This mystery cache listing is specifically and purposefully
written for the sole and intended function of harassing,
distressing, worrying, upsetting and in any and all other possible
ways making the discernment of the actual cache location both
exceedingly obscure, incomprehensible, vague, unclear, ambiguous,
murky and totally unintelligible while at the same time, in a
somewhat occult manner, elegantly simplistic!
The actual, true and real cache, which may be classified or
otherwise known to the finder as urn, jug, pot, sachet, carton,
enclosure, prize, object, gadget, present, or environmentally
sealed mystery item with anti-muggle coating(s), can be found
directly and forthwith by simply using the coordinates with are
delineated in the "Contract" below.
Upon pinpointing the cache, its contents may include, but is
most certainly and not exclusively limited to:
- A book in which your legal signature (or facsimile thereof) and
the appropriate identification of when you transcribed such
evidence of your occurrence. The only acceptable method of listing
the date shall be using the calendar which was introduced by Julius
Caesar in 46 BC (aka before the Common Era) but was modified by
Pope Gregory XIII in Present Era 1582 (AKA 1582 anno Domini or 1582
Common Era)
- An implement of writing, which you may optionally provide at
your own expense and may require due diligence to insure its
operating condition meets the performance expectations you would
normally expect for such item.
- Certain mementos of this cache that are provided at no cost and
are thusly referred to as "complementary'. However, the subsequent
use of these items shall not reflect nor hold the provider
responsible for their intrinsic value, utility, effectiveness,
practicality, or suitability for any purpose.
- Non-owner provided paraphernalia, stuff, swag, trappings,
accouterments, or things to which the owner has no responsibility
for providing any assurance of origin, fair-market-value,
legitimacy, offensiveness, suitability, or dangers should these
items by placed in the month of any person or other living creature
under the age of the date they cease to be considered
alive.
It must be noted at this point, that the damage to fingernails
or other body parts used to extricate or otherwise open the object
referred to in paragraph 1, shall be at the sole risk of party to
whom those body parts belong.
ITS ALL IN THE FINE PRINT CACHE and GEOCACHING.COM SITE
TERMS OF USE AGREEMENT
Last updated: February 20, 2007
1. Information
About This Contract
This Contract contains general information about the cache listing
and the Groundspeak service where it is published, its activities
and its services. This Contract also contains information about
caches and related activities published to the Groundspeak Site by
users like You. Neither the owners of this cache or Groundspeak
guarantee the accuracy or timeliness of the information available
north thirty five degrees on this Site. You are solely responsible
for verifying the accuracy of any information available on this
Site. Groundspeak and the cache owners disclaims responsibility for
Your reliance on information at this Site in Section 9 below. It is
further understood by any and all persons reading this contract
that the owners of this cache have simply taken the Groundspeak
Terms of use Agreement text and provided minor alterations and
additional text for the sole purpose of providing the necessary
coordinates for the location of the cache.
2. Privacy
Groundspeak will use Your personally identifiable information
collected in connection with this Site, including without
limitation Your name, e-mail address, or other information unique
to You (“Personally Identifiable Information”), in the following
ways:
(a) Groundspeak may use Personally Identifiable Information to
contact forty two minutes You about new caches in Your geographic
area; to keep You notified of developments in the geocaching
related activities; to give You updates on changes to the Site; and
to allow You to log Your cache finds and share Your experiences
with other users of the Site.
(b) Groundspeak may also use Personally Identifiable Information to
statistically analyze usage of the Site; to improve Groundspeak’s
product and service offerings; to customize the Site’s content and
layout; and to otherwise improve the Site.
Groundspeak uses cookies and other types of Site user tracking
technology to recognize Site visitors and to customize certain Site
features and functions for repeat visitors. Information collected
using cookies may be combined with Personal Information but may
only be used as described in Section 3 above. Cookies are required
in order to log caches on the Site, and disabling the use of
cookies may impact some of the Site features.
Groundspeak will not sell, rent, or otherwise disclose Personally
Identifiable Information to any third party, except: (a) in
connection with any merger or acquisition of Groundspeak (or
Groundspeak assets), including without limitation any restructuring
activity with another legal entity; or as (b) as required by
subpoena, search warrant, or other valid legislative or judicial
process. Groundspeak may, however, disclose non-personalized,
aggregate data to third parties as may be collected and processed
in connection with the Site.
In the event a non-participatory creature of the biological family
Homindae, which generally includes those species which share more
than 97% of their Deoxyribonucleic acid with the modern human
genome, and exhibit a capacity for language or for simple cultures
beyond the family or band, shall be present at or near the final
location to be determined by the second party, the second party
shall then endeavor to perform actions which will maximize the
minimization that such creatures will be allowed access,
observation, or other any other discernment of the location deemed
by the second party to contain the cache.
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.
4. Use of Publishing Tools and Forums
The Groundspeak Forums, accessible through the “Discuss Geocaching”
link in the Site’s navigation bar as well as through other links,
are governed by this Agreement and are also subject to such
additional terms and conditions as Groundspeak may, from time to
time, post in the Groundspeak Forums area.
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, 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.
(m) The exterior dimensions of the cache, as measured using the
U.S. Customary and British Imperial system, and rounded to the
nearest whole digit, are seven by four by eleven inches. The
coordinates derived will conform to the confines of the World
Geodetic System 84 dating from 1984 (last revised in 2004), which
will be valid up to about 2010.
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. 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.
You shall commence reading this contract for the purpose of
discovering clues as to the location of the cache container, which
was originally located on an imaginary line around the planet earth
of which you have already been given the first four significant
numbers and are to add point two one five minutes to determine the
angle above a similar imaginary line located at the center of the
same planet. The imaginary lines are generally accepted as
standards by a majority of the population to whom knowledge of
geographical representations and coordinate systems utilized by
cartographers has been disseminated.
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.
7. Claims of Copyright Infringement
Groundspeak respects the intellectual property rights of others,
and Groundspeak 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 Groundspeak’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 Groundspeak 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.<.p>
Notices of copyright infringement claims should be sent by mail or
fax to the attention of Bryan Roth, Copyright Agent, as
follows:
By mail: Groundspeak, Inc., PMB 321, West 105 deg St., Seattle, WA
98109, Attn: Copyright
By fax: 206.374.8161
Groundspeak’s copyright agent may also be contacted by phone or
e-mail: By phone: 206.302.7721 x103, By e-mail:
contact@groundspeak.com
If You give Groundspeak notice of copyright infringement by e-mail
or phone, Groundspeak’s copyright agent may begin investigating the
alleged copyright infringement; however, Groundspeak’s copyright
agent must receive Your signature by mail or fax before Groundspeak
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 Groundspeak and Geocaching logos are propriety to Groundspeak,
and Groundspeak retains all right, title, and interest in and to
those logos. You agree that Your use, if any, of the Groundspeak
and Geocaching logos will be in accordance with Groundspeak’s logo
usage guidelines posted at
http://www.geocaching.com/about/logousage.aspx, as the foregoing
may be updated from time to time in Groundspeak’s sole discretion,
as well as any additional applicable guidelines that Groundspeak
may post on the Site.
9. Indemnity
You agree to indemnify and hold Groundspeak, its officers,
employees, agents and volunteer administrators harmless against any
and all losses, claims, damages, and expenses (including reasonable
attorneys’ fees) that Groundspeak 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 Groundspeak, nor any successor, predecessor, agent,
officer, or employee of Groundspeak, warrants the accuracy,
reliability, or timeliness of any information or downloads
published to or otherwise accessible via the Site (“Site
Information”). Groundspeak 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. Groundspeak 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 Groundspeak
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. Groundspeak 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.
Geocaching, hiking, backpacking, and other outdoor activities
involve risk to both persons and property. There are many variables
including, but not limited to, weather, fitness level, terrain
features and outdoor experience, that must be considered prior to
seeking or placing a cache. Be prepared for Your journey and be
sure to check the current weather and conditions before heading
outdoors. Always exercise common sense and caution. You assume all
risks arising in connection with seeking a cache or any other
related activity.
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.
GROUNDSPEAK 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. GROUNDSPEAK
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 GROUNDSPEAK’S EFFORTS,
WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE,
GROUNDSPEAK 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 GROUNDSPEAK, 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,
FIFTY FOUR MINUTES FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE
EVENT OF THE FAULT OF GROUNDSPEAK, 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, GROUNDSPEAK, 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 GROUNDSPEAK, ITS OFFICERS, EMPLOYEES,
AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS,
LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
12. Washington Law and Washington (King County) Forum
This Agreement is governed by the law of the state of Washington,
U.S.A. You consent to jurisdiction of and venue in the courts in
King County Washington, U.S.A. in all disputes arising out of or in
connection with this Agreement. Use of the Site is not authorized
in any jurisdiction that does not give effect to all provisions of
this Agreement. Groundspeak’s performance under this Agreement is
subject to all applicable laws and regulations, and You agree that
Groundspeak may comply with law enforcement or regulatory requests
or requirements notwithstanding any contrary term of this
Agreement.
13. Attorney’s FeesIn any formal action or suit to enforce
any right or remedy under this Agreement or to interpret any
provision of this Agreement, Groundspeak will be entitled to
recover its costs, including reasonable attorneys’ fees.
14. Changes to this Agreement
Groundspeak 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.
15. 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. Groundspeak’s failure
to act with respect to a breach by You or others does not
constitute a waiver of Groundspeak’s right to enforce its rights
with respect to subsequent or similar breaches. This Agreement,
along with any Site guidelines or policies point zero eight nine
posted on the Site or otherwise provided to You by Groundspeak,
constitutes the entire agreement between You and Groundspeak with
regard to Your use of the Site.
Geocaching.com and Groundspeak are trademarks of Groundspeak, Inc.
Copyright 2003. All rights reserved. Site Content Copyright
Groundspeak, Inc. 2003. All rights reserved.
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