TERRACACHING.COM TERMS OF USE

Last Updated: July 12, 2014

1. ACKNOWLEDGEMENT AND ACCEPTANCE

  1. Welcome! By using the TerraCaching.com services, you agree to be bound by the following terms and conditions (the "Terms of Use"). These Terms of Use represent a legal agreement between the account holder (You) and Terra Interactive, LLC. (The “Site”).
  2. Please read these terms carefully before using these services. By using the site and any subdomains of TerraCaching.com, You agree to the Terms of Use in this Agreement and represent and warrant that You have the authority to be bound by the Terms of Use.
  3. The Site is controlled and offered by Terra Interactive from its facilities in the United States of America. Terra Interactive makes no representations that the Site is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access the Site, You do so at Your own risk and are responsible for compliance with local laws and regulations.
  4. You represent to us that You are eighteen (18) years of age or older. If You are under the age of 18, your parent or legal guardian must agree to these terms of use on your behalf.

2. LICENSE TO USE SITE

Subject to these Terms of Use, TerraCaching.com hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to grant sublicenses) to view and use the Site in accordance with this Agreement and any guidelines or policies posted on the Site. You may not reproduce, republish, "mirror", "frame", transfer, or otherwise make available to third parties the Site except with the prior, written consent of the Site owners. All content, text, images, videos, data, information and other material (content) displayed, available or present on the Site, including any trademarks or copyrightable works, are the property of TerraCaching.com or the designated owner and are protected by applicable intellectual property laws. TerraCaching.com reserves all rights not expressly granted by this Agreement.

3. YOUR PRIVACY

TerraCaching.com uses cookies and other visitor tracking technologies to collect information that identifies You personally (Personally Identifiable Information) in the following ways:

  1. TerraCaching.com uses Personally Identifiable Information to track and analyze usage of the Site to help improve the Site’s performance and services.
  2. TerraCaching.com uses Personally Identifiable Information to provide You with the ability to record Your TerraCaching experiences to share with other users of the Site; to notify You of developments or changes in the TerraCaching community or on the Site; and to notify You of new TerraCaches in Your geographic area.
  3. TerraCaching.com will not sell, rent, or otherwise disclose personally identifiable information collected in connection with the Site to third parties unless required by a court of law.

Please review the site’s Privacy Policy for additional information.

4. USE OF FORUMS, COMMUNITY PAGE, AND CACHE LISTINGS

  1. You acknowledge that all posts made to the Site express the views and opinions of the author and not the administrators, moderators or web master (except for posts by these people) and hence the administrators, moderators or web master will not be held liable. You, and You alone, are completely responsible for all Content that you post or otherwise transmit via the Site, without exception.
  2. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations applicable to use of the Site. You shall not in any manner: (a) distribute, use or make copies of, or otherwise duplicate the Content contained on the Site; (b) make the Site, or any Materials contained on the Site, available to any unauthorized third party; (c) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, "frame", or "mirror" the materials or services contained on or accessible from the Site on any other server or Internet-based device; (d) cause or permit the reverse engineering, disassembly, dispersal of, or any other attempt to derive any software comprising or available through the Site, except to the extent permitted by law; or (e) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend, or any license agreement, included or provided with the Site. In addition, without limitation, You agree not to use the Site: (a) to harvest, collect, gather or assemble any Site content including information or data regarding other users without prior written consent; (b) to transmit or post any material or information which is unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable; (c) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (d) to transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (e) to interfere with or disrupt servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (f) to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (g) to harass or interfere with another user's use and enjoyment of the Site.

5. LICENSE TO USE SUBMISSIONS

By submitting any Content, feedback, data, questions, comments, suggestions or the like (Submissions) to the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) TerraCaching.com a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such Feedback or incorporate such Submissions into any form, media or technology now known or later developed. Moreover, TerraCaching.com shall have the right to further sublicense these rights to third parties.

6. AUTOMATED ACCESS

The Site uses robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Site. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to TerraCaching.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Site.

7. CLAIMS OF COPYRIGHT INFRINGEMENT

  1. The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Copyright Agent the following information:
    1. A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. Description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on a Site;
    4. Your address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    You may send your Notice of Claimed Infringement to:
    By mail:
    Terra Interactive, LLC.
    P.O. Box 1758
    Houston, TX 77251-1758

8. TRADEMARKS

TerraCaching and the TerraCaching logo, as well as certain other of the names, logos, and materials displayed on the Site constitute trademarks, trade names, service marks or logos (Marks) of TerraCaching.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with TerraCaching.com or those other entities.

9. INDEMNITY

You agree to indemnify and hold harmless TerraCaching.com from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of TerraCaching.com or breach of this agreement or the documents it incorporates by reference or your violation of any law or the right of a third party. You further agree to indemnify and hold harmless TerraCaching.com from any claim or demand, including reasonable attorney's fees arising out of the use of TerraCaching.com and or this information by any third parties.

10. DISCLAIMERS

  1. You agree that in providing in Personally Identifiable Information, including but not limited to your username, first name, last name, email address, and home coordinates, you do so at your sole and exclusive risk.
  2. Neither TerraCaching.com, nor any successor, predecessor, agent, officer, or employee of TerraCaching.com, warrants the accuracy, reliability, or timeliness of any Content accessible via the Site. TerraCaching.com will not be liable for any damage or loss caused by your reliance on the accuracy, reliability, or timeliness of Site Information. Because of the number of possible sources of information available through the Site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Site Information. The Site Information may include facts, views, opinions, and recommendations of individuals and organizations. TerraCaching.com does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized TerraCaching.com spokespersons, including, without limitation, information contained in the forum areas of the Site.
  3. TerraCaching.com is not responsible for the conduct, whether online or offline, of any user or member of the Site. TerraCaching.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Under no circumstances will TerraCaching.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site, participation in activities related to the Site, any Content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
  4. TerraCaching is a real world activity, which involves risk to both persons and property. There are many variables including, but not limited to, weather, fitness level, terrain features and outdoor experience, that must be considered prior to participating. Be prepared for your activities and be sure to check the current weather and conditions before heading outdoors. Always exercise common sense and caution. You assume all risks arising in connection with any online or offline activity related to TerraCaching or the Site.
  5. THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU AS IS, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION, THE RESULTS AND PERFORMANCE OF THE SITE, AND ANY OFFLINE ACTIVITIES THAT MAY RELATE TO THE WEB SITE. TERRACACHING.COM HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. TERRACACHING.COM GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR TERRACACHING.COMS EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, TERRACACHING.COM GIVES NO WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.
  6. TerraCaching.com will not be liable for any damages or injury, including but not limited to, special, consequential or punitive damages that might result from the use of, or the inability to use, the materials on this site, even if negligence is the cause or if TerraCaching.com or TerraCaching.com’s agent or representative was advised of the possibility of such damages. To the extent that applicable law might not allow for the limitation of liability for incidental, consequential or punitive damages, then the above limitations and exclusions might not apply to you.

11. GOVERNING LAW

Terra Interactive operates in Harris County, State of Texas, United States of America. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts of Texas, U.S.A., in all disputes arising out of, or relating to, this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. TerraCaching.com’s performance of this Agreement is subject to existing laws and legal process, and you agree that we may comply with law enforcement, regulatory requests, or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim that you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

12. ATTORNEY’S FEES

In the event it is necessary to take legal action with respect to any dispute or disagreement between the parties, or to collect any unpaid fees or expenses under this Agreement, TerraCaching.com will remain entitled to recover its reasonable costs or expenses incurred, including reasonable attorney’s fees.

13. CHANGES TO THIS AGREEMENT

The terms of this Agreement may change from time to time. When you visit the Site, you are bound by the version of this Agreement that is in effect at the time of your visit.

14. SEVERABILITY; NO WAIVER

If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive You or TerraCaching.com of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision. TerraCaching.com’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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