XPLORER APP USER TERMS AND CONDITIONS

1. Introduction

   1. These 'User' Terms and Conditions ("Terms") govern the relationship between Xplorer and parent company Redrock Designs Ltd ("Xplorer," "Company," "we," "us," or "our") at registered office 2ND FLOOR,10-12 BOURLET CLOSE, LONDON, W1W 7BR, a company registered in England and Wales with company number 14219451 and the user ("you," or "your") relating to the provision of our platform, products, and services.
   2. By using our platform, products, or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our platform, products, or services.
   3. Please read these Terms carefully. By accessing or using the Platform (including enabling anyone else to do so) or by completing your registration within Xplorer App, you are agreeing that these Terms will govern your use of the Platform and your overall relationship with Redrock Designs Ltd.
   4. These Terms were most recently updated on 8th May 2023.
   5. We shall keep a copy of these Terms, but you are advised to print and keep a copy of these Terms and each amended version for your own records and future reference.

2. Eligibility

   1. You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under the age of 18, you must have the consent of a parent or legal guardian to use the App.

3. Registration and Account Security

   1. To access certain features of the App, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary to maintain its accuracy and completeness.
   2. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4. User Content and Conduct

   1. The App allows users to post, submit, publish, display, or transmit content, including but not limited to reviews, photos, videos, comments, and other materials (collectively, "User Content"). You retain all ownership rights in and to your User Content.
   2. By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media, including but not limited to the App, our websites, and our marketing materials.
   3. You represent and warrant that you own or have the necessary rights and permissions to use and sublicense your User Content as described in these Terms. You also represent and warrant that your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any other applicable law or regulation.
   4. You agree not to use the App to:
      1. post, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
      2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
      3. post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      4. post, transmit, or otherwise make available any User Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      5. interfere with or disrupt the App, its servers, or networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App;
      6. intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
   5. You must not use any part of the content on our site other than for the purposes described above. In particular, you must not use any part of the content of our site for commercial purposes
   6. You must not modify the paper or digital copies of any materials you print off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, without our prior written consent.
   7. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
   8. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Third-Party Content

   1. Users must not use the Xplorer App in any way that is illegal, fraudulent, or harmful, or in connection with any illegal, fraudulent, or harmful purpose or activity. This includes, but is not limited to, using the App to post, transmit or otherwise disseminate content that is offensive, defamatory, obscene, hateful, or that may incite violence or discrimination. Additionally, users must not use the App to harass, threaten, or otherwise violate the legal rights of others.
   2. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

6. Termination

   1. We may terminate or suspend your access to the App at any time and for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the App will immediately cease. You may also terminate your account at any time by contacting us.

7. Disclaimer of Warranties and Limitation of Liability

   1. The App is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or completely secure.
   2. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
   3. Although we make reasonable efforts to update the information on our App and to ensure the accuracy of the content, we make no representations, warranties or guarantees, whether express or implied, that such information or content is accurate, complete or up-to-date.

8. Indemnification

   1. You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the App; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights; or (v) your violation of any applicable laws or regulations.

9. Changes to Terms

   1. We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by updating the "Last updated" date at the top of this document and/or by providing notice through the App or by other means. By continuing to access or use the App after those changes become effective, you agree to be bound by the revised Terms.

10. Governing Law and Jurisdiction

    1. These Terms shall be governed by and construed in accordance with the laws of the United Kindom, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the courts of the United Kingdom and you and we each consent to the personal jurisdiction of such courts and waive any objection as to venue or inconvenient forum.

11. Miscellaneous

    1. The Xplorer App and its content, including but not limited to its design, graphics, images, text, software, and other materials, are the exclusive property of Redrock Designs Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws. Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for their personal, non-commercial purposes, in accordance with these Terms and Conditions. Any other use or exploitation of the App or its content, without prior written permission from Xplorer, is strictly prohibited.
    2. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
    3. These Terms, along with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the App, and supersede any prior agreements, communications, or understandings (whether oral or written) relating to the subject matter hereof.
    4. You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We may assign, delegate, or transfer our rights or obligations under these Terms without restriction.
    5. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) by us via email; or (ii) by posting to Xplorer. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    6. By using Xplorer, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

12. Contact Information

    1. If you have any questions or concerns about these Terms, please contact us at hello@xplorerapp.com.
    2. By using the Xplorer App, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.