Terms | The Explorers

General Terms of Use

The company SIGAVE PRODUCTION AG with share capital of CHF 100.000.00, registered in the Swiss Register of Commerce under No. CHE-480.153.865 and whose head office is located Pilatusstrasse 28 – 6052 Hergiwil NW (“the Editor”), is the editor of the website www.theexplorers.com (“the Website”) hosted by [name and address] and the mobile app THE EXPLORERS available on the App Store and Google Play (“the App”).

These General Terms of Use are intended to set the terms and conditions by which, on the one hand, the Editor makes the Website and the App available to the User and, on the other hand, the User may access and use the Website and the App. They are supplemented by the Privacy Policy which is available on the Website.

Accessing the Website and/or the App implies full and complete acceptance by the User of these General Terms of Use:

Article 1. Definitions

Cookies : files containing data (and in particular a unique identifier) transmitted by the server of a website to the User’s browser and stored on his hard disk;
Personal data : the information and data allowing to identify or making a User identifiable;
GTU : these General Terms of use;
Services : all services which are made available to the User on the Website and/or the App, as described in article 3 below or offered by the Editor in the future;
User : the natural person aged 15 or more accessing the Website and/or the App and willing to use the Services;

Article 2. Description of the Website and the App

THE EXPLORERS is committed to take cultural, natural and human inventory of Planet Earth.
The Website and the App allow the User to access articles, information and photographic and video content of high quality, published by the Editor or shared by other users, and to share his own photos and videos.
Access and registration to the Website and the App are free.

Access to the App requires its prior and free download on the App Store or Google Play and its installation on the following devices:

  • iPhone, from version 10.0 of iOS
  • Smartphones functioning under Android, from version 4.4

The Website and the Services are provided to the User on the basis of a service “as-is” and accessible subject to their availability. They are, in principle, available 24/7, unless in case of force majeure or any event out of the Editor’s control, and subject to maintenance periods and possible failures.

The Editor reserves the right to make changes to the Website and/or the App at any time, to modify or delete all or part of the Website, the App and/or the Services after having previously informed the User via a message on the Website.

Article 3. Description of Services

The Website and the App offer the User, but are not limited to, the following free Services:

  • Registering to the Website and the app to become an Explorer
  • Sharing photos and videos on the Website and from the App
  • Viewing photos and videos, and different information
  • Interacting with other Users via the internal messaging and like contents
  • Creating bookmarks
  • Sharing content on social media (Facebook)

Article 4. Registration

4.1 In order to be able to use the App and access certain Services, the User must be registered beforehand. Registration is free and opened to Users aged 15 and more. It requires communication of an email and a pseudonym. The following information are optional and may be freely entered by the User: description, profile picture, Facebook, Twitter, Instagram pages, personal website, location, birthday, address, phone number… The User may then access his account to attach photograph(s) and/or video(s) and chat with the other Users.

4.2 The User undertakes to provide accurate, complete and truthful information and to update them regularly. In the event that the User provides false, inaccurate, outdated or incomplete information or information which infringe the rights of thirds (right on the image, invasion of privacy, denigration…), the Editor is entitled to suspend or terminate the User’s registration or account without delay and to refuse him access, immediately and/or for the future, to all or part of the Services.

4.3 The username and password provided by the User are personal and untransferable, and the latter undertakes not to pass it, voluntarily or negligently, to any third. Any connection or transmission of data made from the User’s username and/or password will be deemed to have been made by the latter. Any loss, misappropriation or unauthorized use of the username and/or password and their consequences are the User’s sole responsibility. The User may at any time choose to change his pseudonym through the section “Edit profile”. If the username and/or password are fraudulently used or lost, the User must inform the Editor without delay, through the section “Contact” available on the homepage of the Website or by sending an email to: contact@theexplorers.com, who will proceed to the immediate cancellation of the username and/or immediate change of the password upon justification of his identity.

4.4 The pseudonym filled in by the User and his profile picture will be made available online and will appear on the Website (opened to the public) and the App. The User expressly authorizes the Editor to reproduce and disseminate on the Website and through the App the User’s pseudonym and profile picture and, more generally, the information, messages, photographs and videos transmitted by the User on the Website or from the App

Article 5. User’s obligations

The User undertakes to comply with the GTU.
In general, but without being limited to, the User refrains from:

  • Using the Website, the App or the Services for professional, commercial or non-private purposes
  • Uttering or making comments or disseminating, in any form whatsoever, contents that infringe the rights of others or are defamatory, abusive, obscene, offensive, violent or inciting violence, of a political, racist or xenophobic nature and, in general any content contrary to the laws and regulations in force
  • Downloading, reproducing, recording, capturing and/or copying, by any process or means, the content of the Website, the App and the Services, and in particular the photographs and/or videos offered in violation of the GTU
  • Downloading, sending, transmitting, in any way whatsoever, any illegal or infringing content, any advertising, any unsolicited and unauthorized promotional material, as wall as any computer virus, code, file or program designed to interrupt, destroy or limit the functionality of the Website, the App and the Services or servers, networks or networks connected to the Services
  • Interfering with or disrupting the Website, the App, the Services, the servers, the networks connected to the Services, or refusing to comply with the required conditions, procedures, general rules or regulations applicable to the networks connected to the Services
  • Attempting to mislead other Users, by usurping the name or corporate name of others, and in particular by impersonating an employee or affiliate of the Editor and/or the Website or a moderator or a host

The User undertakes that the photographs, videos, texts and/or any other content deposited and/or disseminated by him on the Website or through the App do not infringe the rights of thirds, and in particular intellectual property rights (trademark, author’s right, models in particular), personal rights (in particular defamation, insults, affronts, denigration, harassment, etc.), right to privacy (including right on the image), public order and morality (in particular apology of crimes against humanity, incitement to racial hatred, affront to human dignity, violence towards animals, violent or degrading images, etc.) and, more generally, the applicable regulations in force and the usual rules of politeness and courtesy.

The Editor ensures conformity of the contents shared or provided by the User to these GTU and reserves the right to immediately delete any content that seems inappropriate, without prior notification of the User, and to initiate any legal action, as the case may be.

The Website and the App use a protection system for photographs and videos put online by the User and making in principle their registration and duplication impossible by an other User or a third, without the liability of the Editor being able to be sought or established in case of failure of this system.

Article 6. Moderation

The content of the Website is regularly verified.
The Editor may, at any time, voluntarily or upon demand of any User or third, delete from the Website and the mobile App any content, without having to primarily inform the User who published it.

Any person who wishes to inform the Editor of the presence on the Website of a litigious content must use the link “Report this content” available on any content page or the link “Report this profile” available on any profile page, and give his complete identity, the description of the litigious content and its precise location (hyperlink), the reasons why the content must be deleted (including references to legal provisions and fact justification) and justify of the correspondence sent to the author or editor of the litigious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or the editor could not be contacted.

The Editor will communicate the contact details or identifying information of the author of the litigious content only upon judicial requisition.

The Editor will proceed with the systematic deletion of any content which might appear illicit or infringing human or animal dignity and reserves the right to report such contents to the competent authority.

Article 7. Protection of personal data

The personal data communicated by the User to the Editor and/or disseminated by him from the Website or the App and as part of the use of the Services are subject to a computer processing and are stored and used by the Editor as data controller, for the duration of the User’s registration to the Website and, as the case may be, for an additional period defined hereafter, for the following purposes:

  • Allow the User to access the Website and/or the App and, as the case may be, certain restricted areas, use its different functionalities and manage his account
  • Connect the User with other Users, if necessary according to the criteria defined by him
  • Register and manage the User’s preferences
  • Communicate with the User to answer its demands and requests
  • Ensure the management of any game contest or promotional operation offered on the Website or the App, and in particular the designation of winner(s) and awarding of the prize(s)
  • Send the User, upon demand, informational messages and/or promotional offers
  • Measure the performance of the Website or the App and the Services, for instance the number of pages visited or the number of clicks, produce statistics and use them internally
  • Answer potential disputes or requisitions from the authorities
  • Fulfil its legal obligations
  • Meet some legitimate interests relating in particular to the management of its activities

and in compliance with Law No.78-17 of January 6, 1978 (said Law “Computer Technology and Freedom”) amended and General Regulation on the Protection of Personal data (“GDPR”).

The processing performed by the Editor according to the above-mentioned purposes are necessary in order to allow it to:

  • Fulfil its contractual obligations regarding the User, in particular with regard to the providing of the expected services from the Website or the App
  • Fulfil its legal obligations
  • Meet some legitimate interests relating in particular to the management of its commercial activities

The User accepts, in order to be able to share the contents on the Website or from the App and use the Services, to give access to the camera or the pictures gallery of his mobile device and to the geolocalisation of said device; the User can, at any moment, authorize or refuse access to these data by adjusting the settings of his device.

The User’s personal data are not communicated or transferred to thirds for commercial or promotional purposes, unless the User has given his prior express consent. The Website uses cookies, under the conditions described in article 9 below.

The User’s data are stored in secured servers hosted by the company Microsoft (Azure) in Europe and are not transferred outside of the European Union.

The User can, at any moment, access his account to modify or delete his information and data. The information is therefore automatically and definitively deleted from the database.

If the User unregisters from the Website by closing his account, his personal data will be deleted within 12 months from the date of deregistration, only to allow the Editor to answer potential requisitions from public or judicial authorities.

Inactive User’s accounts and all the related personal data will also be deleted within 12 months from the date of User’s last connection.

Pursuant to the Law “Computer Technology and Freedom” amended and the GDPR, the User benefits from a right of access, modification, erasure or deletion of all or part of his personal data, a right to object and a right to the limitation of processing and to portability of his personal data, that he may exercise by mail to: THE EXPLORERS, 27 rue Cauchy 75015 Paris or by email at: contact@theexplorers.com.

Such request must be made by the User personally and in writing, signed and accompanied by a copy of an identity document bearing the signature of its owner. This information will only be processed for the purpose of identifying the User and will not be retained for a period exceeding the period necessary to provide a response. The request will precise the email or postal address to which the potential response will have to be sent. The Editor will have one (1) month from the receipt of the request to answer.

For User’s consent-based processing, the User also benefits from the right to withdraw his consent at any time.

The User is informed that the exercise of these rights does not affect the validity of the processing operations performed beforehand, nor the right of the Editor to archive some of the personal data involved, pursuant to the above-mentioned principles.

Furthermore, the User has the right to lodge a complaint within the CNIL (www.cnil.fr).

Article 8. Responsibility

The User is solely responsible for all information, contents and data that he publishes on the Website or shares with the other Users.

The User acknowledges and accepts that by using the Website, the App and Services, there is a risk that he might be recognized by thirds. The User expressly waives any claim against the Editor because of a potential infringement of his right to privacy or image because of the disclosure or dissemination of all or part of the content published by him.

In the event that the responsibility of the Editor is sought due to a breach by the User of his obligations under the law or the GTU, the User undertakes to guarantee and hold harmless the Editor from any and all conviction against him which originate from the User’s breach, but also to reimburse all the costs incurred and damage caused.

It is the User’s responsibility to ensure the compatibility of his equipment prior to registering to the Website or downloading the App.

The transfer rate and response times of information flowing from the Website to the internet are not guaranteed by the Editor. Indeed, the circulation speed of the information does not come under the performance offered by the Editor but from the characteristics inherent to online or telecommunication networks.

The Editor shall not be held responsible of any dysfunction, inaccessibility or poor operating conditions of the Website, the App and/or the Services related to the computer system, equipment or internet or telephone connection of the User, or the congestion of the internet or telephone network.

Article 9. Cookies

When the User browses the Website, some cookies may be stored on his device (computer, tablet or mobile phone).

The Website uses two types of cookies:

  • Session cookies, which allow the identification of the User during his visit on the Website and ease his browsing and use of the Website and Services
  • Third-parties cookies installed (1) through the Website by providers the Editor calls on for statistical purposes or to promote The Explorers apart from the pages of the Website and/or (2) through contents disseminated in advertising spaces. The issuance and use of cookies by thirds are subject to these thirds’ privacy policies. The Editor has no access or control on third cookies. However, the Editor ensures that partner companies process the information collected on the Website in keeping with the terms of the Law “Computer Technology and Freedom” and the GDPR.

The Editor uses the analysis service “Google Analytics” provided by Google Inc. To learn more about the functioning of Google Analytics and the way Google Inc. processes these data, the User is requested to see Google Inc.’s Privacy Policy available at the following address: https://policies.google.com/privacy?hl=fr-CA

Cookies of third websites (in particular regarding the streaming of videos such as “Youtube”) and social media (sharing of content on Facebook) may also be installed to allow the User to view content or interact on social media. The Editor is in no way involved in the installation or functioning of such third cookies and has no access or control on these cookies. These cookies are subject to their own cookie policies, which are accessible on each third website, to which the User is invited to refer to.

The User may at any time configure his cookie preferences on the Website.

The User also has other options to control or limit the way cookies might be installed and used by the Editor or by thirds:

  • The User can choose to delete all or some cookies from his device through his browser settings
  • The User can choose to prevent some cookies from being installed on his device through his browser settings

To learn more about how to manage or delete cookies from his browser, the User may follow the following links for each browser:

The User’s attention is drawn to the fact that if he chooses to block or de-activate some or all cookies, the Website might not work properly, and the User might not be able to enjoy all of the services and functionalities provided through the use of cookies.

To learn more about cookies and how to manage them, the User may also visit the following websites: www.youronlinechoices.eu and www.allaboutcookies.org.

Article 10. Intellectual property

All the elements and contents of the Website, the App and the Services, and in particular the graphics, visuals, logos, trademarks and domain names THE EXPLORERS, and the photo and video contents The Explorers, are the exclusive property of the Editor and/or are exclusively operated by the editor and cannot be reproduced, used or represented without the prior written authorization of the Editor, including to create derivative works, under threat of legal proceedings.

The content of the Website of the Editor may not be copied, altered, hacked, downloaded, broadcasted, rented or sold, in any way whatsoever, without prior written consent of the editor.

The implementation of hypertext links to the Website is strictly forbidden without prior written consent of the editor.

The User grants to the Editor a licence to use the intellectual property rights attached to the contents (photos, videos, sounds, text) that he transmits for the purposes of sharing and dissemination on the Website and/or from the App. This licence includes in particular the right for the Editor to reproduce, represent, use, as the case may be in a modified form, these contents on all or part of the Website and in any promotional or advertising documents relating to the Website, free of charge and in any form whatsoever, worldwide.

Article 11. Termination

The registered User may, at any time and free of charge, decide to terminate his registration by asking the Editor to close his account, by accessing the section “Edit profile”.

This demand will be deemed to be made the business day following receipt by the Editor of the demand for closing of the account.

The User acknowledges the right of the Editor to terminate all or part of the right of access corresponding to his account and password, or to cancel his account and password, if the Editor has reasonable grounds to believe that the User has violated or acted in contradiction with the GTU.

The Editor can also unilaterally, at any moment and after having informed the User beforehand, interrupt without compensation of any kind the providing of all or part of the Website, the App and/or the Services.

The termination of the User account upon his demand or by the Editor will not give rise to any compensation for the User. The contents shared by the User will not be accessible on the Website anymore but may be indexed in search engines (Google for instance) for a few weeks, and the Editor shall not be held responsible for such indexing and their effects.

The User will be informed of the termination of his account by email at the address indicated at the time of registration.

Article 12. Amendments to the GTU

The GTU may be amended at any time by the Editor.
The amendments will be brought to the attention of the User through a message sent on his message inbox “The Explorers” and their putting on line on the Website and the App.

The amendments shall enter into force from the date of their putting on line on the Website.

The amendments are deemed unreservedly accepted by any person accessing the Website or the App subsequent to their posting.

Article 13. Applicable law and disputes

These GTU are governed by French law.

The User may obtain information or ask questions through the section “Contact” available on the homepage of the Website or by sending an email at: contact@theexplorers.com.

In the event of any dispute as to the interpretation or execution of these terms, and in the absence of an amicable settlement between the Editor and the User, the dispute between them will be submitted to the Courts of competent jurisdiction.

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