ProximityCast.com Terms of Service

By using ProximityCast.com’s internet based online Location Technology Service application you agree to be bound by these terms of service. If you do not agree to be bound by these Terms of Service otherwise referred to as the TOS you are not authorized to use ProximityCast.com. Please read the Terms of Service carefully. Your access and use of ProximityCast.com signifies your acceptance of all the provisions of these Terms of Service and other such guidelines and policies found on ProximityCast.com. If you are not willing to be bound by these Terms of Service, you should not access or utilize ProximityCast.com.

NOTE: The ProximityCast.com Terms of Service are subject to change without notice and users are advised to review them from time to time to remain current.

Description of ProximityCast.com :

ProximityCast.com is an online Location Technology Service application designed to make GPS (Global Positioning System) technology useful and practical for the average person on the street. ProximityCast.com provides users with the ability to locate business establishments of the category they may desire that are closest to their CIP (Cast Initiation Point). Once the closest establishments contained in the ProximityCast.com database are returned the user can view an image of each establishment, read existing reviews about each establishment, and be provided with the waypoint from which the picture of each establishment was taken all before arrival providing a déjà vu experience that enhances decision making.

DISCLAIMER

ProximityCast.com is meant to be a fun, entertaining, and useful site. ProximityCast.com relies on the participation of others to make the site functional and useful. Occasionally humans make mistakes e.g. transposition errors common in the surveying field. While every effort is made to provide good sound data there is no iron clad guarantee that the data is sound; therefore ProximityCast.com should not be counted on in situations where there is no room for error. In no case will ProximityCast.com be held liable or responsible for any inconvenience, loss, hardship, harm, or calamity resulting from using this site. Each individual and user should always exercise due diligence in all that they do! By using this site, you agree to hold ProximityCast.com harmless.

Warranty as to Functionality

ProximityCast.com is provided as is with no warranties expressed or implied as to functionality or usefulness for any purpose. While every effort, as available resources and time permit, to make and keep ProximityCast.com as a state of the art Location Technology Service there is no guarantee that ProximityCast.com will meet your expectations or needs. ProximityCast.com’s development has been bootstrapped thus far and as such the continual growth and development of ProximityCast.com will be determined by the resources that enable such growth and development to happen become available. ProximityCast.com will upgrade services such as bandwidth availability, language functionality, and mobile device friendliness as need arrives and resources are acquired.

ProximityCast.com can be considered similar to the invention of the television in that first we had black and white TVs only, and then color TVs came along. For years we had to get up off the couch to change the channel then remote controls came along and finally high definition state of the art flat panel television has arrived.

ProximityCast.com is designed to thrive off of user participation and business establishment involvement. As users and potential users are turned on to ProximityCast.com and participate in the ProximityCast.com community providing establishment images and their waypoints, contribute reviews, participate in the flagging of obsolete and inaccurate data ProximityCast.com will grow into a more useful and dynamic site for all of us. Likewise as business establishments become involved through the annual membership program the users will have access to more complete data such as hours of operation, specials of the day, cyber tours, links to an establishments own website and other benefits as they become available.

ProximityCast.com is designed to be a global site useful world wide. As such the goal is to become a multilingual site. ProximityCast.com’s primary language is English. As such notices and other information to ProximityCast.com should be delivered in English. Anyone anywhere in the world with internet access can participate and contribute images to ProximityCast.com it is important to see the privacy policy and understand that ProximityCast.com cooperates with law enforcement agencies and other lawful agencies of the geographic location in which they reside. Where there is a conflict of laws ProximityCast.com will abide by its hosting countries laws. It is ProximityCast.com’s intention to be a good global citizen respecting the cultural differences among us. As such as awareness of indiscretions are brought to light ProximityCast.com will attempt to resolve the issue in the manner that best maintains ProximityCast.com standing as a good global citizen that tries to show respect to all the world’s citizens.

While ProximityCast.com is primarily English language based at this time a picture speaks for itself in all languages adding functionality for other language users. Also, ProximityCast.com strives to keep its categories in a wikipedia friendly format so that on the Establishment details page a user can click on a category assigned to the chosen establishment and bring up a wikipedia page that talks a the category. Wikipedia has links to other languages so that users unfamiliar with the English language can read about the selected category in their own language if available. ProximityCast.com encourages support of the Wikipedia free online encyclopedia project.

The main product ProximityCast.com offers is three fold:

1. A picture of business establishment, so that you may see what the place looks like before you arrive.
2. Latitude and Longitude waypoint coordinates of the location the picture was taken, so that you may easily know when you should be able to see the establishment portrayed in the picture.
3. A means to ProximityCast for the closest establishments contained in the ProximityCast.com database meeting your desired category constraints.

This service is offered free of charge to all users registered or not. Beyond the main product ProximityCast intends to offer site enhancing benefits such as the ability to review establishments, the ability to flag obsolete data, inaccurate data, and inappropriate images. The ability for Establishment owners and authorized managers to take control and set a trump image to display first whenever their establishment is produced in a cast. The ability to make sure their establishment is properly categorized, the ability to relay to users additional useful information not covered by the main product. Site enhancing benefits may be offered free or for a charge determined to protect the quality of the site enhancing benefits. ProximityCast.com may adjust its policies at anytime to further improve the ProximityCast.com experience.

Specific Terms of Service

Eligibility.

ProximityCast.com users must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of ProximityCast.com or use the ProximityCast.com site and ProximityCast.com services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the ProximityCast.com service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the ProximityCast.com site. Registration with ProximityCast.com is void where prohibited by applicable law, and the right to access the ProximityCast.com site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act(COPPA). By using the ProximityCast.com site and services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The ProximityCast.com website is administered in the US however it is designed to be useful worldwide. All use of ProximityCast.com is at the user's own risk regardless of were it is used geographically and users are responsible for compliance with any local laws applicable to their use of the service or the website.

Changes to the TOS or ProximityCast.com website.

You acknowledge, understand and agree that the ProximityCast.com Terms of Service, the ProximityCast.com website and all provided ProximityCast.com services may be modified by ProximityCast.com at any time without prior notice, and such modifications will be effective upon ProximityCast.com posting of the new terms and/or upon implementation of the new changes on the ProximityCast.com website. You agree to review the ProximityCast.com Terms of Service periodically so that you are aware of any modifications. Your continued use of the ProximityCast.com website after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by ProximityCast.com, any new features, new services, enhancements or modifications to the ProximityCast.com website implemented after your initial access to the ProximityCast.com website shall be subject to these Terms of Service. ProximityCast.com is a complex web application and as such some features not yet activated may be present. ProximityCast.com is offered as is without obligation to make any feature actually functional.

Changes Registration and Security.

Registered users have access to more utility and features on ProximityCast.com and are able to participate in ways that make the ProximityCast.com experience better for all users such as ability to flag establishments as Out of Business, submit reviews and pictures of establishments etc. Registration is not required to use ProximityCast.com’s basic features; however registration does allow a more complete involvement in the ProximityCast.com community. Registered users may have access to features not available to those who are not registered or not logged in. Users are required to register to partake in the more complete ProximityCast.com experience. Registration involves selecting a password and username and providing a valid email address and other information. Please read the ProximityCast.com privacy policy to know how ProximityCast.com uses collected information. If you register, you agree to provide ProximityCast.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the ProximityCast.com Terms of Service and may result in termination of your account. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. All ProximityCast.com usernames are unique and can not be duplicated exactly. During registration if you select a username that is already acquired you may try variations on the name or select another name. Usernames are provided on a first come, first serve bases. ProximityCast.com reserves the right to refuse registration of, or cancel any username at its discretion. Usernames should be in good taste and not offend the sensibilities of the community. Registered users are responsible for maintaining the confidentiality of their passwords and are fully responsible for all activities that occur under their chosen username and password. Your registered username and password is for your access to ProximityCast.com added features, benefits, and privileges and shall be for your personal use only. You agree to not loan your username and password to anyone and to immediately notify admin@ ProximityCast.com of any unauthorized use of your username and password. It is also your responsibility to exit from your account at the end of each session by logging out and when using public computers it is a good practice to close all browsers completely before leaving the computer for others to use.

Use of ProximityCast.com.

ProximityCast.com does not control the content posted by third parties via the ProximityCast.com website and does not guarantee the accuracy, integrity or quality of such content. ProximityCast.com is designed to involve community participation. Registered users can flag inaccurate locations and establishments that go out of business or move thus improving the quality of the ProximityCast.com experience for all. There is no obligation to participate and users that do participate should strive to be accurate when completing such tasks. Registered users who habitually provide erroneous information may be blocked from participating in such tasks. Additionally by using ProximityCast.com you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Under no circumstances will ProximityCast.com be liable in any way for any content, including any errors or omissions in any content, features not yet implemented or no longer provided, or any loss or damage of any kind incurred as a result of your use of ProximityCast.com and the content and services it provides. In the case of content that you find is either, offensive, indecent, inaccurate, misleading, or otherwise objectionable registered users may utilize any working features in place to handle such events such as flagging an Inappropriate Picture and are encouraged to do so if they see the need. In the event that you are not a registered user or online features have not been implemented to deal with such situations you may contact ombudsman@ProximityCast.com with the information that you consider offensive, indecent, or objectionable. You should include specific information indicating where to access the questionable material on the site such as the Cast Initiation Point and category used that brought you to the content in question. See the ProximityCast.com privacy policy for potential means with which ProximityCast.com may deal with the content in question. Registered users are responsible for complying with all applicable laws concerning any content they may submit to ProximityCast.com. All users of ProximityCast.com acknowledge and agree that it is their responsibility alone to evaluate content found on ProximityCast.com and they bear all risks associated with the use of any content, including any reliance on the content, the integrity of the content, and accuracy of any and all content found on ProximityCast.com.

Restrictions:

You may not:

• Create more than one user account per individual user.
• Create user accounts by automated means or under false or fraudulent pretenses.
• Use ProximityCast.com to intentionally or unintentionally violate any applicable local, state, national or international law.

Conclusion:

This Agreement is accepted upon your use of the ProximityCast.com Website or any of the ProximityCast.com Services and is further affirmed by you utilizing ProximityCast.com. This Agreement constitutes the entire agreement between you and ProximityCast.com regarding the use of the ProximityCast.com Services. The failure of ProximityCast.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ProximityCast is a registered trademark of the founder of ProximityCast.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.