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Terms & Conditions

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Welcome to CaveQuest mobile application. This mobile application (“App”) is provided by CaveQuest as a service to our customers. The App shall mean the software provided by CaveQuest to offer services and information of general interests to its customers, such as products, program, pricing, marketing and other valuable information and contents such as data, text, images, photographs, graphics, designs, icons, video clips, programs, messages or other materials (“Contents”), to be used on Apple iOS and Android Operating Systems and any upgrades from time to time and any other software or documentation which enables the use of the App.

By using and/or installing this App, you agree to follow and be bound by the following Terms and Conditions (“Agreement”) concerning your use of the App and all applicable laws. Please review them carefully before installation and/or acceptance. This Agreement affects your legal rights and obligations. If you do not agree with the terms and conditions in this Agreement, you are not authorized to install and/or use the App for any purpose.

CaveQuest reserves the right to modify the Agreement at any time without prior notice. Your continued use of the App following any such modification constitutes your unconditional agreement to follow and be bound by the Agreement, as modified.

  1. DATA PROTECTION

    Any personal information you supply to CaveQuest when using the App will be used by CaveQuest in accordance to its Privacy Policy.

  2. WWW.CAVEQUEST.NET

    The App allows you to access certain functionality available on the CaveQuest website. Such access will be governed by the CaveQuest website Terms of Use.

  3. INTELLECTUAL PROPERTY

    Unless otherwise noted, any and all trademark, copyright, database rights and other intellectual property rights of any nature in the App together with the underlying software code are protected by United States and international copyright, trademark and other laws, and belongs to CaveQuest, or its partners, contributors, or third parties. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this App is the exclusive property of CaveQuest and is also protected by U.S. and international copyright laws. In addition, the names, images, pictures, logos and icons identifying CaveQuest’s products and services are proprietary marks of CaveQuest. All other marks are the property of their respective companies. Except as expressly provided below, access to this App does not confer and shall not be considered as conferring upon anyone any license or right, by implication, estoppels or otherwise, under any of CaveQuest’s or any third party’s copyright, trademark or other intellectual property rights.

  4. LICENSE AND APP ACCESS

    CaveQuest grants you a personal, non-exclusive, non-transferable, limited license to use the App and the Contents, and to download, copy, print and/or store insignificant portions of the Contents retrieved from this App provided, however, that you (a) use only for your own personal, non-commercial purposes; (b) do not attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App, or (c) create derivative works of the App of any kind whatsoever from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the App or any related software, without the express written permission of CaveQuest. No right, title or interest in any downloaded Contents, materials or software is transferred to you as a result of this license. CaveQuest reserves complete title and full intellectual property rights in any Contents you download from the App, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.

    You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

  5. SYSTEM AVAILABILITY

    This App is available to handheld devices running Apple iOS and Android Operating Systems . CaveQuest will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside of CaveQuest’s reasonable control. CaveQuest do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable. CaveQuest will not be responsible for any support or maintenance for the App.

  6. SYSTEM REQUIREMENTS

    You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications for software requirements in order to use the App. The software requirements are as follows: Apple iOS devices running iOS 7. The version of the App software may be upgraded from time to time to add support for new functions and services.

  7. YOUR ACCOUNT

    If you use this App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your App, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the App only with involvement of a parent or guardian. CaveQuest reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

  8. DISCLAIMERS

    1. Third Party Websites and Apps

      References on this App to any names, marks, products or services of third parties or hypertext links to third party websites, apps or information are provided solely as a convenience to you and do not in any way constitute or imply CaveQuest’s endorsement, sponsorship or recommendation of the third party, information, product or service, unless expressly stated on the App. CaveQuest is not responsible for the (a) content or accuracy of, (b) technology implemented by, or (c) privacy practices of third party websites and apps and all use is at your own risk. You should review the terms and conditions of use and privacy policy for each third party websites and apps and confirm they are acceptable prior to the use of their websites and apps.

    2. CaveQuest Services and Programs

      CaveQuest may make changes and/or improvements in the scope of services and/or the programs described or offered through the App at any time without notice. Furthermore, certain services and/or programs may not be available in your location. References to those services and/or programs do not imply that CaveQuest intends to offer them in your location. CaveQuest controls and operates the App from the USA and makes no representation that the App is appropriate or available for use in all locations. Restrictions may apply, please see store for details.

    3. Service Information

      While CaveQuest strives to provide accurate service information on the App, pricing or typographical errors may occur. Information on the App about services is provided by CaveQuest “AS IS”, and CaveQuest does not warrant that descriptions or other content of this App is accurate, complete, reliable, current or error-free. If you rely on that information, you do so at your own risk.

    4. Promotional Offers

      From time to time, the App may provide information about promotional offers that CaveQuest sponsors, alone or in connection with others. It is not always possible to include all the details concerning such promotional programs on the App. Promotional offers are subject to local law and are void where prohibited.

    5. International Use

      CaveQuest makes no representation that the Contents are applicable or appropriate for use outside the USA. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.

  9. RIGHT TO CHANGE APP AND THESE TERMS AND CONDITIONS

    CaveQuest, acting in its sole discretion, may amend or withdraw the App, or charge for the App or service provided to you in accordance to these Terms & Conditions, including any and all of the Contents at any time and for any reason, without giving you notice. Continued use of this App following any change constitutes your acceptance of the change. Upon termination of the App, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.

  10. TERMINATION

    CaveQuest, acting in its sole discretion, without notice, may terminate this Agreement at any time and may deny and/or terminate any person access to, or use of, all or part of the App, including any or all of the Contents. You may terminate this Agreement at any time, provided that you discontinue any further use of this App. Upon any termination of the Agreement by either you or CaveQuest, you must promptly destroy all materials downloaded or otherwise obtained from this App, as well as all copies of such materials, whether made under the Terms & Conditions or otherwise.

  11. DISCLAIMER OF WARRANTIES

    THIS APP IS PROVIDED BY CAVEQUEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAVEQUEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENTS, MATERIALS, OR SERVICES INCLUDED ON THIS APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAVEQUEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE APP, THE SERVICE, THE CONTENTS, OR THE SERVICES. CAVEQUEST DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR THE SERVICE WILL BE CORRECTED. CAVEQUEST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS, OR THAT ANY ERRORS IN THE CONTENTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

  12. LIMITATION OF LIABILITY

    Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall CaveQuest and any of its employee, director, officer, subcontractor, agent, vendor, supplier, successor or assign be liable to you or to any other person for any direct, indirect, special, incidental, consequential, special, punitive, exemplary, or other damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, arising out of or in connection with (a) the use of or inability to use the App, the service and/or the contents; (b) any claim attributable to errors, omissions, or other inaccuracies in the App, the service and/or the contents; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the App or the service; (e) or any other matter relating to the App, the service, or the contents, even if CaveQuest has been advised of the possibility of such damages. If you are dissatisfied with the App, the contents, the service, or the agreement, your sole and exclusive remedy is to discontinue using the App. You acknowledge by your use of the App that your use of the App is at your own risk. Because some jurisdictions do not allow the exclusion or limitation for damages, some of the above limitations may not apply to you. In such jurisdictions, CaveQuest’s liability is limited and warranties are excluded to the greatest extent permitted by law, but CaveQuest’s liability, in no event, shall exceed $100.00 USD (one hundred dollars).

  13. INDEMNIFICATION

    You understand and agree that you are personally responsible for your behavior on the App. You agree to defend, indemnify and hold harmless CaveQuest, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the service from and against any and all claims, losses, damages, costs and expenses (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, arising from or related in any way to your use, misuse, or inability to use the App or the Contents, or any violation by you of this Agreement.

  14. PRIVACY

    CaveQuest considers protecting your personal data to be important, and has developed a Privacy Policy describing data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

  15. CONSENT TO EMAIL COMMUNICATION

    When you use the App or send an email to CaveQuest, you are communicating with CaveQuest electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the App. Any communication or other information sent to CaveQuest via email or otherwise in connection with your use of this App, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by CaveQuest for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to CaveQuest.

  16. USER SUPPLIED INFORMATION

    CaveQuest may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the App (collectively, “submit”), including but not limited to, messages, text, files, graphics, photos, illustrations, personal stories, reviews, comments, feedback, suggestions, ideas, sounds, music, videos, information, content, or other materials (“User Content”). All User Content submitted to CaveQuest on or by this App or otherwise disclosed, submitted or offered in connection with your use of this App shall be and remain CaveQuest’s property. By disclosing, submitting or posting any User Content to the App, you automatically grant CaveQuest the royalty-free, irrevocable, perpetual, worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. CaveQuest will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. CaveQuest will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose, in any manner, in whole or in part, without restriction or responsibilities to you. CaveQuest has the right, but not the obligation, to screen User Content submitted or posted to the App by third parties, and to remove or edit any such materials for any reason and without notice.

    CaveQuest is and shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay to user any compensation for any User Content; or (c) to respond to any User Content. If you submit any User Content to the App, you guarantee that you have the legal right to submit such User Content and that any User Content submitted by you to the App will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the App will be or contain materials that (i) are defamatory, abusive or obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (ii) encourage unlawful, tortuous, or unsafe conduct; (iii) advertise goods or services; (iv) solicit funds; (v) advocate for any political candidate or position; or (vi) are chain letters, mass mailings or any form of “spam”.

  17. GENERAL

    1. Entire Agreement/ No Waiver

      This Agreement constitutes the complete and entire agreement between the parties and supersedes all prior agreements and representations between them. The failure of CaveQuest to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit CaveQuest’s rights with respect to such breach or any subsequent breaches.

    2. Correction of Errors and Inaccuracies

      The Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. CaveQuest therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Contents at any time without prior notice. CaveQuest does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

    3. Enforcement; Choice of Law

      If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, it will not affect any other provision of the Agreement, all of which will remain in full force and effect. This Agreement shall be governed by and construed under California law, USA, without any regard to any conflict-of-laws provisions. Any action or proceeding arising out of or related to this Agreement or your use of this App must be brought in the state or federal courts of California, and jurisdiction therefore shall rest solely in California, USA. In the event of any action, suit, or proceeding arising from or based upon your use of this App, brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.