By accessing the Eros Guide and affiliated Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.
10.1 Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. § 230(d), You are hereby informed that You can research such services at websites such as: http://www.getwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Website or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by Your children or wards.
10.2 Section 230 Immunity: Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. In the event that any court finds that any third party communication or third party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/online_services/complaints/consumercomplaint.shtml.
You acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Websites shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Websites for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages posted to the Websites can and may be read by the operators of the Site, and other Users or advertisers, whether or not they are the intended recipient(s).
"EROS," "EROS-GUIDE" and "MYEROSGUIDE" are trademarks and/or service marks of Group Kaitu, LLC and are licensed exclusively to Darkside Productions, Inc. No use of these marks shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
All materials included on the Websites are for the private, personal and recreational use by authorized Users only. No other uses are intended by the Company and any other use is strictly prohibited by the Company and will constitute a violation of its limited license and authorization of use.
We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Websites, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Websites and demographics in forms that do not reveal Your personal identity. We do not collect, sell, trade, or give away any personal information in any way. Our site may set cookies on your computer to facilitate your navigation while on our site. These cookies are never used for any other purpose. Our sites may contain links to other sites. We are not responsible for the privacy practices, content or lawfulness of the linking sites.
Your agreeing to these Terms and Conditions includes providing us permission to utilize your email address as a means to contact you when we have special offers or other information to provide you. Such information may include, without limitation, new services offered by us, information relating to your account and other information related to your subscription to the Site. We may send you emails prior to and after you have terminated your membership to our service until such time as you advise us, in accordance with our policies, that you no longer wish to receive email from us. If you no longer wish to receive emails from us please respond as such pursuant to the instructions on the email you receive. You agree that any such e-mails do not constitute SPAM as that term is defined in the federal CAN-SPAM Act.
The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide any kind of service to Users, or to post information at, in or on the Websites. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Websites.
17.1 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Users who are authorized to access the Websites and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Websites can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
18.1 All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at comments@eros-guide.com.
This Agreement contains the entire agreement between the authorized User and Company regarding use of the Websites, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In case of any litigation regarding this Agreement, You agree that the venue for such litigation shall be, depending on the subject matter of the dispute, either in the California State Courts or the federal District Court whose venue includes San Francisco, California. You hereby consent and stipulate to the jurisdiction of said State Court and/or Federal District Court.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
22.1 Registration
You are responsible for providing all equipment, bandwidth, and the computer programs/software necessary to access My Eros Guide. You may become a member of the MYEROSGUIDE.com by completing an online registration form. Upon submission of the online registration form, the Company or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Darkside of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for MYEROSGUIDE.COM. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of MYEROSGUIDE.com.
22.2 Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to MYEROSGUIDE.com. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to MYEROSGUIDE.com to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify the Company of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of MYEROSGUIDE.com until you notify us by email regarding that unauthorized use. Unauthorized access to MYEROSGUIDE.com is illegal and a breach of this Agreement.
22.3 Fees
You agree to pay all membership fees when due according to the billing terms. The Company posts the current membership fees for the Websites as part of the registration process. We reserve the right to change any the membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Payment for the membership fees provided to you at, and/or through Websites may be made by automatic debit to your payment account and you hereby authorize the Company, and its agents or its contracted third party payment processors to transact such payments on your behalf in the medium that is the normal course of business between you and the Company. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing us for all credit card charge backs, dishonored checks, reversed payments and any related charges. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of our goods or services, including subscriptions or membership fees.
22.4 Automatic Recurring Billing (If Selected By You On The Sign Up Page)
Membership fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber prior to the end of their current membership term. Subscriber must notify the Company (or its contracted third party payment and customer service provider) directly 24 hours prior to the end of the trial/special offer period in order to cancel automatic renewal. All trial/special offer memberships shall renew at the stated membership rate.
Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes the Company (or its contracted third party payment and customer service provider) to charge subscriber's chosen payment method to pay for the ongoing cost of membership.
22.5 Electronic Receipt
Subscribers will receive an email receipt to their email provided upon initial subscription. Subscriber may, at any time, request a copy of the account of charges made for the life of their membership to MYEROSGUIDE.com. You forego this right if such request is not made. Requests must be made directly to the Company (or its contracted third party payment and/or customer service provider).
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
22.6 Refund Policy
When the member requests the termination, subscription fees are NOT refundable.
The billing system used by the Company or our authorized agents and contractors provides extensive credit card fraud protection measures and our site includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment. Should a refund be issued by the Company (or its contracted third party payment and customer service provider), all refunds will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another credit card or payment mechanism.
22.7 Contact
Payment processing may be provided in conjunction with BBH Media Ltd for most European Customers. BBH Media Ltd may be contacted at: Harley Street 29, Suite B London W1G9QR.
Darkside Productions Inc may be contacted at 7413 Six Forks Rd, #357, Raleigh NC 27615.
You may cancel your membership at any time through the link provided on MYEROSGUIDE.com. Otherwise you may cancel your membership by providing: (a) our customer service department (or its contracted third party payment and customer service provider), with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for the membership fees. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the Websites.
Darkside may terminate your access to MYEROSGUIDE.com at any time, with or without advance notice, if: (a) We believe that you have breached any material term of these Terms and Conditions, (b) if You fail to pay any amount due by the payment due date; or (c) we decide to cease operations or to otherwise discontinue the MYEROSGUIDE.com site. Further, you agree that neither the Company nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Websites. You agree that if your account is terminated by us, You will not attempt to re-register as a member without prior written consent from us .
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS, OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
24.1 All depictions of all persons on Our Website are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of Our Materials.TO TOP
24.2 If You seek any form of child pornography (including so-called “virtual” child pornography), You must exit this Website immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as child pornography. Consistent with federal law, We will cooperate with law enforcement authorities and will notify such authorities if it is suspected that You are engaged in any such illegal activities.
24.3 In order to further Our zero-tolerance policy, You agree to report any images that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by contacting us at: comments@eros-guide.com.
24.4 Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
24.5 We willingly and actively cooperate with any law enforcement agency investigating child pornography and related activity. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to http://www.asacp.org.