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EULA, Terms of Use & Privacy


GeoDetecting
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Hello, I'm all confused about this. I see the Privacy & Terms on the website but when I downloaded the APP recently I got the EULA agreement, what and where is this on the web so I can read it in full length to understand it more and how are these different if anything?

 

Thanks

 

Bill

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Hello, I'm all confused about this. I see the Privacy & Terms on the website but when I downloaded the APP recently I got the EULA agreement, what and where is this on the web so I can read it in full length to understand it more and how are these different if anything?

 

Thanks

 

Bill

 

I'm doing a LOT of guessing here because I don't use the APP but I suspect that EULA is an acronym for End User License Agreement and refers specifically to the use of the software you downloaded. The TOU and Privacy policy refer to the use of information from the website. Don't have a clue where to find EULA though.

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What is it exactly that you're looking for?

It may in in the "Terms of Use Agreement"

 

Does any of this help??

 

3. License to Use Site; Restrictions

 

Groundspeak 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. Groundspeak 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 Groundspeak.

 

Groundspeak 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. Groundspeak 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 Groundspeak 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 Groundspeak or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Groundspeak 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 contact@Groundspeak.com.

 

Subscription portions (if any) of the Site may contain additional terms and conditions applicable to use of that portion of the Site, including without limitation password usage and protection rules. If You subscribe to any service at this Site, You will be asked to agree to those terms and conditions as part of the subscription transaction, and those terms and conditions will be deemed incorporated into this Agreement by this reference.

 

By using the Site, you represent and warrant that you are 18 years of age or older, or under the supervision of your parent or legal guardian. If we believe that you are under 18 years of age and not under the supervision of your parent or legal guardian, please be advised that your account may be terminated without warning.

4. Use of Publishing Tools and Forums

 

All features, functions and areas of the geocaching.com website, including the Groundspeak Forums (http://forums.Groundspeak.com), are governed by this Agreement and are also subject to such additional terms and conditions as Groundspeak may, from time to time, publicize. To post in the Groundspeak Discussion Forums, you must be 18 years or older, or under the supervision of your parent or legal guardian.

 

You and not Groundspeak, 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, tortuous, 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.

 

© 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.

 

(m) Publish, on any Groundspeak owned web property, the solutions, hints, spoilers, or any hidden coordinates for any geocache without consent from the cache owner.

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 Groundspeak 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. Notwithstanding the foregoing, You may access the Site via authorized Geocaching Live API applications. 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 Groundspeak 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 Groundspeak, You must adhere to any applicable submission guidelines that may be posted from time to time on the Site. By submitting any Submission to Groundspeak, You grant Groundspeak 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 Groundspeak 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.

Link to comment

What is it exactly that you're looking for?

It may in in the "Terms of Use Agreement"

 

Does any of this help??

 

3. License to Use Site; Restrictions

 

Groundspeak 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. Groundspeak 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 Groundspeak.

 

Groundspeak 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. Groundspeak 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 Groundspeak 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 Groundspeak or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Groundspeak 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 contact@Groundspeak.com.

 

Subscription portions (if any) of the Site may contain additional terms and conditions applicable to use of that portion of the Site, including without limitation password usage and protection rules. If You subscribe to any service at this Site, You will be asked to agree to those terms and conditions as part of the subscription transaction, and those terms and conditions will be deemed incorporated into this Agreement by this reference.

 

By using the Site, you represent and warrant that you are 18 years of age or older, or under the supervision of your parent or legal guardian. If we believe that you are under 18 years of age and not under the supervision of your parent or legal guardian, please be advised that your account may be terminated without warning.

4. Use of Publishing Tools and Forums

 

All features, functions and areas of the geocaching.com website, including the Groundspeak Forums (http://forums.Groundspeak.com), are governed by this Agreement and are also subject to such additional terms and conditions as Groundspeak may, from time to time, publicize. To post in the Groundspeak Discussion Forums, you must be 18 years or older, or under the supervision of your parent or legal guardian.

 

You and not Groundspeak, 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, tortuous, 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.

 

© 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.

 

(m) Publish, on any Groundspeak owned web property, the solutions, hints, spoilers, or any hidden coordinates for any geocache without consent from the cache owner.

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 Groundspeak 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. Notwithstanding the foregoing, You may access the Site via authorized Geocaching Live API applications. 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 Groundspeak 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 Groundspeak, You must adhere to any applicable submission guidelines that may be posted from time to time on the Site. By submitting any Submission to Groundspeak, You grant Groundspeak 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 Groundspeak 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.

 

Hello, I just compared and they are some in the same but the EULA APP has additional info. I have this email after getting down to line 15 per my the APP for any questions about the EULA contact@Groundspeak.com and I will try there to get the FULL length agreement and post it.

 

Thanks

Link to comment

What is it exactly that you're looking for?

It may in in the "Terms of Use Agreement"

 

Does any of this help??

<cliped>

 

I was under the impression that the TOU applied to website use only and that the EULA applied to the geocaching apps. Is there some crossover that I'm unaware of? Does the EULA apply to me even if I don't use any of the geocaching apps?

Link to comment

What is it exactly that you're looking for?

It may in in the "Terms of Use Agreement"

 

Does any of this help??

<cliped>

 

I was under the impression that the TOU applied to website use only and that the EULA applied to the geocaching apps. Is there some crossover that I'm unaware of? Does the EULA apply to me even if I don't use any of the geocaching apps?

 

Again, I need what is said per the APP when I first bring it up!? Not sure why this is such a problem and some confusion here, its simple, I just need ALL this info so I know what I'm agreeing to on the web, its TO small to read on my little smart phone.

 

Thanks

 

GeoDetecting

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Don't use that APP! It's a trick! I read the fine print for you and it says you agree to be billed $199 every time you make a post on GS that includes the term, "EULA." Incredibly, this only applies to you, no other users. They underestimated your persistence in pursuing the truth!

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Don't use that APP! It's a trick! I read the fine print for you and it says you agree to be billed $199 every time you make a post on GS that includes the term, "EULA." Incredibly, this only applies to you, no other users. They underestimated your persistence in pursuing the truth!

Is it necessary to make fun of the OP for wanting to read a EULA? What about the EULA that promised $1000 to whoever read it?

Link to comment
Don't use that APP! It's a trick! I read the fine print for you and it says you agree to be billed $199 every time you make a post on GS that includes the term, "EULA." Incredibly, this only applies to you, no other users. They underestimated your persistence in pursuing the truth!

Is it necessary to make fun of the OP for wanting to read a EULA? What about the EULA that promised $1000 to whoever read it?

 

I totally agree. The OP is making a very reasonable request and there is never any reason to be rude. What really surprises me is why Groundspeak has not replied with anything to help after all this time.

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Thanks for this, yeh I was offended and didn't appreciate the rude response, gives GeoCaching and Groundspeak a bad name, while they leave that post to filter through the forum!

 

I have also wondered WHY I cant get anyone to respond to me, per directly asking per this forums admin (who has banned me for awhile because I mentioned another website, GEEZZ), has not replied and a direct email.

 

Thanks again for all who are supporting me, great community!

 

GeoDetecting

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Hello GeoDetecting,

 

If you wrote to the account that suspended your forum privileges in early 2011, that account is no longer active. This would explain why you received no response. In any event, the best way to obtain an answer from Groundspeak is to write them an email to contact @ Groundspeak.com. Groundspeak does not monitor the "Getting Started" forum, relying instead on the community and the volunteer moderators to assist newcomers with questions.

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This is good!!! I'm reading on my small phone the EULA, #15, "Miscellaneous. Should you have any questions concerning this EULA, or if you desire to contact Groundspeak for any reason, please contact by electronic mail at: contact@Groundspeak.com which I have!!!!!

 

What a joke!

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