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Wisconsin Geocaching Association - Terms of Use

 

 

Wisconsin Geocaching (wi-geocaching.com) Website Terms of Use

Last updated: March 9, 2011

Welcome to www.wi-geocaching.com, the official website of the Wisconsin Geocaching Association. This Web site includes access to Wiscconsin geocaching related information, the Wisconsin Geocaching Forums and other services as may be made available form time to time by the Wisconsin Geocaching Association (the “Site”). These Terms of Use form a legal agreement between the accountholder (“You”) and the Wisconsin Geocaching Association (“the WGA”).

1. Information Available at this Site

This Site contains general information about the Wisconsin Geocaching Association, as well as information, stories, and postings made by Site users. The WGA does not guarantee the accuracy or timeliness of the information available on this Site. You are solely responsible for verifying the accuracy of any information available on this Site. The WGA disclaims responsibility for Your reliance on information at this Site in Section 9 below.

2. Privacy

Refer to our Privacy Policy for the details on how the WGA will collect and use personal information from You.

3. License to Use Site; Restrictions

The WGA hereby grants You a non-exclusive, non-transferable, revocable license to view and use the Site in accordance with this Agreement and any guidelines or policies posted on the Site. The WGA reserves the right to suspend or revoke, in its sole discretion, the license hereunder and to prevent You from accessing all or any portion of the Site with or without notice or reason and without liability on the part of the WGA.

The WGA may change, suspend, or discontinue any portion of the Site, or any service offered on the Site, at any time, including but not limited to any feature, database, application, or content. The WGA may also impose limits on certain features offered on the Site with or without notice.

The Site and all content available on the Site are protected by applicable intellectual property laws, and are for personal and noncommercial use. All rights not expressly granted in this Agreement are reserved by the WGA or by the respective owners of the intellectual property rights. All materials available on or through the Site, other than Third Party Submissions (collectively, the “Site Materials”) are the property of the WGA or of its licensors and are protected by copyright, trademark, and other intellectual property laws. The WGA reserves the right to impose additional terms and conditions upon Your use and viewing of particular Site Materials, and any such terms and conditions may be posted on the Site in connection with those Site Materials. You may not reproduce or retransmit the Site Materials, in whole or in part, in any manner, without the prior written consent of the owner of such materials, except as follows: You may make a single copy of the Site Materials solely for Your personal, noncommercial use, but such copying must be consistent with any applicable additional terms and conditions and You must preserve any copyright, trademark, or other notices contained in or associated with such Site Materials. You may not distribute such copies to others, whether or not in electronic form and whether or not for a charge or other consideration, without prior written consent of the owner of such materials. If you have any questions, contact us at info@wi-geocaching.com.

4. User Provided Content

You and not the WGA, are entirely responsible for all content that you upload, post or otherwise transmit via the Site. You agree not to:

(a) Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, vulgar, obscene, libelous, invasive of another's privacy, hateful, embarrassing, or racially, ethnically or otherwise objectionable to any other person or entity.

(b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

(c) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship.

(d) Upload, post or otherwise transmit 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.

(e) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

(f) Upload, post or otherwise transmit any content that contains viruses or any other computer code, files or programs which interrupt, destroy, limit the functionality of, or cause damage to the Site or any computer software or hardware or telecommunications equipment.

(g) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Site.

(i) Violate any applicable local, state, national or international law.

(j) "Stalk," harass, or otherwise harm another Site user.

(k) Collect or store personal data about other Site users.

(l) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual.

5. Access and Interference

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to the WGA 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 without our express written permission. 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; or (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or other measures we may use to prevent or restrict access to the Site.

6. License to Use Submissions

All comments, articles, tutorials, screenshots, pictures, graphics, tools, downloads, and all other materials submitted to the WGA in connection with the Site or available through the Site (collectively, “Submissions”) remain the property and copyright of the original author. If You submit Submissions to the WGA, You must adhere to any applicable submission guidelines that may be posted from time to time on the Site. By submitting any Submission to the WGA, You grant the WGA a worldwide, non-exclusive, transferable, perpetual, irrevocable, fully-paid royalty-free license and right to use, reproduce, distribute, import, broadcast, transmit, modify and create derivative works of, license, offer to sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that Submission for any purpose and without restriction or obligation to You.

The foregoing license rights are intended to provide to the WGA all rights under existing and future laws, including without limitation all rights under copyright and any other rights personal to You to publish the Submission on the Site, use the Submission in publicity and promotional materials for the Site and to create new Sites or derivative works (including without limitation by combining the Submission with other content) for public display or performance via any and all media or technology now known or later developed. The foregoing rights may be licensed and sublicensed through unlimited tiers of third parties.

7. Claims of Copyright Infringement

The WGA respects the intellectual property rights of others, and the WGA asks that all users of the Site do the same. If You believe that Your work has been published on the Site in a way that constitutes copyright infringement, You may notify the WGA’s copyright agent by providing the following information:

(a) Identification of the copyrighted work that You claim has been infringed.

(b) Identification of the material that You claim is infringing and needs to be removed, including a description of where it is located on the Site.

(c) Your address, telephone number, and, if available, e-mail address, so that the WGA can contact You about Your complaint.

(d) And a 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, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent by mail to the attention of the WGA’s Copyright Agent, as follows:

Wisconsin Geocaching Association
c/o Copyright Agent
PO Box 44
Darien, WI 53114

The WGA’s copyright agent may also be contacted by e-mail at info@wi-geocaching.com. If You give the WGA notice of copyright infringement by e-mail, the WGA’s copyright agent may begin investigating the alleged copyright infringement; however, the WGA’s copyright agent must receive Your signature by mail or fax before the WGA is required by law to take any action. More information about U.S. copyright law can be found at the United States Copyright Office.

8. Logo Usage

The WGA logo is propriety to the Wisconsin Geocaching Association, and the Wisconsin Geocaching Association retains all right, title, and interest in and to the logo. Users wishing to use the logo, except for display on a geocaching.com cache page or a personal webpage, must contact the WGA to obtain permission.

9. Indemnity

You agree to indemnify and hold the WGA, its officers, employees, agents and volunteer administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ fees) that the WGA may incur in connection with: (a) Your breach of any of the terms of this Agreement; or (b) Your use of the Site.

10. NO WARRANTIES

Neither WGA, nor any successor, predecessor, agent, officer, or employee of WGA, warrants the accuracy, reliability, or timeliness of any information or downloads published to or otherwise accessible via the Site (“Site Information”). The WGA 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. The WGA 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 WGA spokespersons, including, without limitation, information contained in the forum areas of the Site. The Site may also contain links to one or more internet sites outside of the Site. WGA is not responsible for the content of such outside internet sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such outside internet sites. You rely on the Site Information, as well as information found on outside internet sites linked to the Site, at Your own risk.

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 AND THE RESULTS AND PERFORMANCE OF THE SITE. THE WGA 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. THE WGA 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 THE WGA’S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, THE WGA 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.

11. LIMITATION OF DAMAGES

TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT THW WGA, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SITE INFORMATION, 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. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF THE WGA, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.

SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, THE WGA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATOR'S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO U.S.$10.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE THE WGA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

12. Attorney’s Fees

In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the WGA will be entitled to recover its costs, including reasonable attorneys’ fees.

13. Changes to this Agreement

The WGA reserves the right to revise the terms of this Agreement at any time and from time to time. Each time You use the Site, You are bound by the version of this Agreement that is in effect and posted on the Site at the time of Your use. Please review them.

14. Severability; No Waiver; Entire Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. The WGA’s failure to act with respect to a breach by You or others does not constitute a waiver of the WGA’s right to enforce its rights with respect to subsequent or similar breaches. This Agreement, along with any Site guidelines or policies posted on the Site or otherwise provided to You by the WGA, constitutes the entire agreement between You and the WGA with regard to Your use of the Site.

15. Applicable law

You agree that these terms of use and any dispute arising out of your use of Wisconsin Geocaching Association or the site editor's products or services shall be governed by and construed in accordance with local laws in force of United States of America, headquarters of the owner of Wisconsin Geocaching Association, without regard to its conflict of law provisions. By registering or using this web site and service, you consent and submit to the exclusive jurisdiction and venue of United States of America, headquarters of the owner of Wisconsin Geocaching Association. 

16. Miscellaneous information

(ID 1033 0 1) In the event that these terms of use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms of use will remain valid and intact; (ii) The failure of either party to assert any right under these terms of use shall not be considered a waiver of that party's right, and that right will remain in full force and effect; (iii) You agree that, without regard to any statute or contrary law, that any claim or cause arising out of Wisconsin Geocaching Association or its services must be filed within one (1) year after such claim or cause arose, or else the claim shall be forever barred; (iv) The site editor may assign the site editor's rights and obligations under these terms of use; in this case, the site editor shall be relieved of any further obligation.

United States of America, October 2014 

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