OpenCaching API Terms of Use

Introduction

The Opencaching API (“Service”) lets you send content to, and receive content from, Opencaching.com (the “Website”) using your Opencaching API Implementation. The Website is one of many Internet sites of Garmin Ltd. and its subsidiaries ("Garmin").

The Terms

Your use of the Opencaching API is subject to the terms of this agreement between you and Garmin (“Terms”). Please note that the Terms also include the Opencaching.com Terms of Use, found at http://www.opencaching.com/#terms, and the Opencaching.com Privacy Statement, found at http://www.opencaching.com/#privacy. To the extent any differences exist between the Opencaching.com Terms of Use, the Opencaching.com Privacy Statement, and these Opencaching API Terms of Use, these Opencaching API Terms of Use shall govern with respect to access and use of the Opencaching API and content acquired therefrom.

Garmin reserves the right to make changes to these Terms at any time. The most recent and controlling version of the Terms may be found at http://www.opencaching.com/api_doc/concepts/terms.html. You understand and agree that your continued use of the Service after the Terms have been updated is an acceptance of the updated Terms. If you find the updated Terms unacceptable, you may terminate the agreement by ceasing use of the Service.

You may accept the Terms either by using the Service and/or by manually agreeing to the Terms on the Website. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms.

The Service

The content provided through the Service, such as documents, data points, text, graphics, images, drawings, audio, video and other material, as well as the domain names, tagline, organization, combinations thereof, and the like (collectively, the “Content”), may be protected by copyright, trademark and other such laws in the United States and foreign countries, and may be owned or controlled by Garmin or by third parties that have licensed their Content to Garmin. The Content may include, but is not limited to, geocaching information, records, geocaching data coordinates, user forum submissions, and related geocaching information (collectively, the “Geocaching Data”).

Except as provided herein, your use of the Service does not give you any legal right, title, license, or other interest in Content provided through the Service, including Content or other data provided by you or your users to Opencaching.com. Further, except as set forth herein, nothing in the Terms or in your use of the Service will grant you any right, title, or interest to Garmin intellectual property, content, data, branding, or other proprietary information.

You acknowledge that Garmin may alert, change, inhibit, block, restrict, or otherwise adjust your use of the Service at any time and at Garmin’s own discretion. If you find Garmin’s adjustment of your access to the Service unacceptable, you may terminate the agreement by ceasing use of the Service. You also acknowledge that Garmin reserves the right, at any time and in its own discretion, to terminate the Service, upgrade the Service, change the Content provided through the Service, or otherwise discontinue or materially alter the Service.

To access the Service, you must first acquire an Opencaching API Key (the “Key”). The Key will be provided to you after you have created an Opencaching.com account and accepted these Terms. Subject to your acceptance of the Terms and continued use of the Service in accordance with the Terms, Garmin grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service and/or Content in the manner specified herein.

Geocaching Data

Geocaching Data submitted through the Service by your Opencaching API Implementation remains the property and copyright of the original author. However, by submitting any Geocaching Data using the Service, you and your users grant Garmin a transferable, perpetual, royalty-free, irrevocable license and right to reproduce, create derivative works of, license, distribute, sell, publicly display and publicly perform the submitted Geocaching Data for any purpose and without restriction or obligation to you or your users. Garmin will undertake commercially reasonable efforts to publish, under the Creative Commons Attribution Share-Alike 3.0 License (http://creativecommons.org/licenses/by-sa/3.0/) , Geocaching Data submitted to the Service using your Opencaching API Implementation.

You represent and warrant to Garmin that any Geocaching Data submitted to the Service using your Opencaching API Implementation does not and will not infringe the trademark, service mark, copyright, right to publicity, or other intellectual property rights of a third party.

You also represent and warrant that any Geocaching Data submitted to the Service using your Opencaching API Implementation is accurate, refers to a public and safe location, and is not restricted by any applicable law or regulation. You agree that you are solely responsible for verifying the accuracy and lawfulness of any Geocaching Data submitted to the Service using your Opencaching API Implementation.

Your Use of the Service

You agree to use the Service only for the purposes outlined herein. To use the Service, you must:

1. Comply with the requirements of the Creative Commons Attribution Share-Alike 3.0 License (http://creativecommons.org/licenses/by-sa/3.0/) (the “CC-BY-SA 3.0 License”) when reproducing, displaying, copying, formatting, compiling, or otherwise using Geocaching Data acquired through the Service.

a. That is, if you alter, transform, or build upon the Geocaching Data, you may distribute the resulting work only under the CC-BY-SA 3.0 License or a compatible license.

2. Provide the following attribution statement in a prominent manner and in close proximity to all Geocaching Data reproduced, displayed, formatted, compiled, or otherwise used by your Opencaching API Implementation:

“Opencaching.com data licensed under the Creative Commons BY-SA 3.0 License”

When possible OpenCaching.com should be a clickable link to OpenCaching.com and if the information being displayed is about a particular geocache, it should link to that geocache’s page on OpenCaching.com

3. Require each uploading user to create a unique Opencaching.com account <http://www.opencaching.com/#register> prior to uploading any data to Opencaching.com through your Opencaching API Implementation.

4. Post and adhere to a privacy policy that complies with all applicable laws relating to the collection of information from your Opencaching API Implementation.

5. Include in the terms of use for your Opencaching API Implementation:

a. a requirement that all users of your Opencaching API Implementation agree to be bound by the Opencaching.com Terms of Use.

b. the link to the Opencaching.com Terms of Use <http://www.opencaching.com/#terms>

c. a statement that Garmin is not responsible for the Content, including Geocaching Data, provided through the Service;

d. Garmin does not review or authenticate Geocaching Data for accuracy, relevance, lawfulness or safety; and

e. a statement that your users use and rely on the Content and Geocaching Data at their own risk and that your users should verify the accuracy, safety, lawfulness and/or relevance of any Geocaching Data prior to relying on it for any purpose.

You may not

1. Copy, publish, compile, print, display, format, assemble, or otherwise use Geocaching Data acquired through the Service in a manner contrary to the CC-BY-SA 3.0 License.

a. For example, you may not incorporate the Geocaching Data acquired through the Service into your geocaching database without publishing your geocaching database under the CC-BY-SA 3.0 License or a compatible license.

2. Delete, obscure, modify, or in any manner alter any warning, notice, attribution, or link that appears in the Service or the Content.

3. Hide, modify, or otherwise obscure your identity, your system’s identify, or your user’s Opencaching.com account information, when using the Service.

4. Allow, enable, or otherwise facilitate the circumvention of these Terms or the Opencaching.com Terms of Use.

5. Use Opencaching branding materials, including the OpencachingTM mark and the Opencaching logos, in a manner contrary to the Opencaching Trademark Policy

6. Imply an affiliation, sponsorship, or other relationship with Garmin.

Garmin's Liability

Garmin makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Service and the Content. Any use of or reliance on the Service or the Content is at your own risk.

Some Content provided through the Service may be provided by third parties, including Geocaching Data. Garmin will not be held responsible for any such Content. Garmin does not review or authenticate submitted Geocaching Data for accuracy, relevance, lawfulness or safety. You should verify the accuracy, safety, lawfulness and/or relevance of any Geocaching Data prior to relying on it for any purpose. Any use or reliance on Geocaching Data is at your own risk.

GARMIN DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

GARMIN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE AND/OR ITS CONTENT.

THE SERVICE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the Service and any of the Content is at your own risk. If you are dissatisfied with any of the Content or other contents of the Service or with these Terms of Use, your sole remedy is to discontinue use of the Service. IN NO EVENT WILL GARMIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless Garmin, its officers, directors, employees and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Service, your users use of the Service, your breach of these Terms of Use, or your users’ breach of the Opencaching.com Terms of Use.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Service will be construed in accordance with and determined by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By using the Service, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Service is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms of Use will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of:

Governing law and forum:

Any European Union country

English laws; London, England

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

In the event of a complaint, or to request further information, the provider may be contacted in writing at Garmin International, Inc. 1200 East 151st Street, Olathe, Kansas 66062, USA, by telephone at (913) 397-8200 (ask for the webmaster), or by e-mail at webmaster@garmin.com.