1. Who are we?
We are Masek Csaba sole proprietor (registered seat: 14. Gyümölcs str. Nagykovácsi, 2094, Hungary; company registration number: 54892381; tax No.: 56256410-1-33; Tel: 0036703848018; E-mail: firstname.lastname@example.org; represented by: Csaba Masek as managing director) (“Service Provider”, “We” or “Us”) and we own and operate the following website, application and discussion forums: www.wofa.games website and the World of Adventures application. For the purpose of these general terms and conditions (“General Terms and Conditions”), the websites and mobile applications above, including all associated software, content, products and data will be referred to throughout these General Terms and Conditions simply as our “Services.” References to “content” should be read in the broadest context possible; content includes among other things text, images, code, feedback, forum posts, your account details, emails, music, and audiovisual materials.
For more information about our company and how to contact us, visit our Contact Us page.
2. Which services are covered by these General Terms and Conditions?
These General Terms and Conditions apply to World of Adventures Services provided by Us for users (“You”) via the website, application and discussion forums referenced in section 1 above. The Services include the following functions:
• User registration;
• User communication;
• Service providing;
• Payment process.
As described below, the Service Provider is not responsible for game-related information available through our services and You are responsible for your own safety.
3. General Terms and Conditions
These General Terms and Conditions govern the rights and obligations of the Service Provider and You, furthermore the terms and conditions of the use of the Services by You.
By registering for the Services as described below, You agree to all the General Terms and Conditions incorporated into this document as referenced below.
The agreement between You and Us is concluded once We either accept your registration by email or provide You access to the Services you have chosen. Prior to submitting your registration, you will have access to these General Terms and Conditions and you will have the opportunity to check all the information you provided and correct any mistakes directly in the registration form. We recommend that you print a copy of these General Terms and Conditions for your records. We do not store a copy on your behalf.
If You do not agree to all of these General Terms and Conditions, do not use the Services provided by Us.
Because of the nature of the game, which requires a cellular data plan or GPS device and the ability to travel to geocache locations, our services are not directed toward anyone under the age of 18. Although individuals under 18 are welcome to geocache, their parents or guardians must own and manage their accounts.
If you are a parent or guardian and discover that your child under the age of 18 has an account not created and managed by you, then you may alert us via email and request that we delete that child’s personal information.
6. Other Terms
7. Use of Our Services
Inherent Risks: Geocaching and other location-based activities facilitated by our Services can be dangerous and may take you to difficult to access or potentially treacherous locations. When hiding or seeking geocaches, or taking part in other location-based activities, you risk property damage, bodily injury, or death. There are many variables that must be considered prior to seeking or placing a geocache or engaging in other location-based activities, including: weather, fitness level, terrain features, and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution.
Presence of certain information within the Services (e.g. the location of a geocache) does not imply that accessing such location is safe or legal. Do not enter third parties’ property without permission and always obey applicable laws during any location-based activity, including hiding or seeking geocaches. You assume all risks associated with hiding or seeking a geocache, and other location-based activities associated with the Services.
Feature availability: According to some features of the application there can be some limitation regarding to third party actions. For example the augmented reality feature can be used from Andriod version 10 and iOs version 12.
8. Account Registration
The Service Provider hereby grants you a limited, non-exclusive, non-transferable, fully revocable (pursuant to the termination provisions below) license to view and use our services for your own personal, non-commercial purposes in accordance with these General Terms and Conditions.
Permission to use the Services is subject to the following restrictions. You agree not to:
• Frame the Services, use any robot, spider, scraper, or other means to access or collect data from the Services without our express written permission.
• Use the Services, including GPX files, for any purpose other than your personal use without our written permission.
• Abuse or exploit bugs, undocumented features, design errors, or problems in our services.
• Interfere or attempt to interfere with the proper working of the Services, access to, or use of the Services, including by imposing a disproportionately large load on our infrastructure.
• Upload, post, transmit, or otherwise distribute (including by emailing us) any content or act in a way that targets others on the basis of a legal protected status; is unlawful, harmful, threatening, intimidating, abusive, harassing, tortious, defamatory, profane, obscene, libellous, invasive of another’s privacy, hateful, embarrassing, harmful to minors; promotes political or religious extremism; promotes or provides instructional information about illegal activities; or is otherwise reasonably objectionable to any person or entity.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Disrupt the normal flow of dialogue in our forums or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
• Upload, post, transmit, or otherwise distribute 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.
• Upload, post, transmit, or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of unauthorized solicitation.
• Reverse engineer, decompile, or attempt to extract the source code of the software associated with the Services.
• Violate any applicable local, state, national, or international law.
• Violate any of the guidelines or policies associated with the Services.
• Interfere with the ability of others to enjoy the Services.
• Collect, store, or distribute personal data about other users of the Services.
• Publish on our websites or anywhere else, solutions, hints, spoilers, or any hidden coordinates for any geocache without consent from the owner.
• Misrepresent the location, permission status, or legality of a geocache you have submitted through our services.
11. Suspension and Termination
We may suspend or terminate your account upon notice if you violate these General Terms and Conditions. If the situation warrants, we will give you a reasonable opportunity to fix the issue before suspending or terminating your account. Any suspension or termination of your account applies to You personally; You may not access the Services through any other account that You own or create or through accounts owned or created by others. You can stop using the Services and terminate the agreement between You and Us at any time. You are entitled to rescind the agreement between You and Us within 14 days from entering into the agreement. All provisions of these General Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to the Services
We will provide You with notice of any material changes to the Services or plans to suspend or terminate the Services. The Services include software that may update automatically on your device once a new version or feature is available. We are under no obligation to provide maintenance support or upgrades for any of our software except where required by applicable law.
13. Ownership of the Services
The services are the property of the Service Provider and are protected by copyright, trademark, and other intellectual property laws. Using the Services does not give You ownership of any intellectual property rights in the Services or the content You access. Do not copy or download any of the content available through the Services (except your own) unless We have expressly authorized You to do so. All rights not expressly granted in these General Terms and Conditions are reserved by the Service Provider or by the respective owners of the intellectual property rights.
14. Ownership of Others’ Content and Products
The Services display content that does not belong to the Service Provider. Except as part of the Services, you may not use third party content from the Services unless you have our permission, obtain the permission of the content owner, or are otherwise permitted by law. Content available through the Services that does not belong to the Service Provider is the sole responsibility of the person or entity that has made it available. We do not review content available through the Services although we may remove content we become aware of and that we reasonably believe violates our policies or applicable law.
Third parties may provide products for use with our services, such as software or widgets and our website may include third party products and links to third party sites. As an example, it may include videos accessible via YouTube’s Application Programming Interface. By using the application, You agree to be bound by the YouTube Terms of Service.
15. Your Geocaches and Digital Content
All digital content you submit through the Services remains yours (subject only to the license grant below); this includes your logs and pictures, your comments and anything You post to our discussion forums. You and not the Service Provider are entirely responsible for all content that You upload, post, or otherwise transmit via the Services. You represent and warrant that you have all necessary rights and permissions required for all content You post and for the rights You grant to Us below, and that your content does not violate these General Terms and Conditions or, other terms, policies or guidelines, the rights of any other party or applicable law.
16. The Rights You Grant Us to Your Content
By submitting content to the Services, you grant the Service Provider a worldwide, non-exclusive, royalty-free, for the legal duration of intellectual property protection, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content as well as its derivative works on our websites or applications, on social networks such as Facebook, Twitter, Instagram (whether or not from our accounts), on sharing platforms (such as YouTube, Dailymotion, whether or not from our channels), in our emails and e-banner ads, on our intranet and on our internal documentation, in our business to business marketing materials, for commercial, or promotional purposes. You agree that We have no obligation to monitor or protect your rights in any content that you may submit to Us, but in the event that someone else takes content You have submitted through our services without either of our permission, You give us the right to request that they take the content off of their website or otherwise stop using it.
17. Claims of Copyright Infringement
The Service Provider respects the intellectual property rights of others, and asks that You and all users of our services do the same. If You believe your work has been published on our services in a way that constitutes copyright infringement, You must notify Us by providing all of the following information:
• A description of the copyrighted work or other intellectual property that You claim has been infringed.
• Identification of the material that You claim is infringing and needs to be removed, including a description of where it is located on our websites or mobile applications.
• Your address, telephone number, and, if available, email address, so that the Service Provider can contact You about your complaint. If You are representing a third party or a legal entity, please provide its name and address as well.
• A physical or electronically 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 that You are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
It is our policy, in appropriate circumstances, to terminate the accounts of individuals who are repeat infringers or are repeatedly the subject of infringement claims.
TO THE EXTENT THEY ARE PROVIDED FREE OF CHARGE, OUR SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, AND WITHOUT WARRANTY. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES OTHER THAN OUR ENGAGEMENTS UNDER THESE GENERAL TERMS AND CONDITIONS. IN PARTICULAR, TO THE EXTENT SERVICES ARE PROVIDED FREE OF CHARGE, WE DO NOT GRANT ANY COMMERCIAL WARRANTIES ON THE SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
To the extent we provide any goods, contents or services against a fee, they are subject to the warranty provisions set forth by the applicable statutory law.
“GUARANTEED ADVENTURE-EXPERIENCE”: IF YOU ARE NOT SATISFIED WITH THE SERVICES RECEIVED DURING YOUR ADVENTURE, WE WILL REFUND 80% OF THE PURCHASED PASS PRICE UPON YOUR WRITTEN REQUEST. THE CONDITION TO BE ENTITLED TO THE REFUND IS TO GIVE US YOUR PHONE NUMBER UPON REQUEST, AND GIVE US A SHORT PHONE INTERVIEW ABOUT YOUR EXPERIENCE.
19. Limitation of Liability
To the extent we provide any services free of charge, our liability for damages caused is limited to the ones caused intentionally, in accordance with applicable statutory law. For the purpose of this limitation of liability, the notice given in clause 7 above shall be deemed as notification on the substantial features of the Services.
If we provide any goods, contents or services against a fee, to the extent permitted by law, we will not be liable for any direct or indirect damages or lost of profit, which does not result from a breach of our contractual or legal obligations, including, but not limited, which result from the defects of your hardware, software, the quality of the telecommunication network, disobey of the applicable laws by you or your ignorance of the risks associated with the use of our Services as described in Section 7 above.
For claims based on loss of data due to the Service Provider’s gross negligence, the Service Provider will be liable in accordance with the foregoing paragraph only to the extent that You have backed up data at reasonable intervals in a way that allows reconstruction with reasonable efforts. Liability for all other damages is excluded, in particular for loss of data or hardware defects or interruption which are caused by unforeseen incompatibility with your systems or mobile devices or for system interruptions caused by incorrect configuration or outdated components.
All limitations of liability in these General Terms and Conditions shall apply in equal scope and substance to the Service Provider’s officers, directors, shareholders, agents, employees, contractors, representatives, successors, assigns.
You agree to indemnify and hold the Service Provider, its officers, employees, agents, translators and forum moderators/administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ fees) that the Service Provider may incur in connection with: (a) your breach of any of the terms of these General Terms and Conditions; (b) your fraudulent use of the Services; or (c) your violation of applicable law which you are responsible for.
21. Governing Law and Forum
The law of your country of residence shall apply to any dispute arising out of or relating to the content or formation of this Agreement or the services. Any dispute that may arise from the negotiation, validity, interpretation, execution, interruption, or termination of this Agreement shall be submitted exclusively to the courts of your country of residence.
22. Information concerning dispute resolution for users in Europe
The EU Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. Consumers can use this platform for the resolution of disputes. However, we are not obliged or willing to participate in these dispute resolution procedures before a consumer dispute resolution body.
23. Changes to these General Terms and Conditions
We may need to update our General Terms and Conditions from time to time, for example, to correctly reflect our Services or changes in the law. We will notify You before we make any changes that affect your rights or substantively modify the agreement You and Us. By continuing to use the Services after the changes go into effect, You agree to be bound by the revised General Terms and Conditions. If You do not agree to the revised General Terms and Conditions, You shall stop using the Services. Changes will not apply retroactively.
24. General Terms (Severability, Waiver, Entire Agreement)
If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these General Terms and Conditions will remain in full force and effect, and the allocation of rights, obligations and risk described in these General Terms and Conditions will be given effect to the fullest extent possible. The Service Provider’s failure to act with respect to a breach by You or others does not constitute a waiver of the Service Provider’s right to enforce its rights with respect to later or similar breaches. these General Terms and Conditions, along with any guidelines, terms or policies posted on our websites or mobile applications or that we otherwise provide to you, constitutes the entire agreement between us with regard to your use of our services. The contract between You and Us shall not be a written contract. We will register the contract and it will be available later on upon your request. Contracting could be completed in the English language. No specific ethical code shall apply to the Service Provider.
The payment for the subscription may be made by bank card, using the technical solutions available in the Barion service. Barion is an electronic payment processing service that allows You to make payments securely with your bank card. Barion Payment Zrt. (licence number: H-EN-I-1064/2013) is under the supervision of the National Bank of Hungary. You don’t have to register for Barion to use the service. If You want to pay by card, all you have to do is enter your card number, expiration date, CVC code, and an email address (so we can send You a confirmation of the payment). If You register for Barion’s payment service, you’ll never have to type in your bank card information when paying through Barion — your email address and password will be enough. It’s easy and secure.