Terms

As of 17.11.2017

1. Terms of Use APRS Caching | Geocaching of a different kind

By registering on APRS Caching, you agree to these terms of use. If you do not understand the terms of use or if there is no agreement to these terms, the access and use of APRS Caching is forbidden.

2. Registration

On registering, the member is obligated to provide a valid e-mail address and at least two correct digits of the postal code of the current domicile.

3. Member account

The member may only use his account himself and should keep his password secret. The member is liable for each and every activity which is performed with his account. It is forbidden to use the account for any activity which could impede the services of APRS Caching. You can delete your member account yourself at any time.

4. Privacy policy

Informations on our privacy policy are found in our declaration on privacy policy.

5. Provision of data

5.1 Upload of images

It is not allowed to upload images covered by the law for the protection of the youth. The images may not infringe upon the rights of third parties, may not show genitals, and may not be racist, glorify violence, or be radical right-wing. It has to be ensured that the images do not infringe upon trademarks, copyrights, patents, and personality or owner rights. If APRS Caching should discover any such infringement, the respective image will be deleted without further notice. Should costs be incurred by this act, Should costs be incurred by this act, APRS Caching will assert a claim for the costs against the responsible person in the form of compensation. APRS Caching may use data provided on the website for its own purpose.

5.2 Upload of videos

The function to upload videos on APRS Caching may only be used to publish private video recordings. Any publication of commercial videos of any kind is forbidden. APRS Caching refers you to the respective video hosting services. APRS Caching reserves the right to proceed against the responsible user in the case of misuse, and to discontinue the provision of this function at any time. APRS Caching may use data provided on the website for its own purpose.

5.3 Upload of music

The function to upload music on APRS Caching may only be used to publish private music recordings. Any publication of commercial music of any kind is forbidden. APRS Caching refers you to the respective music hosting services. APRS Caching reserves the right to proceed against the responsible user in the case of misuse, and to discontinue the provision of this function at any time. APRS Caching may use data provided on the website for its own purpose.

6. Responsibility, copyright infringement

6.1 member contents

APRS Caching is not able to control all the contents of the members. Controls will be made at random or per notification. Contents can be deleted or moved without further notice. The responsibility for the uploaded data (videos, images, music) lies solely with the respective members. ATTENTION! In the case of copyright infringements, APRS Caching will actively contribute to the identification of the responsible member.

6.2 Interactive modes of communication of the members

Controls in the forum and comparable modes of communication on APRS Caching will be made at random or per notification. Contents can be deleted or moved without further notice. APRS Caching is particularly unable to control all the articles in the forum. Hereby APRS Caching distances itself expressly from the articles of the individual members and can not be made liable for the contents of the individual members. The responsibility for all articles lies solely with the respective members who wrote the article.

7. Chat, private messages, e-mails

7.1 Messages

Private messages and e-mails may be sent. In this way, it is possible to get into contact with other members. APRS Caching is unable to see the private content and therefore cannot control it. Messages and e-mails may not infringe upon the rights of third parties, may not show genitals, and may not be racist, glorify violence, or be radical right-wing. Terms of abuse of any kind are forbidden. If complaints against a member should reach us, we retain the right to delete the respective profile at any time.

7.2 Chat

Controls of the official chat are made at random or per notification. Contents can be deleted without further notice. Chat contributions may not infringe upon the rights of third parties, may not show genitals and may not be racist, glorify violence, or be radical right-wing. Terms of abuse or advertisements of any kind are forbidden in the official chat. If there should be a transgression, the respective member will be deleted without further notice.

7.3 Messenger

It is possible to have a private chat with another member (one-on-one chat). We have no control over the content of such a chat and therefore cannot control anything. Chat contributions may not infringe upon the rights of third parties, may not show genitals and may not be racist, glorify violence, or be radical right-wing. Terms of abuse of any kind are forbidden in the official chat. If there should be a transgression, the respective member will be deleted without further notice after the notification through the chat partner.

8. Liability and limits of liability

Compensation claims against APRS Caching are excluded, unless APRS Caching, its legal representatives, or agents acted wilfully or grossly negligent. In case of minor negligence, APRS Caching is only liable insofar as a contractual obligation, essential to the fulfillment of the contractual purpose, was breached. The aforementioned limitation of liability is not valid for compensation claims which result from impairment of life, body, or health, or the adoption of a warranty for the characteristics of goods or for the fraudulent concealment of deficiencies.

9. Indemnity

Hereby, you declare that you indemnify APRS Caching with regard to claims and demands which are made by third parties in relation to images, videos, and music, which you have transmitted.

10. Applicable law, place of fulfillment and court of jurisdiction

Austrian law applies to the exclusion of the UN trade law. The place of fulfillment and exclusive court of jurisdiction, insofar as legally valid, is Völkermarkt, Austria. Verbal side agreements do not exist. Changes of the contract conditions require text form. This holds also true for the changing of this text-form clause. If single contract conditions should become or be entirely or partially invalid, the rest of the contract will remain effective. In the case of such invalidity, the contract partners shall agree on a substitute condition that approximates the economic purpose of the selected, ineffective condition. The same holds true for a regulatory gap.

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