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Motocaching terms and conditions (EULA)

Introduction

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Felisys Oy and its successors for the use of the motocaching website motocaching.net ("Site"). The EULA declares simultanously the terms and conditions for the use the service provided on the Site.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE SITE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Terminology used in this document:

  • Service means the motocaching service including the motoaching.net website.
  • User means you - the user of the Service
  • Service Provider or Provider is the party that is providing the Service for the User (currently Felisys Oy, Finland)
  • A Cache is a location, route or event that is content of the Service introducing a target for a motorcycle ride.
  • Motocaching is the activity where users create Caches in the Service and visit the locations or events or ride the routes introduced as Caches.
  • Seeking a Cache means riding (or driving) to a Cache including riding a route, participating an event and any activity at the Cache location.
  • Motocachers are people who participate Motocaching
  • Licensor is the party owning the service or having the rights necessary to provide the Service, currently Felisys Oy. The Licensor may change without prior notice.

By using the Service, you accept these terms and conditions in full. If you disagree with the EULA, you must not use the Service.

License Grant

Licensor grants to User a limited, non-transferable, royalty-free license to use the Service in accordance with the terms of this EULA ("License").

Licensor Right of Termination

Licensor may terminate the License at any time upon notice to Licensee. The license will terminate immediately without notice if Licensee fails to comply with any provision of this Agreement.

Effect of Termination

Upon termination of the License Licensee must stop using the Service. The Licensor has the right at its discretion to destroy any and all information and other data the User has submitted to the Service. The Licensor has the right at its discretion to use the data and information submitted by the User even after termination of License according to this EULA without any fee or payment to the User. The User will not make any claim to the information nor the data, which would limit the Licensor to use the data or the information in the Service.

Safety and responsibilities

When visiting Caches, the Users are fully responsible of their own actions and safety when Seeking a Cache. The Provider of the Service can’t be held responsible for any events related to the Seeking of a Cache. The User must evaluate any safety issues or legal issues like traffic rules himself/herself when Seeking a Cache.

The User accepts that the information in the Cache descriptions or else where in the Service may be incomplete, misleading, incorrect or not up to date.

User rights and responsibilities

The User may use the Service according to these terms and conditions for non-commercial purposes.

The User is fully responsible without limitations for any information, material, pictures or texts that the User adds, uploads or links to the Service comforming with any and all legal requirements in any country. BY ADDING, UPLOADING OR LINKING ANY INFORMATION THE USER ACCEPTS FULL LIABILITY CONNECTED TO ANYTHING THE USER HAS ADDED. UPLOADED OR LINKED IN OR TO THE SERVICE.

Publishing a Cache or any other information may include a review phase. Despite of the review, any responsibilities are not transferred to the reviewer or the Provider of the Service. The purpose of the review is only to improve quality of the content. The User accepts that the review is not through and it will not prevent the User from adding or publishing information that is misleading, incomplete and incorrect or against laws or regulations.

The User must choose a password that is safe enough and store it in such way that it can’t be accessed by anyone else. User may not give any identification information or passwords, that is related to the Service, to other people.

User may use the Site only fulfilling the following conditions:

  • view pages from the Service with a browser
  • print pages from the Service
  • save or copy information about a Cache on the User’s device for personal use and only for the purposes for Seeking Caches
  • add information to the site according while accepting full responsibility of anything added, as explained in EULA.
  • always fully following any rules, guidance of the site administrators or moderators and manuals of the Site on the Site, which may be modified by Licensor, the sites administrators or moderators any time.
  • The User is an individual person and uses the site only for personal purposes.

User must not:

  • publish material from the Service
  • sell, rent or sub-license material from the Service
  • use any material from the Service for commercial purposes
  • distribute material from the Service
  • leech or download the Service or any part of the Service for duplication of the Site
  • use, access or otherwise interact motocaching.net website with any other means other than the user interface web pages provided by the Service
  • use, access or otherwise interact motocaching.net website using any automated methods, robots, scripts or anything comparable (doesn’t apply to search engines that make the search results publicly available)
  • use the Service in any way or do anything that may cause damage to the Service, or may impairment of the availability, accessibility or performance of the Service
  • do anything to agitate, cheat, bully, insult, harass or otherwise harm other Users
  • use the Service in any way that is against law, fraudulent, racist, insulting or harmful
  • modify or try to modify any file or content in the Service not expressly offered for modification by Licensor
  • reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from any file, software or content in the Service
  • remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.

Adding content in the Service

When adding any texts, comments, translations or other content to the Service or motocaching forum User may not

  1. violate any copyrights or other immaterial rights (for example copy texts or pictures to Cache descriptions without permission. For example StreetView pictures from Google or pictures or texts from a travel website)
  2. suggest anyone doing anything that violates traffic rules, laws, regulations or even good manners.
  3. make caches that cause or will probably cause danger or harm to motocachers or other people.
  4. make caches that cause or will probably cause harm to environment, nature or property or cause trespassing or other unauthorized use of any property or right.
  5. reveal personal information of other people (for example phone number, e-mail address, home address, birthday etc.). Note that this doesn’t apply to public information of a company.
  6. bring up any political, religious or ideological opinions.
  7. use the service to anything else than motocaching without a specific permission from the provider of the service; for example marketing, research, sending spam or junk messages, or organizing games unless

About user information

The Provider of the Service will not give user data to a third party unless specifically required by law or official authorities.

User accepts that the following information is shown to other registered and unregistered users:

  • user nickname
  • date when User registered to the service
  • number of found Caches of the User
  • number of Caches made by the User
  • rough information about your last visit on the website; ‘less than a week’ being the most accurate information that is shown

Processing of user data is described in more detail in the privacy policy (i.e. user database description as required by Finnish legislation).

E-mail messages

User accepts that the Service or Service Provider may by default send e-mail messages about important events that are specifically related to the User; For example notifications about private messages from other Users (You have an option in your user profile to prevent these e-mails)

Copyright notice

Copyright © Felisys Oy, 2014

The Service Provider owns and controls all copyright and intellectual property rights in the website and the material on the website.

All copyright and intellectual property rights in the website and the material on the website are reserved.

In the context of this document “your content” means texts, pictures or any other data or content that you add or submit to the Service.

You grant the Provider of the Service a worldwide, irrevocable, unlimited and royalty-free license to copy, modify, store, publish, sell, redistribute your content or use it in any other way on any website or media.

You agree that the Provider may at any time remove your content from the service or make changes to it without asking your permission or giving an explanation.

You agree that the Service Provider is not responsible to protect your rights to the content. However, if someone copies or otherwise uses your content without your or the Service Provider’s permission, you grant the Service Provider all rights to demand stop using the content, remove it from a website or demand for compensation.

Limited warranties

THE SERVICE IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND

THE SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT:

  • THAT THE WEBSITE IS CONSTANTLY AVAILABLE OR AVAILABLE AT ALL
  • THAT THE INFORMATION ON THE SITE IS COMPLETE, TRUE, ACCURATE, UP TO DATE OR NON-MISLEADING

THE SERVICE PROVIDER HAS NO OBLIGATION TO PROVIDE ANY SUPPORT, MAINTENANCE, OR OTHER SERVICES.

THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND THE SERVICE PROVIDER SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SERVICE, THE SERVICE CONTENT OR ANY ASSOCIATED SERVICE.

THE SERVICE PROVIDER RESERVES THE RIGHT TO STOP PUBLISHING THE WEBSITE OR MAKE ANY CHANGES TO THE SERVICE AT ANY POINT WITHOUT EXPLANATION.

THE USER WILL NOT BE ENTITLED TO ANY COMPENSATION OR PAYMENT FOR THE TIME WHEN THE SERVICE IS NOT AVAILABLE.

THE SERVICE PROVIDER WILL NOT BE LIABLE TO YOU IN RELATION TO THE CONTENTS OF THE SERVICE OR YOUR USAGE OF THE SERVICE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

BY USING THE SERVICE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY DESCRIBED IN THIS DOCUMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.

THE SERVICE PROVIDER DISCLAIMS TO THE FULLEST EXTENT AUTHORIZED BY LAW ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Acknowledgements

Ownership of Service. Licensor or its suppliers own the title, copyright, and other intellectual property rights in the Service.

Third Party Software. The Service may from time to time contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located on Site and are made a part of and incorporated by reference into this EULA.

Consent to Use of Data. User agrees that Licensor and its affiliates may collect and use technical information gathered as part of the product support services. Licensor may use this information solely to improve products and services and will not disclose this information in a form that personally identifies User.

Cancellation or suspension of account

The Provider of the service may suspend or cancel your account or remove inappropriate text from your account details at any time without asking for permission or giving an explanation.

General Provisions

Force Majeure. Licensor shall not be liable for any failure of or delay in the performance of this EULA for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

Entire Agreement. This EULA sets forth our entire agreement with respect to the Service and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. However, any rules, guidance of the site administrators or moderators and manuals of the Site on the Site are part of the EULA

Amendment. Licensor reserves the right, in its sole discretion, to amend this EULA from time to time by posting amendments to the Site. If the Licensee does not accept amendments made to this agreement, then this License will be immediately terminated without notice and the User must not use the Site.

Assignment. Licensee may not assign this EULA or any of its rights under this Agreement without the prior written consent of Licensor and any attempted assignment without such consent shall be void.

Notices. Licensor may deliver any notice required by this EULA via pop-up window, dialog box or other device, even though you may not receive the notice unless and until you launch the Service. Any such notice will be deemed delivered on the date Licensor first makes it available through the Service, irrespective of the date of receipt.

Governing Law. This EULA shall be governed, construed, and enforced in accordance with the laws of Finland, without regard to its conflict of laws rules.

Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.

Waiver. Failure or neglect by either party to enforce at any time any of the provisions of this licence EULA shall not be construed or deemed to be a waiver of that party's rights under this EULA.

Headings. The headings of sections and paragraphs of this EULA are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.

Order of content. The order of paragraphs or text in this EULA are arbitrary and are not meant not be given any meaning in interpretation of the EULA.

Languages. The original language of the EULA is English, which will prevail in case of conflicting translations.