Eloros terms of agreement:
Effective Date: 1/14/2019
Welcome! We are Eloros LLC., a small company in Golden, Co. Our mission is to get folks outside, using their brains, in collaboration with others while enabling discovery, exploration and adventure.
- This Agreement
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
This agreement applies to all contests, publications, content, marketing material, or web site material produced by Eloros LLC.
- Minors. Our services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 13, you are not permitted to use our services. If you are under the age of 18 but at least 13, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
- Contact Information. For more information about our company and how to contact us, visit our contact us page.
- Use of Our Services
- Inherent Risks. Finding hidden treasure can be risky. When seeking for one of our prizes, you risk property damage, bodily injury or death. There are many variables that must be considered prior to seeking for our hidden treasure. You should always be aware to your own levels of fitness, the terrain features around where you are searching, weather, and you and your groups outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution. YOU ASSUME ALL RISKS ASSOCIATED WITH SEEKING FOR ANY TREASURE ASSOCIATED WITH ELOROS LLC. IN ADDITION, YOU AGREE TO RELEASE AND HOLD HARMLESS ELOROS LLC, LANDOWNERS ON WHOSE PROPERTY OUR PRIZES ARE HIDDEN, AND COMMUNITY MEMBERS OF OUR SERVICE FROM ANY LIABILITY FOR INJURY OR LOSS SUFFERED BY YOU THROUGH THE USE OF OUR SERVICES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- License. Subject to your compliance with this Agreement, Eloros LLC hereby grants you a limited, non-exclusive, non-transferable, fully revocable license to view and use our services for your own personal, non-commercial purposes in accordance with this Agreement and any guidelines or policies posted on our websites or applications.
Additionally, you may access and use our services via the authorized application of one of our official API partners.
- Restrictions. Permission to use our services is subject to the following restrictions. Whether these restrictions have been violated shall be determined in our sole discretion. You agree not to:
- Use any robot, spider, scraper or other automated means to access our services for any purpose without our express written permission.
- Frame our websites or any portion of our sites on another website or mobile application without our written permission.
- Use our services for any purpose other than your personal use without our written permission.
- Take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
- Abuse or exploit bugs, undocumented features, design errors or problems in our services.
- Interfere or attempt to interfere with the proper working of our services or any activities conducted on through our services or other measures we may use to prevent or restrict access to our services.
- Upload, post, transmit or otherwise distribute (including by emailing us) any content that threatens or attacks others on the basis of race, ethnicity, national origin, sexual orientation, gender, religion, age, disability or disease; is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profanity, obscene, libelous, invasive of another's privacy, hateful, embarrassing, harmful to minors; 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.
- Upload, post, transmit or otherwise distribute any content that you do not have a right to under any law or under contractual or fiduciary relationship or for which you have not obtained required consent from third parties.
- 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, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation.
- Upload, post, transmit or otherwise distribute any content that contains viruses or any other computer code, files or programs which interrupt, destroy, limit the functionality of, or cause damage to our services or any computer software or hardware or telecommunications equipment.
- 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.
- Interfere with or disrupt our services or servers or networks connected to the services, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the services.
- Reverse engineer, decompile, or attempt to extract the source code of the software associated with our services.
- Violate any applicable local, state, national or international law.
- Violate any of the guidelines or policies associated with our services.
- Interfere with the ability of others to enjoy our services.
- Stalk, harass, or otherwise harm another user of our services, Eloros LLC employee or third party.
- Collect, store or distribute personal data about other users of our services.
- Promote, distribute or provide instructional information about illegal activities
- Promote physical harm or injury against any group or individual or property damage.
- Publish on our websites the solutions, hints, spoilers, or any hidden coordinates for prize without Eloros LLC permission.
- Suspension and Termination. We may suspend or terminate your access to our services, including your account, at any time for any reason without notice and without liability. As an example, we may suspend or terminate your account if we suspect you or someone using your account has violated the terms of this Agreement or any other terms, guidelines or policies associated with our services or are otherwise not being a good member of the geocaching community. Any suspension or termination of your account for these reasons applies to you personally; you may not access our services through any other account that you own or create or through accounts owned or created by others. We also reserve the right to terminate or suspend user accounts that are inactive for an extended period of time. You can stop using our services and terminate this Agreement at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Changes to Our Services. Eloros LLC may change, suspend, or discontinue any portion of our services at any time, including but not limited to any feature, database, application, or content. Eloros LLC may also impose limits on certain features offered through our services with or without notice. Our 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.
- Eloros LLC Services. Our services are the property of Eloros LLC or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Do not copy or download any of the content available through our services (except your own) unless we have expressly authorized you to do so.
- No Warranties
OUR SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES OR CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING WITH REGARD TO THEIR AVAILABILITY, RELIABILITY, FUNCTIONALITY, ACCURACY OR TRUTHFULNESS, OR LACK OF VIRUSES OR ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, REGARDING OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AVAILABILITY AND LACK OF NEGLIGENCE.
- Limitation of Damages
REGARDLESS OF THE FORM OR CAUSE OF ACTION OF THE ALLEGED BASIS OF THE CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ELOROS LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, REVENUES OR DATA ARISING FROM THIS AGREEMENT OR YOUR USE OF OUR SERVICES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ELOROS LLC TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT OR ARISING OUT OF OUR SERVICES, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR SERVICES OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON OUR SERVICES, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE ELOROS LLC FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
You agree to indemnify and hold ELOROS LLC its officers, employees, agents and community members harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys' fees) that ELOROS LLC may incur in connection with: (a) your breach of any of the terms of this Agreement; (b) your use of the services; or (c) your violation of applicable law.
- Changes to this Agreement
We may make changes to this Agreement from time to time. Unless we make the change for legal or administrative reasons, or to correct an inaccuracy, we will provide you with notice of the revised Agreement, typically by updating the effective date at the top of the Agreement. By continuing to use our services, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, you should stop using our services. Changes will not apply retroactively. If we provide notice of changes via email, you consent to receiving email notice of such changes.
- General Terms (Severability, Waiver, Entire Agreement)
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, ELOROS LLC and you agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described in this Agreement will be given effect to the fullest extent possible. ELOROS LLC failure to act with respect to a breach by you or others does not constitute a waiver of ELOROS LLC right to enforce its rights with respect to later or similar breaches. This Agreement, 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.
Rules of use for searching for ELOROS LLC prize(s)
Obey local laws
All local laws and land management policies apply. This refers to both the finding of a prize and the journey required to reach it. Our prizes will not be placed in a location that requires or encourages users to trespass or pass markers into private land or property that prohibits access.
By signing up to find a prize, you agree that you have all necessary permissions from the landowner or land manager to search on the land you believe the prize is located. Because all prizes are to be hidden on, “public land” as defined in this “terms and conditions”, you must only access this land during times that is available to use and “open to the public”.
If we receive complaints or become aware that a user is in an inappropriate location, even if not prohibited by law, that user may be banned from the contest and all future contests at the sole discretion of Eloros LLC.
Our prizes will be accessible.
The prizes will be in an area that does not need special equipment to access or engages in technical climbing, rappelling, swimming, or fording to access. You can walk or utilize light scrambling (class 2 or 3) but no ropes or harnesses will be needed.
You may need to walk, hike, or trek unknown distances to find the prizes.
Prizes may not be visible from major roads, trails, thoroughfares, or public areas. They will probably be in a remote, less visited area.
Prizes will be available during operating hours of the places where they are located. If an area is closed then you may not access the location until it is open.
None of the prizes will be buried. You will not need any tools to access the prizes. They may not be in plain sight but you do not need anything (besides your eyes and brain) to find the prize.
Do not damage, deface, or destroy public or private property, especially archaeological or historical sites, when you are searching for a prize.
Do not harm plant or animal life when you are searching for a prize. Eloros LLC will not place prizes in a location that requires or encourages hunters to harm plant or animal life. In some areas, prize hunting activity may need to cease for portions of the year due to sensitivity of some species.
Eloros LLC will not hide treasure in restricted, prohibited, or otherwise inappropriate locations. Some areas have additional regulations and laws that further restrict searching for prizes.
Eloros LLC is a proponent of leave no trace ethos. Furthermore, we believe you should leave natural spaces better than you found them. If you see trash in the backcountry or on the trails, pick it up and pack it out.