Geocaster Terms of Use

Effective September 24, 2024

Welcome to Geocaster! Geocaster is a location-based media platform that connects audio and video content to physical locations across the globe. Users can experience location-specific media, known as “geocasts,” while exploring various regions and create their own geocasts to share with others. Whether you are discovering a walking tour, listening to audio stories, or creating your own experiences, Geocaster offers an immersive way to engage with the world around you.

1. Introduction
   

1. Acceptance of Terms By accessing or using the Geocaster mobile application, website, or related services (collectively referred to as “Services”), you agree to comply with and be bound by these Terms of Use (“Terms”). These Terms constitute a legally binding agreement between you and Geocaster. If you do not agree to these Terms, you may not access or use our Services. Your continued use of the Services after any changes to these Terms will constitute your acceptance of such changes.
   
2. Effective Date These Terms are effective as of September 24, 2024. Geocaster reserves the right to modify these Terms at any time. We will provide notice of any material changes to the Terms via email, app notifications, or by posting the updated Terms on our website. Your continued use of the Services following the update means you agree to the revised Terms.
   
3. About Us Geocaster is owned and operated by Cast’r Inc., located at 2597 NW Crossing Dr. Bend, Oregon 97703. Our mission is to create a dynamic platform where users can discover and share geocasts that bring places to life through media tied to physical locations. To learn more about our company or to contact us, please visit our Contact page at www.geocaster.co/contact.
   
4. Geographic Scope of Service Geocaster is available worldwide. However, certain features may be restricted based on geographic location, and different terms may apply to users from certain regions due to local regulations. Please be aware that these Terms apply to all users unless otherwise specified.
   

2. Eligibility and User Age
   

1. Minimum Age Requirement To use Geocaster, you must be at least 16 years old. If you are between the ages of 16 and 18, you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms. By creating an account and using Geocaster, you represent that you meet the age requirements and have the legal capacity to agree to these Terms.
   
2. Parental Consent for Minors For users under the age of 18 but at least 16, your parent or legal guardian must provide consent for you to use the Services. By allowing a minor to use the Services, the parent or legal guardian agrees to these Terms and takes full responsibility for supervising the minor’s use of the Services. This includes ensuring that the minor’s activities and content adhere to all applicable rules and guidelines set forth in these Terms.
   
3. Prohibited Use by Children Under 16 Users under the age of 16 are strictly prohibited from using Geocaster. If we become aware that someone under the age of 16 has created an account without parental consent, we reserve the right to delete the account and terminate access to the Services.
   
4. Account Suspension for Inaccurate Information You agree to provide accurate and truthful information when creating an account with Geocaster. If it is discovered that any information provided is false or that you do not meet the eligibility requirements outlined in this section, Geocaster reserves the right to suspend or terminate your account without notice.
   
5. Compliance with Local Laws In some jurisdictions, local laws may set additional age restrictions or require certain conditions for using location-based services like Geocaster. It is your responsibility to ensure that your use of the Services complies with the laws of your country or region.
   

3. Account Registration and Security
   

1. Account Creation In order to access certain features of Geocaster, you must create an account. When you register, you agree to provide accurate, current, and complete information as required by the registration form. You are responsible for updating your account information as necessary to maintain its accuracy and completeness. Geocaster is not responsible for any issues that may arise from false, incomplete, or outdated information.
   
2. Account Security You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account credentials with anyone and to notify Geocaster immediately of any unauthorized use of your account or any other breach of security. Geocaster will not be liable for any loss or damage arising from your failure to secure your account or from unauthorized access to your account.
   
3. Strong Password and Authentication We recommend that you use a strong password that is unique to your Geocaster account. For additional security, we encourage users to enable two-factor authentication (if available). This provides an extra layer of security by requiring a verification code in addition to your password when logging in.
   
4. Account Activity and Responsibility You are solely responsible for all activities that occur under your account. This includes any content posted, shared, or otherwise distributed through your account. If you allow others to access your account, you agree to take full responsibility for their actions as if they were your own. Any use of your account by third parties without your authorization is a violation of these Terms.
   
5. Account Termination or Suspension Geocaster reserves the right to suspend or terminate your account at its sole discretion, without notice, if you violate these Terms, provide false or misleading information, or if we suspect unauthorized use of your account. If your account is terminated, you will lose access to all content and features associated with it.
   
6. Prohibited Use of Multiple Accounts You may not create multiple accounts for any purpose, including attempting to circumvent account suspension or restrictions imposed by Geocaster. Any attempt to do so will result in the termination of all related accounts.
   
7. Account Transfer Your account is personal to you and may not be transferred or sold to another individual or entity without the prior written consent of Geocaster. Any unauthorized transfer or sale of an account is strictly prohibited and will result in immediate account termination.
   

4. Services and License
   

1. Description of Services Geocaster provides users with a platform to discover and create media, such as audio and video content, tied to specific geographic locations (“geocasts”). The Services allow users to explore geocasts in real-time while physically visiting different locations or to create geocasts that other users can experience. The Services include the mobile application, website, and any related online services offered by Geocaster.
   
2. License to Use Services Subject to your compliance with these Terms, Geocaster grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Services on compatible devices for personal, non-commercial purposes. This license allows you to install and use a copy of our mobile application on a device you own or control and access the Services for the purpose of discovering and creating geocasts.
   
3. Non-Commercial Use The Services are provided for personal, non-commercial use only. You may not use the Services to promote a business, product, or service without obtaining prior written permission from Geocaster. Unauthorized commercial use of the Services will result in the immediate termination of your account.
   
4. Modifications to the Services Geocaster reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. This includes adding, removing, or modifying features, content, or functionality. Geocaster will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
   
5. Third-Party Integrations and Services The Services may include integrations or links to third-party services (such as Google Maps, YouTube, or other APIs). Your use of third-party services through Geocaster is subject to the terms and conditions of those third-party providers, and Geocaster is not responsible for any issues arising from your use of those services. You acknowledge and agree that Geocaster is not liable for the content, functionality, or availability of third-party services.
   
6. Updates and Upgrades From time to time, Geocaster may provide updates, patches, or upgrades to the Services to improve functionality, enhance security, or add new features. These updates may occur automatically and without prior notice. By using the Services, you consent to these updates. Failure to install updates may impact your ability to use the Services or certain features.
   
7. Termination of License Geocaster reserves the right to terminate or revoke your license to use the Services at any time, without notice, if you violate these Terms or if we suspect misuse of the Services. Upon termination of the license, you must immediately cease all use of the Services and delete any copies of the Geocaster mobile application from your devices.
   

5. User-Generated Content
   

1. Ownership of User-Generated Content As a user of Geocaster, you retain full ownership of any audio, video, text, images, or other content that you create, upload, submit, or share through the Services (“User-Generated Content”). However, by submitting User-Generated Content, you grant Geocaster a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, publish, and create derivative works of your content in connection with operating and promoting the Services. This includes the right to share your content with third-party services, such as social media platforms, as part of Geocaster’s offerings.
   
2. Responsibility for Content You are solely responsible for the content you create, upload, or share through Geocaster. This includes ensuring that you have the necessary rights, permissions, and licenses to use and distribute all elements of your content. By submitting content, you represent and warrant that:
   You own or have the right to use the content and grant the licenses outlined in these Terms.
   
   - Your content does not infringe upon the intellectual property, privacy, or other legal rights of any third party.
   
   - Your content complies with all applicable laws and regulations.
3. Prohibited Content You agree not to submit, upload, or share any content through Geocaster that:

• Is illegal, offensive, or harmful, including content that promotes violence, harassment, discrimination, or hate speech.
• Contains explicit or NSFW (Not Safe For Work) material unless properly tagged or labeled, so users can make an informed decision before accessing it.
• Violates the intellectual property rights, privacy rights, or other legal rights of others.
• Is deceptive, misleading, or impersonates another person or entity.
• Contains viruses, malware, or other harmful code that could disrupt the Services or harm other users.

Geocaster reserves the right to remove or modify any content that violates these Terms or is deemed harmful, inappropriate, or objectionable at its sole discretion.

4. NSFW and Explicit Content Geocaster may contain user-generated content that is tagged as NSFW or explicit. You acknowledge that by using the Services, you may be exposed to content that is objectionable, offensive, or inappropriate for certain audiences. You agree that Geocaster is not responsible for monitoring or controlling the type of content available on the platform, and you use the Services at your own risk.
   
5. NSFW and Explicit Content If your content contains material that is considered explicit or NSFW, you must clearly tag it as such. Users are responsible for ensuring that they properly mark any sensitive or explicit material. Geocaster is not liable for any exposure to content that is not properly tagged, and users are advised to use caution when engaging with user-generated content.
   
6. Content Removal Geocaster reserves the right to review, modify, or remove Your Content at any time, for any reason or no reason, including for violations of these Terms or applicable laws. While Geocaster does not actively monitor all content, we may respond to complaints from users or take action to ensure the safety and compliance of our community standards.
   
7. No Obligation to Store Content Geocaster does not guarantee the continued availability of Your Content. While we strive to provide consistent access to Your Content, we reserve the right to remove or delete content at our discretion. You are responsible for maintaining backup copies of Your Content.
   
8. Public Nature of Content Content you submit to Geocaster may be publicly accessible depending on your privacy settings and the nature of the geocasts you create. By posting geocasts or other content, you acknowledge that other users may discover, view, and interact with Your Content, including sharing it on other platforms.
   
9. Feedback Any feedback, suggestions, or ideas you provide to Geocaster about improving the Services are entirely voluntary. You agree that Geocaster may use such feedback, suggestions, or ideas without any obligation to compensate you.
   

6. Location-Based Risks and Safety
   

1. Inherent Risks of Location-Based Activities Geocaster’s Services involve exploring real-world locations and interacting with content tied to geographic points of interest. By using the Services, you acknowledge that location-based activities involve inherent risks, including but not limited to property damage, bodily injury, or death. These risks may arise from various factors such as weather conditions, uneven or hazardous terrain, vehicular traffic, or unsafe areas. It is your responsibility to assess the risks before engaging in any location-based activities.
   
2. Personal Responsibility You are solely responsible for your safety and the safety of others when participating in any activities associated with the Services. This includes evaluating your physical fitness, the safety of the environment, and weather conditions prior to engaging with geocasts. Geocaster is not responsible for any injuries, losses, or damages that occur as a result of your participation in location-based activities.
   
3. Compliance with Laws and Regulations When using Geocaster, you must comply with all local, state, and national laws and regulations applicable to your location, including but not limited to trespassing, public safety, and property rights. You agree not to enter private property without permission from the property owner or violate any laws while engaging with geocasts.
   
4. No Guarantee of Safe or Legal Locations Geocaster does not verify or guarantee that the locations tied to geocasts are safe, legal, or accessible. Geocaster users may create geocasts in various locations, and the presence of a geocast at a particular location does not imply that accessing such a location is safe or lawful. You must use your own judgment and follow all relevant guidelines when deciding whether to visit a geocast location.
   
5. Responsibility for Property and Others You are responsible for any property damage or injury to others caused by your actions while using Geocaster. If you invite others to participate in activities or visit locations through Geocaster, you are responsible for ensuring that they are aware of the risks and that they comply with any applicable safety and legal requirements.
   
6. Event Participation If you organize or participate in events using Geocaster, you are responsible for ensuring that the event complies with all applicable laws, including those related to group gatherings, venue safety, and health regulations. This includes any health and safety guidelines in place at the time, such as social distancing or pandemic-related measures. Geocaster is not responsible for any risks associated with events hosted or attended by users.
   
7. Assumption of Risk By using the Services, you agree to assume all risks associated with location-based activities and release Geocaster from any liability for injuries, damages, or losses resulting from your participation. You acknowledge that Geocaster is not responsible for ensuring your safety or the safety of locations where geocasts are accessible.
   

7. Prohibited Activities
   

1. Content Restrictions You agree that you will not post, upload, share, or transmit any content through Geocaster that:

• Violates any local, state, national, or international law or regulation;
• Is illegal, defamatory, obscene, harmful, abusive, or harassing;
• Promotes hate speech, violence, or discrimination based on race, ethnicity, gender, sexual orientation, religion, or other characteristics;
• Contains explicit or NSFW content without proper tagging as specified in Section 5.5;
• Contains viruses, malware, or any other harmful code or software designed to interfere with the functionality of the Services;
• Violates the intellectual property or privacy rights of others, including copyrights, trademarks, or personal information;
• Encourages illegal activities or involves the distribution of illegal substances or materials.
  

Geocaster reserves the right to remove any content that violates these restrictions or that we deem inappropriate for the platform.

2. Misuse of Services You agree not to use Geocaster in any way that could interfere with, disable, disrupt, or negatively impact the functioning of the Services or other users’ experiences. This includes, but is not limited to:
   

• Engaging in any activity that imposes an unreasonable or disproportionately large load on Geocaster’s servers or infrastructure;
• Using automated means (e.g., bots, scrapers, or crawlers) to access, collect, or index information on Geocaster without our prior written consent;
• Attempting to interfere with the proper working of the Services, including bypassing security measures or accessing restricted areas of Geocaster;
• Exploiting any bugs, vulnerabilities, or unintended behaviors in the Services for personal gain or harm to others;
• Creating multiple accounts for any purpose, including evading suspensions or gaining unfair advantages in interactions.

3. Impersonation and Fraud You agree not to impersonate any individual or entity or falsely claim an affiliation with any person or entity when using Geocaster. Additionally, you may not:
   
   

• Provide false or misleading information when registering for an account or when using the Services;
• Use Geocaster for any form of fraudulent activity, such as phishing, scamming, or identity theft;
• Use the Services to deceive or mislead others, including making false claims about geocast locations or content.
  

1. Use of Location Spoofing Geocaster is a platform that relies on accurate location data to provide services. You agree not to use any means (such as VPNs, GPS spoofing, or other techniques) to misrepresent your physical location or the locations of geocasts for the purpose of misleading other users or gaining unauthorized access to features or content.
   
2. Reverse Engineering and Unauthorized Access You agree not to attempt to decompile, reverse engineer, disassemble, or hack any aspect of the Services, including any software or
   

8. Third-Party Content and Integrations
   

1. Third-Party Services Geocaster may include links, integrations, or other access to third-party services, websites, applications, or content (collectively, “Third-Party Services”). These Third-Party Services are not under the control of Geocaster, and we are not responsible for their content, functionality, accuracy, or policies. By using any Third-Party Services through Geocaster, you acknowledge and agree that you do so at your own risk.
   
2. Google Maps and Other APIs Geocaster uses third-party APIs, including but not limited to Google Maps, to provide certain location-based features. By using Geocaster, you agree to comply with the applicable terms and policies of these third-party providers, such as the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. Geocaster does not guarantee the accuracy of any location data provided through these APIs, and you use such data at your own risk.
   
3. Third-Party Content Geocaster may allow users to access third-party content such as media, articles, and videos. This content is provided solely for your convenience and information, and Geocaster does not endorse, monitor, or guarantee the accuracy or quality of such content. You acknowledge that by interacting with third-party content, you may be subject to additional terms and conditions imposed by the third-party content provider.
   
4. Liability for Third-Party Content and Services Geocaster is not responsible for any damages, losses, or issues arising from your use of or reliance on any Third-Party Services or content made available through the platform. You acknowledge that your interactions with third-party providers and the content they offer are solely between you and the third party, and Geocaster is not liable for any disputes or issues that arise from such interactions.
   
5. Advertisements and Sponsored Content Geocaster may display advertisements, promotions, or sponsored content as part of the Services. These advertisements and promotions are provided by third-party advertisers, and your de
   

9. Privacy and Data
   

1. Collection of Personal Data When you use Geocaster, we collect certain personal information in accordance with our [Privacy Policy](Insert Privacy Policy Link). This may include information such as your name, email address, location data, and any other information you provide while using the Services. By using Geocaster, you agree to the collection and use of your personal data as described in the Privacy Policy.
   
2. Geolocation Data Geocaster is a location-based service, and by using the Services, you consent to the collection, use, and storage of your geolocation data. This data is used to provide location-based features, such as discovering or creating geocasts tied to specific geographical locations. You can control the app’s access to your location through your device settings, but disabling location services may limit or prevent your use of certain features.
   
3. Use of Personal Data Geocaster uses the personal data it collects to:
   

• Provide and improve the Services;
• Personalize your experience, such as by offering recommendations based on your interactions;
• Communicate with you about your account, updates, or marketing offers (with your consent);
• Comply with legal obligations, protect against fraud, and ensure the security of the Services.

For detailed information on how we use your data, please refer to our Privacy Policy.

4. Data Security We take reasonable measures to protect your personal data from unauthorized access, disclosure, or loss. However, no method of transmission over the Internet or method of electronic storage is entirely secure, and we cannot guarantee absolute security. You acknowledge that your use of Geocaster is at your own risk.
   
5. Data Sharing with Third Parties Geocaster may share your personal data with third-party service providers who assist us in operating the Services, such as cloud storage providers, analytics platforms, and advertising partners. These third parties will only use your personal data in accordance with our instructions and the terms outlined in our Privacy Policy. We do not sell your personal data to third parties.
   
6. Third-Party Privacy Policies Geocaster may include links or integrations to third-party services that are governed by their own privacy policies. Geocaster is not responsible for the privacy practices of these third-party services, and we encourage you to review their privacy policies before interacting with them.
   
7. User Control and Access to Data You have the right to access, modify, or delete your personal data stored by Geocaster. You can request to access or delete your data by contacting us at [Insert Contact Email]. We will respond to your request in accordance with applicable data protection laws. Please note that deleting certain data may limit your ability to use the Services.
   
8. Data Retention Geocaster retains personal data for as long as necessary to provide the Services or as required by law. Once your personal data is no
   

10. Fees and Payment
    

1. Free and Paid Services Geocaster offers a combination of free and paid features or services. Certain features of the Services may require payment before access is granted. The fees associated with paid services will be clearly communicated to you before you purchase or subscribe to them. By using any paid services, you agree to pay the applicable fees and charges.
   
2. Payment Methods Geocaster uses third-party payment processors (such as Stripe) to process payments. When you make a payment, you agree to provide accurate and complete payment information. You authorize Geocaster or its payment processor to charge your chosen payment method for any fees associated with the Services. All payment information is handled by the third-party payment processor, and Geocaster does not store or control any payment details.
   
3. Subscription Services If you subscribe to a service that requires a recurring payment, such as a premium membership or subscription, you will be charged on a recurring basis (e.g., monthly or annually) as indicated at the time of purchase. You are responsible for canceling your subscription if you no longer wish to use the service. If you fail to cancel before the next billing cycle, you will be charged for the following period.
   
4. Refunds All fees paid for the Services are non-refundable unless otherwise specified by law or stated explicitly at the time of purchase. Geocaster may, at its sole discretion, provide refunds or credits in certain circumstances, such as in the event of technical issues or service disruptions. Refund requests must be submitted within a reasonable time frame by contacting our support team at support@geocaster.co.
   
5. Taxes All fees and charges for the Services are exclusive of applicable taxes, including sales tax, value-added tax (VAT), or any other taxes imposed by governmental authorities (“Transaction Taxes”). You are responsible for paying any applicable Transaction Taxes. If required by law, Geocaster may collect Transaction Taxes on behalf of governmental authorities and include those in your total payment amount.
   
6. Price Changes Geocaster reserves the right to change the fees for the Services at any time. If the price of a paid service increases, we will provide you with notice before the new price takes effect. For subscription services, the new price will apply to the next billing cycle after the price change. If you do not agree to the new price, you may cancel your subscription before the next billing cycle.
   
7. Failed Payments If your payment method is declined or a payment cannot be processed for any reason, Geocaster reserves the right to suspend or terminate your access to the paid services until the payment issue is resolved. You are responsible for resolving any payment issues and providing a valid payment method.
   
8. Disputed Charges If you believe there has been an error in billing or you wish to dispute a charge, you must contact Geocaster at [Insert Support Email] within thirty (30) days of the charge appearing on your account. Failure to dispute a charge within this time frame will result in the waiver of any claim regarding the disputed charge.
   

11. Dispute Resolution and Arbitration
    

1. Informal Resolution If you have any concerns or disputes related to Geocaster or these Terms, we encourage you to first try to resolve the issue informally by contacting our support team at [Insert Support Email]. Most issues can be resolved quickly and to your satisfaction by communicating directly with our team.
   
2. Agreement to Arbitrate If a dispute cannot be resolved informally, you and Geocaster agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms or the use of the Services (collectively, “Disputes”) through binding arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act and applies to all users, regardless of location. By agreeing to arbitration, you and Geocaster are waiving the right to a trial by jury or to participate in a class action.
   
3. Exceptions to Arbitration Despite the agreement to arbitrate, both parties retain the right to:
   

• Seek relief in a small claims court for Disputes that fall within the jurisdiction of the court; and
• Seek injunctive or other equitable relief from a court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
  

1. Arbitration Procedure Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will take place in the county where you reside, unless the parties agree otherwise. The AAA rules will govern the payment of filing, administrative, and arbitrator fees, but Geocaster will cover all reasonable fees and costs associated with the arbitration, excluding attorney’s fees, unless the arbitrator finds that your Dispute was frivolous or brought in bad faith.
   
2. Class Action Waiver You and Geocaster agree that any arbitration will be conducted solely on an individual basis and not as a class, collective, or representative action. The arbitrator may not consolidate the claims of more than one person or preside over any form of a representative or class proceeding. You and Geocaster agree to waive the right to participate in a class action lawsuit or class-wide arbitration.
   
3. Opt-Out You may opt out of this agreement to arbitrate by notifying Geocaster in writing within thirty (30) days of first accepting these Terms. To opt out, you must send an email to [Insert Support Email] with the subject line “Arbitration Opt-Out” and include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Geocaster can require the other to participate in arbitration for any Dispute.
   
4. Arbitration Decisions The arbitrator will have the authority to make any decisions or awards available in a court of law. The arbitrator’s decision will be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator will provide a written explanation of the award if requested by either party.
   
5. Governing Law This arbitration agreement, as well as any Disputes arising out of or relating to these Terms or Geocaster’s Services, will be governed by the laws of the state in which Geocaster is headquartered, without regard to its conflict of laws principles, except as may be otherwise provided in the Federal Arbitration Act.
   

12. Disclaimer of Warranties
    

1. Services Provided “As Is” Geocaster provides the Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. You use the Services at your own risk. To the fullest extent permitted by law, Geocaster disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.
   
2. No Warranty of Availability Geocaster does not guarantee that the Services will be available at all times, uninterrupted, secure, or free of errors. You acknowledge that Geocaster may experience downtime, technical errors, delays, or other issues that may affect your use of the Services. Geocaster is not responsible for any such issues or any loss or damage caused by them.
   
3. No Warranty on Content Geocaster does not warrant the accuracy, completeness, or reliability of any content provided through the Services, including user-generated content, geocasts, or third-party content. Geocaster is not responsible for any errors, omissions, or misstatements in the content, nor for any actions taken in reliance on the content.
   
4. Third-Party Services Geocaster may provide access to third-party services, integrations, or content (such as Google Maps or YouTube). Geocaster makes no representations or warranties regarding any third-party services or content. Your use of third-party services or content is solely at your own risk and subject to the terms and conditions of those third parties.
   
5. No Warranty of Security While Geocaster strives to protect your personal data and ensure the security of the Services, Geocaster does not guarantee that the Services will be free from viruses, malware, hacking, or other security breaches. You are responsible for protecting your own devices and data while using the Services, and Geocaster disclaims all liability for any damages caused by security breaches or unauthorized access to your account.
   
6. Limitation on Advice and Information Any advice or information, whether oral or written, obtained from Geocaster or through the Services, does not create any warranty not expressly stated in these Terms. You rely on such advice or information at your own risk.
   

13. Limitation of Liability
    

1. No Liability for Indirect Damages To the fullest extent permitted by law, Geocaster and its affiliates, officers, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or relating to your use of the Services, including but not limited to:
   

• Loss of profits, revenue, data, or goodwill;
• Personal injury or property damage;
• Cost of substitute goods or services;
• Loss of use or interruption of services;
  
  

Any other intangible losses, even if Geocaster has been advised of the possibility of such damages.

2. Limitation on Total Liability To the fullest extent permitted by law, Geocaster’s total liability to you for all claims arising out of or relating to these Terms or your use of the Services is limited to the greater of:
   

• The amount you have paid to Geocaster for the Services in the twelve (12) months immediately preceding the claim; or
• One hundred U.S. dollars (USD $100).

In jurisdictions where limitations on liability for incidental or consequential damages are not allowed, the limitations or exclusions in this section may not apply to you. In such cases, Geocaster’s liability will be limited to the fullest extent permitted by law.

3. User Responsibility You are solely responsible for your interactions with other users, third parties, and any geocasts you engage with through the Services. Geocaster has no responsibility or liability for the conduct of any user or for any user-generated content or geocasts. You agree to release Geocaster from any claims or liability arising from your interactions with other users or geocasts created by third parties.
   
4. Liability for Geolocation Data Geocaster provides geolocation-based services, which rely on data collected from your device and third-party services. Geocaster does not guarantee the accuracy or completeness of geolocation data and is not liable for any damages or losses resulting from the use of inaccurate or incomplete location data.
   
5. Assumption of Risk By using Geocaster, you acknowledge and assume all risks associated with the use of the Services, including any risks arising from the content provided by other users, third-party integrations, or your participation in location-based activities.
   
6. Exclusions for Certain Jurisdictions If you are a resident of a jurisdiction that does not allow the exclusion of certain warranties or the limitation of liability for damages, the exclusions and limitations above may not apply to you. In such cases, Geocaster’s liability will be limited to the fullest extent permitted by law.
   

14. Indemnification
    

1. User Agreement to Indemnify You agree to defend, indemnify, and hold harmless Geocaster, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Services;
• Your breach of these Terms;
• Your violation of any applicable laws, rules, or regulations;
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
• Any content or geocasts you submit, upload, post, or otherwise make available through the Services;

Any disputes or interactions between you and other users of the Services or third parties.

2. Geocaster’s Right to Control Defense Geocaster reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with Geocaster’s defense of any claim and not to settle any such matter without Geocaster’s prior written consent.
   
3. Scope of Indemnification This indemnification obligation includes, but is not limited to, claims resulting from user-generated content, third-party services, geocasts created or interacted with, and any other disputes arising from your use of Geocaster. This obligation applies to all claims, whether initiated by other users, third parties, or any governmental or regulatory authority.
   
4. Continued Obligation Your obligation to defend, indemnify, and hold harmless Geocaster will survive any termination of your account, your use of the Services, or these Terms.
   

15. Termination
    

1. User Termination You may terminate your account and stop using the Services at any time by following the account closure instructions provided within the app or by contacting us at [Insert Support Email]. Termination of your account will result in the immediate revocation of your access to the Services, and you will no longer be able to use any features that require an account.
   
2. Geocaster’s Right to Terminate Geocaster reserves the right to suspend or terminate your account and access to the Services at its sole discretion, without prior notice, for any reason, including but not limited to:
   

• A violation of these Terms;
• A violation of applicable laws or regulations;
• Suspected fraudulent or unauthorized activity;
• Conduct that harms or may harm Geocaster, other users, or third parties.

In the event of termination, you agree to immediately cease all use of the Services and forfeit any rights associated with your account, including any content or data stored within it.

3. Effect of Termination Upon termination of your account, Geocaster may delete all information and content associated with your account, including any geocasts, personal data, and stored media. Geocaster will not be liable to you or any third party for the termination of your account or the deletion of content.
   
4. Surviving Provisions The following sections of these Terms will survive termination: 5 (User-Generated Content), 9 (Privacy and Data), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Termination), and any other provisions that by their nature should survive termination.
   
5. Reinstatement Geocaster reserves the right to allow for the reinstatement of terminated accounts at its sole discretion. If you believe your account was terminated in error, you may contact Geocaster at [Insert Support Email] to request reconsideration. Reinstatement requests do not guarantee account reactivation.
   

16. Changes to the Terms
    

1. Right to Modify Geocaster reserves the right to modify or update these Terms of Use at any time. Any changes to these Terms will be effective when posted on the Geocaster website or within the mobile application. We will provide notice of any material changes to these Terms through reasonable means, such as by posting a notification within the Services or sending an email to registered users.
   
2. User Responsibility It is your responsibility to review the updated Terms periodically. Your continued use of the Services after changes to the Terms have been posted constitutes your acceptance of the modified Terms. If you do not agree to any modified Terms, you must discontinue your use of the Services and terminate your account.
   
3. Changes to the Services Geocaster may, at any time and without prior notice, modify, suspend, or discontinue any aspect of the Services. This includes changes to functionality, design, or availability. Geocaster will not be liable to you or any third party for any modifications to the Services.
   
4. Binding Agreement The most current version of these Terms, as posted on our website or through the mobile application, will apply to your use of the Services. Any updates or modifications to these Terms supersede all prior versions, and your continued use of the Services following any changes constitutes your acceptance of the updated Terms.
   

17. General Terms
    

1. Entire Agreement These Terms, along with the [Privacy Policy] and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and Geocaster regarding your use of the Services. This agreement supersedes any prior agreements, understandings, or representations related to your use of the Services.
   
2. Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalidity or unenforceability of any provision will not affect the validity of the remaining provisions.
   
3. Waiver Any failure by Geocaster to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver of rights or provisions must be in writing and signed by Geocaster. A waiver of any provision in one instance will not be considered a waiver of the same or any other provision in any future instance.
   
4. Assignment You may not assign or transfer any of your rights or obligations under these Terms without Geocaster’s prior written consent. Geocaster may assign or transfer its rights and obligations under these Terms without restriction, including as part of a merger, acquisition, or sale of assets.
   

18. Contact Information
    

1. How to Contact Us If you have any questions, concerns, or feedback regarding these Terms of Use, the Services, or any other matters related to Geocaster, you can contact us using the following information:
   
   Email: taylor.t.mahony+support@gmail.com
   
   Mailing Address: Cast’r Inc, 2597 NW Crossing Dr. Bend Oregon 97703
   
   Support Website: www.geocaster.co
   
   We strive to respond to all inquiries in a timely manner and will do our best to resolve any concerns you may have regarding your use of Geocaster.
   
2. Legal Notices All legal notices to Geocaster should be sent to the address listed above, marked to the attention of “Legal Department.” We reserve the right to respond to legal notices at our discretion, and we may require that legal notices be delivered in writing via certified or registered mail.
   
3. User Support For technical support, account-related questions, or issues with the Services, please contact our support team via the email or support page listed above. We offer support during regular business hours and will do our best to assist you with any problems or concerns.