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TERMS AND CONDITIONS

Last Updated: April 07, 2020

Do not remove, obscure, or change any notices displayed in or along with our services.

ABOUT US

We are, the owner and operator of:

  • GCTRACKABLES.COM
    website, mobile app, information repository, discussion forums, social media platform, augmented reality platform
  • CACHERHUB
    web hosting, web development, social media management, and marketing platform
  • AFK
    tourism, events, and attractions

For the purpose of this document, we refer to the services provided by us in relation to each of the above as our “Services” or “Platform”. References in this document to “we”, “us,” or “our” are references to any of the platforms we own or operate.

THIS AGREEMENT

Please read this Terms of Use Agreement carefully. It governs the use of our services. By accessing out services as described below, you agree to all the terms in this Agreement and all terms that are incorporated into this Agreement as referenced below.

If you do not agree to all of these terms, do not use our services.

    1. Scope. This Agreement applies to your use of all our services, paid or free.
    2. What We Mean. The websites and mobile applications above, including all associated software, content, products and data will be referred to throughout this Agreement simply as our “services.” References to “content” should be read in the broadest context possible; content includes among other things text, images, code, feedback, posts, your account details, emails, music, and audiovisual materials. This Agreement applies to “you” as a person accessing or using our services.
    3. Minors. PLEASE REFERENCE OUR PRIVACY POLICY
    4. Privacy Policy. Our PRIVACY POLICY explains how we treat your personal data and protect your privacy when you use our services.

Other Terms. Our platforms utilize 3rd party services, as such, you should review their policies as well. These services include but are not limited to: Geocaching.com, OpenStreenMaps.com, DigitalOcean.com, Google Maps, Google Analytics, Facebook Pixel, SendInBlue.com, Messenger.com

Use of Our Services

Inherent Risks. When engaging with online, or real world adventure you could risk property damage, theft, bodily injury, or death. Always exercise common sense and caution.

Presence of certain information within our Service (e.g. the location of a trackable, others interested in trading) does not imply that is safe, legal, or ethical. Obey applicable laws. You assume all risks.

    1. Account Registration. You must authenticate with your Geocaching.com user account and provide certain information about yourself in order to use many of the features of our services. You are responsible for maintaining the confidentiality of your account. You may not share your access credentials with any third party or let anyone else use your account or your access credentials. You are also responsible for keeping your account data updated and for all activities that occur in connection with your account. Account information will be treated in accordance with our Privacy Policy.
    2. License. You are hereby granted a limited, non-exclusive, non-transferable, fully revocable (pursuant to the termination provisions below) license to view and use our services for your own personal, non-commercial purposes in accordance with this Agreement.
    3. Restrictions. Permission to use our services is subject to the following restrictions. You agree not to:
      1. Frame our services, use any robot, spider, scraper, or other means to access or collect data from our services without our express written permission.
      2. Use our services, including GPX files, for any purpose other than your personal use without our written permission.
      3. Abuse or exploit bugs, undocumented features, design errors, or problems in our services.
      4. Interfere or attempt to interfere with the proper working of our services, access to, or use of our services, including by imposing a disproportionately large load on our infrastructure.
      5. Upload, post, transmit, or otherwise distribute (including by emailing us) any content or act in a way that targets others on the basis of a legal protected status; is unlawful, harmful, threatening, intimidating, abusive, harassing, tortious, defamatory, profane, obscene, libelous, invasive of another’s privacy, hateful, embarrassing, harmful to minors; promotes political or religious extremism; promotes or provides instructional information about illegal activities; or is otherwise reasonably objectionable to any person or entity.
      6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
      7. Disrupt the normal flow of dialogue in our forums or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
      8. Upload, post, transmit, or otherwise distribute any content that infringes any patent, trademark, trade secret, copyright or other intellectual property, or proprietary rights of any person, including without limitation under any privacy or publicity rights.
      9. Upload, post, transmit, or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of unauthorized solicitation.
      10. Reverse engineer, decompile, or attempt to extract the source code of the software associated with our services.
      11. Violate any applicable local, state, national, or international law.
      12. Violate any of the guidelines or policies associated with our services.
      13. Interfere with the ability of others to enjoy our services.
      14. Collect, store, or distribute personal data about other users of our services.
      15. Publish on our websites or anywhere else, solutions, hints, spoilers, or any hidden coordinates for any geocache, Adventure Lab or Lab Cache without consent from the owner.
      16. Misrepresent the location, permission status, or legality of a geocache you have submitted through our services.
    4. Shop and Membership. All tangible goods purchased on our merchant site, memberships, clubs are subject to….
    5. Suspension and Termination. We may suspend or terminate your account upon notice if you violate the terms of this Agreement. If the situation warrants, we will give you a reasonable opportunity to fix the issue before suspending or terminating your account. Any suspension or termination of your account applies to you personally; you may not access our services through any other account that you own or create or through accounts owned or created by others. You can stop using our services and terminate this Agreement at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
    6. Changes to Our Services. We reserve the right to modify, enhance or limit, our service offering without notice. Our services include software that may update automatically on your device once a new version or feature is available. We are under no obligation to provide maintenance support or upgrades for any of our software except where required by applicable law.

Ownership

    1. Our Services/Platforms. We retain full, immutable rights and ownership over all codes and creative works produced by our Administrators, Staff, Volunteers and are protected by copyright, trademark, and other intellectual property laws. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Do not copy or download any of the content available through our services (except your own) unless we have expressly authorized you to do so. All rights not expressly granted in this Agreement are reserved by Groundspeak or by the respective owners of the intellectual property rights.
    2. Geocaching HQ’s Services. We operate under the Geocaching API Agreement found at: https://apidevelopers.geocaching.com/apiagreement

      Geocaching HQ retains all ownership of but not limited to: data provided via the API, Cache Type Icons, Geocaching logo, Cache In Trash Out® logo, GeoTours™, and Signal The Frog®.

    3. Others’ Content and Products. Our services display content that does not belong to our Platforms or Geocaching HQ. Except as part of our services, you may not use third party content from our services unless you have our permission, obtain the permission of the content owner, or are otherwise permitted by law. Content available through our services that does not belong to our Platforms are the sole responsibility of the person or entity that has made it available. We do not review content available through our services although we may remove content we become aware of and that we reasonably believe violates our policies or applicable law. Third parties may provide products for use with our services, such as software or widgets and our website may include third party products and links to third party sites.
    4. Your Digital Content. All digital content you submit through our services remains yours (subject only to the license grant below); this includes your logs and pictures, your comments and anything you post to our discussion forums. You are entirely responsible for all content that you upload, post, or otherwise transmit via our services. You represent and warrant that you have all necessary rights and permissions required for all content you post and for the rights you grant to us below, and that your content does not violate this Agreement, other terms, policies or guidelines, the rights of any other party or applicable law.
    5. The Rights You Grant Us to Your Content. By submitting content to our services, you grant our Platforms and Geocaching HQ a worldwide, non-exclusive, royalty-free, for the legal duration of intellectual property protection, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content as well as its derivative works on our websites or applications, on social networks such as Facebook, Twitter, Instagram (whether or not from our accounts), on sharing platforms (such as YouTube, Dailymotion, whether or not from our channels), in our emails and e-banner ads, on our intranet and on our internal documentation, in our business to business marketing materials, for commercial, or promotional purposes. You agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but in the event that someone else takes content you have submitted through our services without either of our permission, you give us the right to request that they take the content off of their website or otherwise stop using it.
    6. Claims of Copyright Infringement. We respects the intellectual property rights of others, and asks that you and all users of our services do the same. If you believe your work has been published on our services in a way that constitutes copyright infringement, you must notify us directly. You will be required to provide all of the following information:
      1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
      2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on our websites or mobile applications.
      3. Your address, telephone number, and, if available, email address, so that we can contact you about your complaint. If you are representing a third party or a legal entity, please provide its name and address as well.
      4. A physical or electronically signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
  1.  

By MAIL:
GCTrackables. PO Box 43272. Cincinnati, OH. 45243 USA

By DMCA ONLINE FORM, click here.

It is our policy, in appropriate circumstances, to terminate the accounts of individuals who are repeat infringers or are repeatedly the subject of infringement claims.

No Warranties

OUR SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES OR CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING WITH REGARD TO THEIR AVAILABILITY, RELIABILITY, FUNCTIONALITY, ACCURACY OR TRUTHFULNESS (WHETHER PROVIDED BY OUR PLATFORMS, GEOCACHING HQ, OR OUR USERS), OR LACK OF VIRUSES OR ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, REGARDING OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AVAILABILITY AND LACK OF NEGLIGENCE.

The “RELEASED PARTIES”

GCTRACKABLES, AFK, CACHERHUB, SWAGFACTORY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND COMMUNITY MEMBERS WHO SERVE AS REPRESENITIVES, SPEAKERS, EVENT GUEST, REVIEWERS, TRANSLATORS, MODERATORS/ADMINISTRATORS, AND ANY OTHER OFFICIAL ROLE (THE RELEASED PARTIES)

Limitation of Liability

REGARDLESS OF THE FORM OR CAUSE OF ACTION OF THE ALLEGED BASIS OF THE CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIESWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, REVENUES OR DATA ARISING FROM THIS AGREEMENT OR YOUR USE OF OUR SERVICES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT OR ARISING OUT OF OUR SERVICES, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR SERVICES OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON OUR SERVICES, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE OUR TEAM AND COMMUNITY MEMBERS WHO SERVE AS REVIEWERS, TRANSLATORS AND FORUM MODERATORS/ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

Indemnification

You agree to indemnify and hold THE RELEASED PARTIES harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ fees).

Governing Law and Forum

In all cases, you agree that any dispute shall be resolved via mediation, and then if necessary, only in the South West District of Ohio U.S. District Court or in Hamilton County, OH State Court.

General Terms (Severability, Waiver, Entire Agreement)

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described in this Agreement will be given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to enforce its rights with respect to later or similar breaches. This Agreement, along with any guidelines, terms or policies posted on our websites or mobile applications or that we otherwise provide to you, constitutes the entire agreement between us with regard to your use of our services.

CHANGES TO OUR POLICIES

We may need to create new policies or update any of our policies, including this policy from time to time. When we create a new policy or post changes to our existing policies, we will revise the “last updated” date at the top of the policy page. Please review all our policies periodically. By using or continuing to use our Services/Platforms, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, you should stop using our services. Changes will apply retroactively. If we have your email address, we may or may not email you with information on those changes.

QUESTIONS, CONCERNS & COMPLAINTS

If you have any questions, concerns, or complaints about any of our policies, feel free to contact us via postal mail with the information in the CONTACT area of this document. We will then get in touch with you to see how we can help.

We would always prefer you to contact us first as we will be the best resource to resolve the matter in the shortest time.

CONTACT INFORMATION

Sub Topic

If you need to contact us about a casual situation, feel free to reach out to us via the available Messenger chat.

If you have questions regarding our Policies, please write postal mail to:

GCTrackables
PO Box 43272
Cincinnati, OH
45243 USA

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