2) concurrent connections are possible, up to a maximum of five (5) different connected terminals using the same identifiers.

The User and the Authorised Users can access and use the Platform at any time on compatible devices by means of identifiers consisting of a username and a password chosen by the User or via their identifiers linked to a social connector (Facebook Connect, Google Connect or Sign in with Apple) (hereinafter the “Identifiers”). Users must use the Identifiers each time they log in.

Please note that to use The Explorers+ Service on a compatible television, the Application generates a unique code which links the User’s Identifiers with the compatible television.

For this reason, the User undertakes to (i) keep the Identifiers confidential and ensure that the Authorised Users do not disseminate said Identifiers; (ii) restrict access to the Platform to Authorised Users only; (iii) monitor the Authorised Users’ access to the Platform and ensure that the Authorised Users use them in accordance with the provisions of these General Terms and Conditions. For this reason, the User is solely responsible for their own and/or their Authorised Users’ use of the Identifiers and the Platform.

The User is fully responsible for the safe-keeping and use of the Identifiers.

The User acknowledges that the use made of any connection to The Explorers+ Service with the User’s Identifiers shall be deemed to have been made by the User or their Authorised Users and is the full responsibility of the User.

If the Identifiers are used fraudulently or lost, the User must notify the Publisher immediately via the “Contact Us” section at: help@theexplorers.com, which will cancel the Identifier immediately and/or immediately change the password and associated code upon proof of the User’s identity.

If the User forgets their Identifiers, they can request a new password via the Website or the Application.
Under no circumstances shall the Publisher be liable for consequences that are detrimental to the User resulting from the unlawful, fraudulent or improper use of their Identifiers by a third party not expressly authorised by the User.

The User and any Authorised User accessing the Platform is prohibited from i) using the Platform and The Explorers+ Services for purposes other than those strictly specified in these General Terms and Conditions or in any manner prohibited by a legal or statutory provision; ii) using the Platform and The Explorers+ Services in violation of the rights of others; iii) using the Platform and The Explorers+ Services in a manner that might damage the Platform and/or The Explorers+ Services or interfere with their use by another User; iv) selling, leasing, sub-licensing, marketing, distributing, transferring or making available, in any way whatsoever, the Platform and/or The Explorers+ Services to any person other than the Authorised Users or providing any type of service to third parties in connection with the Platform; v) modifying (except in the manner permitted and described in the documentation and in these General Terms and Conditions), adapting, reverse-engineering, decompiling, disassembling or translating, in any other way, all or part of the Platform; vi) correcting Platform errors, faults and any other anomalies; vii) jeopardising the Publisher’s legitimate interests and in particular infringing its intellectual property rights and other rights relating to or connected with the Platform; viii) removing or altering the Publisher’s trademark, logo or any other distinctive sign contained in the Platform.

3.2. Technical requirements The User’s subscription to the Website and/or the Application provides access to the content on all the following devices, subject to the conditions set out below:

indiscriminately and irrespective of the device used: a high-speed internet connection by ADSL, cable or fibre of 3 Mbps is necessary, it being stipulated that a minimum speed of 10 Mbps is recommended.

PC: The User must have a compatible micro-computer with Microsoft® Windows 10, with one of the following compatible browsers installed:

Internet Explorer 11 or higher
Edge 44 or higher
Firefox 65 or higher
Google Chrome 70 or higher

Mac: The User must have a Mac with OS X 10.5 or higher, with one of the following compatible browsers installed:

Firefox 65 or higher
Google Chrome 70 or higher
Safari 13.0.4 or higher

Mobile phones and tablets: Before it can be accessed, the Application must be downloaded free of charge from the App Store, Google Play or Huawei AppGallery and installed on the following terminals:

iPhone and/or iPad, with iOS 11.2 or higher
Android smartphones and tablets, with 5.1 (SDK 22) or higher

Television: The Explorers+ Service can also be accessed from a television provided it runs Samsung SmartTV (Tizen) 2018 or higher, tvOS 12.1 or higher or Android TV 5.1 or higher.

The User is responsible for any internet connection charges. The User should contact their internet provider or mobile operator for further information regarding any internet data usage charges. The period which elapses before video content can be watched varies depending on several factors, including the User’s location, the bandwidth available when the User is watching said video and the configuration of their compatible device, and the speed of the User’s internet connection.

 To obtain 4K resolution, the User’s system must have a high-speed internet connection, i.e. a minimum of 7 Mbps; for 8K resolution, the User’s system must have a high-speed internet connection of 25 Mbps and/or a mobile internet connection via the minimum third generation (3G) mobile phone standard. However, we recommend a faster connection to improve video quality. 4K/8K HDR availability depends on the internet connection and the device’s capabilities. Not all content is available in 4K/8K HDR. A download speed of at least 3 Mbps is recommended for watching content in 720p, 5 Mbps for content in 1080p, 7 Mbps for content in 4K HDR and 25 Mbps for content in 8K HDR.
The User is responsible for ensuring that their devices and their connection to the internet or to the mobile internet network are compatible with the necessary technical requirements before subscribing to The Explorers+ Service.

The Publisher’s streaming software is designed by or for the Publisher and streams content by means of compatible devices. This software may vary depending on the compatible device and the medium used; the functions may also vary according to the compatible device. By using The Explorers+ Service, the User acknowledges that it may require the use of third-party software, subject to that third party’s licensing terms. The User agrees to automatically receive updated versions of the Publisher’s software or third-party software associated with The Explorers+ Service.

Article 4. Online subscription process

Throughout the process of online subscription to The Explorers+ Service, the General Terms and Conditions are available and accessible by clicking on the dedicated link in the “General Terms and Conditions” section.
To take out a subscription allowing access to The Explorers+ Service, the User must follow the steps below.

4.1 Creation of a personal account and payment on the Website

Step 1: Creation of a personal account and completion of subscription form
In order to subscribe to The Explorers+ Service offered by the Publisher, the User must create a personal account. A valid e-mail address will be required as well as a password to create this account. The Publisher will verify whether this e-mail address is valid by sending an e-mail to the address given.

When the User creates their personal account, they must complete the online subscription form in which the information required for providing The Explorers+ Service is marked with an asterisk.
The User fills in their personal details (username, first name and surname, date of birth, e-mail address) and a minimum of one payment method. The User undertakes to provide accurate, complete and truthful information via the form and to update it regularly thereafter via their User account.

Step 2: Steps for completing the subscription

Subscription to The Explorers+ Service takes place as follows:

The User, whether registered or not, clicks on a video with a “Premium” badge
A window is displayed to the User showing the various benefits and a description of The Explorers+ Service, with a button at the bottom of this window saying “Discover The Explorers+ offer”
The User is redirected to the https://theexplorers.com/svod page, where they can click on “Get 15 days free” then €2.99/month with no obligation
If the User is not registered on the Platform, they must create a personal account. To create this account, a valid e-mail address will be required as well as a password. The User fills in their personal details (username, e-mail address and password). The User undertakes to provide accurate, complete and truthful information via the form and to update it regularly thereafter via their User account.
If the User is already registered on the Platform, they must enter their Identifiers to log in to their User account
Before their subscription to The Explorers+ Service is confirmed, the User is shown a summary so that they can check the details and terms and conditions of their subscription, identify any errors made when entering their data and correct them r
The User must then certify that they are aged 18 or over and accept the General Terms and Conditions of Subscription by ticking the relevant boxes, and then click on “Continue & Pay”.
In order to pay for the subscription to The Explorers+ Service, the User is automatically redirected to the Stripe payment system, the Publisher’s payment service provider, where they must enter their payment method information, the card holder name and their country/region, then click on “Subscribe & Pay”. The confirmation of the subscription by this “second click” constitutes the conclusion of the subscription contract for The Explorers+ Service.

A confirmation e-mail is sent by the Publisher to the User including the following information:

the User’s identity and contact details
confirmation that their payment has been successful and that they are now subscribed to The Explorers+ Service
the nature and features of the subscription to The Explorers+ Service and its price
information about the identity of THE EXPLORERS and its contact details
the ability to exercise their right of withdrawal and the form for exercising that right
the invoice and payment confirmation
a PDF copy of the applicable General Terms and Conditions.

4.2 Subscription through an account held by the User with a third party

The User can subscribe to The Explorers+ Service through their account with a third party (such as iTunes or Google Play).

The User, whether registered or not, clicks on a video with a “Premium” badge
A window is displayed to the User showing the various benefits and a description of The Explorers+ Service, with a button at the bottom of this window saying “Subscribe for €2.99/month” following a free 15-day period
The User is asked to accept the General Terms and Conditions by ticking the relevant box
Before their subscription is confirmed, the User is shown a summary so that they can check the details and terms and conditions of their subscription and identify and correct any errors made when entering the data
The User then confirms that they wish to subscribe via their account with a third party (iTunes or Google Play).

A confirmation e-mail is sent to the User by the third-party account with which the User has subscribed to The Explorers+ Service, including the following information:

the User’s identity and contact details
confirmation that their payment has been successful and that they are now subscribed to The Explorers+ Service
the nature and features of the subscription to The Explorers+ Service and its price
information about the identity of the third-party account with which the User has subscribed to The Explorers+ Service and its contact details
the ability to exercise their right of withdrawal by directly contacting the third party through which the User has taken out their subscription.

Article 5. Right of withdrawal

In accordance with the provisions of Articles L.221-18 et seq of the French Consumer Code, the User has fourteen (14) days from the date of acceptance of The Explorers+ Service subscription offer (the “Subscription Date”) to exercise their right of withdrawal. The right of withdrawal can be exercised by e-mailing the Publisher at help@theexplorers.com. The subscriber can complete the withdrawal form sent to them by e-mail following their subscription to The Explorers+ Service or available at: https://theexplorers.com/assets/legal/forms/en.pdf
In the event of withdrawal within 14 days from the Subscription Date, any sums that the subscriber may have paid for subscription to The Explorers+ Service shall be reimbursed within fourteen (14) days from the date the Publisher receives the withdrawal request. Since the Publisher offers Users a free trial period that corresponds at least to the withdrawal period of fourteen (14) days, the User shall not be charged any sum for their use of The Explorers+ Service and the Platform before they exercise their right of withdrawal.

As an exception to the above, for subscriptions to The Explorers+ Service taken out via the Apple App Store or the Google Play Store, the right of withdrawal is exercised directly with Apple or Google.

It is specified that the Platform’s free trial period shall be automatically suspended upon the Publisher’s receipt of the withdrawal form completed by the User.

Article 6. Subscription period

The ‘No Commitment’ subscription to The Explorers+ Service continues until it is terminated under the terms and conditions set out in Article 11 of these General Terms and Conditions. Subscription to The Explorers+ Service is charged on a monthly basis, it being specified that any month started must be paid for.
The User can end their subscription at any time, under the terms and conditions specified in Article 11 Termination. They shall then have access to The Explorers+ Service for the number of days remaining in the current monthly billing period.

Article 7. Prices and payment

 As specified at the time the subscription to The Explorers+ Service is taken out, the User’s subscription to The Explorers+ Service may begin with a free trial. The length of the free trial period is specified at the time of registration. It is designed to allow Users to try out The Explorers+ Service and possibly exercise their right to object.

At the end of the trial period, the subscription shall continue without the User needing to take any action, unless they have exercised their right of withdrawal under the terms and conditions laid down in Article 5 of the General Terms and Conditions

The price of the subscription to The Explorers+ Service is shown in the currency of the country where the account used to make the payment is located and shall be displayed at the time the subscription is taken out and in any case before the subscription is confirmed. The price includes applicable local taxes, including Valued Added Tax if applicable.

Note that connection and communication charges relating to the use of The Explorers+ Service are not covered by the Publisher and remain the subscriber’s responsibility.

The subscription price for The Explorers+ Service is charged every month, in accordance with the chosen payment method, on the calendar day corresponding to the date on which the fee-based subscription starts, i.e. at the end of the free trial period. In some cases, the billing schedule may change, for example, if the User’s payment method has been unsuccessful or if the fee-based subscription began on a day not found in a given month.

Subscription to The Explorers+ Service is payable by recurring monthly Direct Debit through the payment method chosen by the User. The first payment shall be debited the day after the day on which the free trial period ends, then every month on the same date until the subscription is terminated.

The payments made are non-refundable and the Publisher shall not provide any refunds or credits for periods of partial use or for any content not viewed.

The Publisher shall pay the equivalent of 10% of the price including all taxes of the subscription to “THE EXPLORERS FOUNDATION” endowment fund registered under SIRET number 83282101100018, domiciled at 27 Rue de Cauchy 75015 Paris, the purpose of which is to preserve biodiversity and finance local actions for safeguarding animals.

The Publisher may at any time, at its sole discretion, change the price of the Subscription, charges and taxes or add new charges and taxes in connection with The Explorers+ Service. When necessary, the Publisher shall notify the User by e-mail at least thirty (30) calendar days before any change. If the User does not accept said change, they may terminate their subscription under the terms and conditions laid down in Article 11 below, said termination taking effect on the next monthly subscription due date. In the case of tacit renewal, and if there is no termination, the price in effect on the renewal date shall fully apply to the User.

The User agrees to promptly notify the Publisher of any alteration or change of payment method. Should the Publisher be unable to duly debit the amount for the subscription to The Explorers+ Service on the due date because the card has expired, because of insufficient funds or for any other reason, and the User does not terminate their subscription, the Publisher may suspend the User’s access to The Explorers+ Service until the Publisher has successfully collected the sums due via a valid payment method. The User shall nevertheless remain liable for outstanding payments due and the Publisher shall reserve all rights and actions in this regard.

Article 8. The Publisher’s obligations

The Publisher provides the User with The Explorers+ Service via the Platform under the terms and conditions described in Articles 3.1. and 12.1. of the General Terms and Conditions.

The Explorers+ Service is available twenty-four hours a day, seven days a week, except in cases of force majeure events or events beyond the Publisher’s control (including breakdowns or outages) and subject to necessary Website and Application maintenance and updating periods.

The Publisher undertakes, under an obligation of means, to provide access to The Explorers+ Service via the Website and the Application in compliance with these General Terms and Conditions and to exercise diligence and skill and make every effort within reasonable limits to rectify any malfunctions brought to its attention. The Publisher is responsible for its failings in the provision and performance of services, including with regard to the correct functioning of the Website and the Application.

In order to manage the Platform correctly, the Publisher may at any time:

make changes to the Website and/or the Application
suspend, interrupt or limit access to all or part of the Website and/or the Application, or reserve access to the Website and/or the Application, or to certain parts of the Website and/or the Application
delete any information that may disrupt the functioning of the Website and the Application or contravene national or international laws and/or these General Terms and Conditions
suspend access to the Website and/or the Application in order to carry out maintenance and/or updating operations.

The Publisher may not be held liable in the event of operational failure, breakdown, difficulty or interruption, temporarily preventing access to the Website and/or the Application, or to any of its functions.

The User acknowledges and accepts that the Publisher may not be held liable for any inconvenience or damage connected with the use of the internet and/or the mobile internet, including but not limited to:

the poor transmission and/or reception of any data and/or information on the mobile internet or via satellite networks
the failure of any reception equipment or communication lines
any malfunction of the mobile internet or satellite networks preventing the proper functioning or good operating conditions of the Website and the Application and/or access to The Explorers+ Service.

The transfer rate and response time of information circulating from the Website or the Application to the internet are not guaranteed by the Publisher. In fact, the speed at which information is circulated does not fall within the service offered by the Publisher, but is one of the inherent characteristics of the online or telecommunications networks.

Article 9. Moderation

The Website and Application content is regularly checked.

The Website and the Application use a protection system for the photographs and videos posted online by the User, making their recording and duplication by another User or a third party theoretically impossible. However, the Publisher cannot be held liable if this system fails.

The Publisher may at any time, at its own initiative or at the request of the User or a third party, remove any content from the Website and the mobile Application that it deems inappropriate, without having to give the User who submitted it prior notice, and may take any legal action when necessary.

Anyone who wishes to inform the Publisher of the presence of litigious content on the Website and the Application should use the “Report content” link which can be found on all content pages or the “Report profile” link which can be found on all profile pages, and give their full identity, a description of the litigious content and its exact location (hyperlink), and the reasons why the content should be removed (including the legal provisions and supporting evidence).

The Publisher shall only disclose the contact details or identifying information of the author of litigious content upon a court order.

The Publisher shall systematically remove any content it considers to be illegal or a violation of human or animal dignity and reserves the right to report such content to the appropriate authorities.

Article 10. The User’s obligations

The User agrees to comply with these General Terms and Conditions.

Generally, and without this list being regarded as exhaustive, the User is prohibited from:

using the Website, the Application and The Explorers+ Service for professional, commercial or non-personal purposes
making or uttering remarks or disseminating, in any form whatsoever, User Content infringing the rights of others or of a defamatory, harmful, obscene, offensive or violent nature or inciting violence, of a political, racist or xenophobic nature and, generally, any content contrary to current laws and regulations
downloading, reproducing, recording, capturing and/or copying, by any process or means, the content of the Website, the Application and The Explorers+ Service and in particular the photographs and/or videos on them in breach of these General Terms and Conditions
uploading, sending, transmitting, in any way whatsoever, any illegal or infringing content, any advertisements, any unrequested and unauthorised promotional material, as well as any computer viruses, codes, files or programs designed to interrupt, destroy or limit the functionality of the Website, the Application and The Explorers+ Service or servers, networks or the networks connected to the services
hindering or disrupting the Website, the Application and The Explorers+ Service, the servers or the networks connected to the services, or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the services
attempting to mislead other Users by usurping the name or the company name of other persons, and more specifically posing as an employee or an affiliate of the Publisher and/or Website or as a moderator or a host

The User agrees to ensure that the User Content they post and/or disseminate on the Website or via the Application does not infringe third-party rights, in particular intellectual property rights (trademark, copyright, neighboring rights, design law in particular), human rights (including defamation, insults, slurs, libel, bullying, etc.), privacy (including image rights), the protection of personal data of third parties, public order and common decency (including justification of crimes against humanity, incitement to racial hatred, violation of human dignity, violence towards animals, violent or degrading images, etc.) and more generally current applicable regulations and normal rules of politeness and civility.

The User is solely responsible for all the information, content and data they post online on the Platform or that they share with other Users.

Should the User provide information that is untrue, inaccurate, outdated or incomplete, or that infringes third-party rights (image rights, invasion of privacy, libel, etc.), the Publisher shall be entitled to suspend or terminate the User’s subscription immediately and refuse them access, immediately and/or in the future, to all or part of The Explorers+ Service.

The User acknowledges and recognises that by using the Website, the Application and The Explorers+ Service, they may be identified and recognised by third parties through their profile photo and their Username. The User expressly waives the right to institute any proceedings against the Publisher due to a potential invasion of their privacy or infringement of their image rights owing to the disclosure or dissemination of their Username, profile photo and/or all or part of the content they have posted online.

Should the Publisher be held liable because of the User’s breach of their obligations under the law or these General Terms and Conditions, the User agrees to guarantee and indemnify the Publisher against any conviction handed down against it originating from a breach by the User, and also to reimburse all costs incurred and damage caused.

If the User sells their compatible device, they are asked to disconnect it from their THE EXPLORERS account. If the User does not disconnect their compatible device from The Explorers+ Service or if they do not disable it, the people who next use the compatible device will be able to access The Explorers+ Service using the User’s account and the information in the User’s account. To disable a compatible device, follow the relevant instructions on the “Your Account” page.

If their compatible device is lost or stolen, the User is asked to change their password from their User account.

Article 11. Suspension/Termination

The subscriber may terminate their subscription to The Explorers+ Service at any time. As any month started must be paid for, the subscriber shall continue to have access to The Explorers+ Service until the end of the current monthly billing period.

The Subscriber must give notice of the termination of their subscription in different ways depending on the terms under which they took out the subscription to The Explorers+ Service:

If the User subscribed to The Explorers+ Service directly on the Website:

the User may terminate the subscription from their account on the Website and/or the Application by clicking on the “Manage my subscription” section accessible through the Application’s settings. The termination shall come into effect at the end of the current monthly billing period.

If the User subscribed to The Explorers+ Service using an account they have with a third party and they use this third-party account as a payment method, the User must terminate their subscription via the third party with which they took it out.

To terminate the subscription taken out via a Google Play Store account, the User must access the “Play Store” application, click on the “Menu” in the top left corner, then on the “Subscription” section, click on The Explorers subscription and then on the “Cancel subscription” link.
To terminate the subscription taken out via an Apple Store account, the User must access the “App Store” application, click on the profile photo, click on the account username, then on the “Subscription” section, click on The Explorers subscription and then on the “Cancel subscription” link.

The User can also view the billing information regarding their Subscription to The Explorers+ Service by consulting their account with the third party in question.

Article 12. Intellectual property

12.1. Right of access to and use of the Platform and rights over the Publisher’s Content
All of the Platform’s items and content as well as THE EXPLORER domain names, texts, graphics, visuals, logos, trademarks, name, sounds, drawings, data, software and The Explorers photo and video content (hereinafter the “Publisher Content”) are protected by intellectual property rights and are the exclusive property of the Publisher and/or are licensed to the Publisher and may not be reproduced, used or represented without the Publisher’s prior written authorisation, including for creating derivative works, under penalty of legal proceedings.

In return for the price mentioned in Article 6 of these General Terms and Conditions and subject to compliance by the User and their Authorised Users with the terms of the General Terms and Conditions, the Publisher grants the User and their Authorised Users a non-exclusive, non-assignable and non-transferable right (including by means of a sub-licence) of access and use in SaaS mode of the Platform and all the elements that comprise it (including the Publisher Content) and the associated documentation, for the entire duration of The Explorers+ Service subscription throughout the world.

The User and their Authorised Users may only use the Platform, the Publisher Content and the associated documentation in accordance with their designated use and for the User’s personal and private needs.

The Parties agree that the Authorised Users who can access the Platform under the conditions described in these General Terms and Conditions are limited as follows: only two (2) concurrent connections are possible, up to a maximum of five (5) different connected terminals using the same identifiers.

Any reproduction or representation produced for other purposes is only permitted with the Publisher’s express prior written agreement.
In particular, the User is not permitted to download, copy, alter, change, adapt, remove, distribute, transmit, disseminate, sell, lease, grant or operate the Platform and the Publisher Content in whole or in part, in any way whatsoever, without the Publisher’s express prior written agreement.

Any other use of the Platform or the Publisher Content constitutes counterfeiting and shall be punished under intellectual property law, unless with the Publisher’s express, prior written permission.

12.2. User Content
With regard to the use of the Platform and The Explorers+ Service, the User may need to publish certain content such as, but not limited to, photos, videos, music, sounds, descriptions and comments (hereinafter the “User Content”).

It is specified that the Publisher acts purely as an intermediary for disseminating User Content on the Platform and shall not be held liable under any circumstances towards Users or any third party for the User Content or its accuracy. In this respect, the User guarantees that the User Content they provide does not infringe the rights of any third party, including third-party intellectual property rights, or the right to protection of personal data of third parties. The User agrees to reimburse the Publisher for all costs, damages and compensation incurred by the Publisher as a result of an item of their User Content.

The User grants the Publisher a free and non-exclusive licence to use the intellectual property rights attached to the User Content which they transmit for purposes of sharing and disseminating on the Website and/or from the Application. This licence includes the Publisher’s right to reproduce, represent and use, if necessary in a modified form, the User Content on all or part of the Website and the Application and in any promotional or advertising material relating to the Website and the Application, in any form whatsoever, throughout the world.

Article 13. Personal data protection

The use of the Website, the Application and The Explorers+ Service involves the processing of personal data.

To find out more about the processes carried out using their data, the User should read the Privacy Policy accessible via the following link: https://theexplorers.com/privacy

Article 14. Hyperlinks

14.1. Links to third-party websites
The Website and Application pages may contain social network buttons for sharing functions on the various social networks and hyperlinks to third-party websites managed by companies separate from the Publisher over which the Publisher has no control.

The Publisher accepts no responsibility with regard to the information and content of third-party websites or to information and content to which the third-party websites may link. The Publisher is not responsible for any changes or updating regarding third-party websites or for the malfunctioning of such third-party websites. The presence of links to third-party websites does not mean that the Publisher in any way approves of the information and content on such third-party websites.

14.2. Links to the Publisher’s Website
The User may set up hyperlinks to all or part of the Website, provided that such links are set up from third-party websites which generally comply with all laws and regulations.

In any case, the User agrees to withdraw any hyperlink at the Publisher’s request, without the Publisher needing to state any reason.

Article 15. Miscellaneous provisions

15.1 Electronic communications
The Publisher shall send the User information about their account (for example, payment authorisations, invoices, changes of password or payment method, confirmation messages, any notifications of changes) solely by electronic means, for example by e-mail sent to the User’s electronic address which must be provided when they subscribe.

15.2. Subcontractors
The Publisher may use subcontractors for the performance of its obligations under these General Terms and Conditions.

15.3. Assignment
The Publisher may assign this contract and all of the attendant rights and obligations to any third party, without the User’s prior written consent, including in the case of an assignment of a branch of activity, a merger by the formation of a new company, a merger-takeover, a demerger or any change of control affecting the Publisher.

15.4. Contract documentation
These General Terms and Conditions constitute the entire agreement between the Publisher and the User with regard to the access and use of the Platform and The Explorers+ Service available on it, and replace any prior agreement on the same subject that may have been reached by the User and the Publisher.

15.5. Force Majeure
Aucune des parties ne pourra être tenue responsable à l’égard de l’autre partie en cas d’inexécution de ses obligations résultant d’un cas de force majeure. Sont considérés comme cas de force majeure ou cas fortuit, ceux habituellement reconnus par la jurisprudence de la Cour de cassation.

15.6. Waiver
The Publisher’s failure to invoke any provision at a given time may not be considered as a waiver of the benefit of that provision or of the right to invoke said provision at a later date and/or seek redress for any breach of that provision.

15.7. Severability
If any of the provisions in these General Terms and Conditions is null and void, it is deemed unwritten and the other provisions retain their force and scope.

Article 16. Complaints and applicable law

The contract formed by the acceptance of these General Terms and Conditions is subject to French law. If the User is a consumer and their usual residence is located in a European Union country, the User also benefits from rights protecting them in accordance with the statutory provisions of the law applicable in their country of residence.

In the case of a complaint or a dispute regarding the access and use of the Platform and The Explorers+ Service, the User agrees to first of all contact Customer Service by sending an e-mail to help@theexplorers.com or a registered letter with acknowledgement of receipt to the Publisher at the following address: The Explorers Network, 141 Avenue Félix Faure, 75015 Paris, France.

The parties agree to seek an amicable solution to their dispute before any legal action or recourse to a mediation procedure.

In the course of a dispute between the parties and following a written complaint by the User to the Customer Service department which is rejected or in the absence of a response from that department within a reasonable timeframe of one (1) month, the User may use any alternative method of dispute settlement, including a consumer mediation procedure involving a mediator using the free MEDICYS mediation service with which the Publisher is registered and sending an e-mail to: medicys-consommation.fr, or a letter to: MEDICYS – 73 Boulevard de Clichy 75009 Paris and/or by accessing the European online dispute resolution platform at:http://ec.europa.eu/odr, which will try to resolve the dispute amicably with complete independence and impartiality.
The User remains free to accept or refuse mediation and, if mediation is used, each party is free to accept or refuse the solution proposed by the mediator.
Failing amicable agreement, the French courts shall have sole jurisdiction.

Article 17. Contacting the Publisher

The User can obtain information or ask questions via the “Contact us” section of the Website and Application homepage or by writing to: help@theexplorers.com.