Terms of Service

Effective Date: December 8, 2018

 

Overview

This website is operated by TerraCaching and Terra Interactive, LLC. Throughout the site, the terms "we", "us" and "our" refer to Terra Interactive, LLC. Terra Interactive, LLC offers this website https://ww.terracaching.com, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This agreement applies to the following services of TerraCaching and Terra Interactive, LLC:

1. www.terracaching.com
2. play.terracaching.com
3. community.terracaching.com
4. blog.terracaching.com
5. Review the store’s (store.terracaching.com) Terms of Service.

By visiting our site, using our services, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are members, browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these term, do not use the site. You can also email [email protected] to close your account.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - TERMS

1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and / or you have given us your consent to allow any of your minor dependents to use this site. The site is not intended to be used by minors less than 13 years of age.
2. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. You must not transmit or use any worms, robots, scraper, viruses or any code of a destructive nature or that copies the data of our members postings or caches.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

1. We reserve the right to refuse service to anyone for any reason at any time.
2. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - MEMBERSHIP

You may sign up as a registered user of the website free of charge (a "Member"). To become a Member you need to go to the relevant section of the website, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. Account information will be treated in accordance with our Privacy Policy. Members can purchase enhanced tools that allow them easier access to finding or searching for geocaches.

Members are granted a limited, revocable, non-exclusive, non-transferable license 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
/ member and are protected by applicable intellectual property laws. TerraCaching.com reserves all rights not expressly granted by this Agreement.

Members may post geocaches, communications, pictures, logs, community discussions, and agree to allow TerraCaching.com to utilize this material to enhance the site and communicate with other members of the site. TerraCaching.com has the right to edit any materials submitted by members without notice. Posting by Members
is the responsibility of those members only, and TerraCaching.com does not warrant any accuracy of such postings. Members represent and warrant that they have all necessary rights, permissions, copyrights required legal authority to post this Content.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales and use of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. An Example would be Google
Maps, Google Earth and you would be subject to their terms and conditions along with their privacy policies.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Please also send a copy to [email protected] so that we can resolve issues with these providers or remove them from the site.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example geocaches or contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, photos, music, videos, or other materials, whether online, by email, by postal mail, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

1. to maintain any comments in confidence
2. to pay compensation for any comments
3. to respond to any comments

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments or geocaches posted by you or any third-party.

Section 11 – Trademarks

TerraCaching and the TerraCaching logo, as well as certain other names, logos, and materials displayed on the Site constitute trademarks, trade names, service marks or logos (Marks) for TerrCaching.com or other entities. You are not authorize to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with TerraCaching.com or those other entities. You must have expressed written permission to utilize these Marks from TerraCaching.com.

Section 12 – Claims of Copyright Infringement

The Site respect the intellectual property of others, and we ask our users / members 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 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. Description of the copyright work, and where it is displayed on the site. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized, you make this statement under penalty of perjury.
2. You can send this information by mail to Terra Interactive, LLC, PO Box 95 Durango, CO 81302, United States, or by email to [email protected]
3. We will take the disputed item(s) down from public viewing until a resolution can be reached between the parties.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy

ECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

1. for any unlawful purpose
2. to solicit others to perform or participate in any unlawful acts
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
6. to submit false or misleading information
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
8. to collect or track the personal information of others
9. to spam, phish, pharm, pretext, spider, crawl, or scrape
10. for any obscene or immoral purpose
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TerraCaching is a real world activity, which involves risk to both persons and property. There are many variables including, but not limited to, weather, physical fitness level, terrain features, and level of outdoor experience, that must be considered before 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. If it looks too risky, or feels unsafe for you or a member of your party, STOP, TURN AROUND, AND PROCEED SAFELY HOME . Accidents can happen that could seriously harm you or those that are with you, these accidents could tragically even result in death. This site assumes that you have experience, and have informed yourself of basic outdoor hiking, camping, and safety protocols. Please, perform basic research using search engines on the Internet to assist you and your party. An example is this website US Forest Service Recreational Activities: Outdoor Safety . YOU ASSUME ALL RISKS ARISING IN CONNECTION WITH ANY ONLINE OR OFFLINE ACTIVITY RELATED TO TERRACACHING OR THE SITE. Please send us a notice of any geocaches that may be illegal, or unsafe to [email protected].

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

In no case shall TerraCaching, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, other users / members, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law, this includes countries in the European Union.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TerraCaching and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, other users / members, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. Please send such request to [email protected].

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of Texas, United States.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us:

1. By email:[email protected].
2. By mail: PO Box 95 Durango, CO 81302