Terms & Conditions of Use

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  1. Parties To This Agreement And Consideration
  2. User Verification
  3. User's Code Of Conduct
  4. Grant Of Limited License With Reservations
  5. Prohibited Areas
  6. Indemnification For Unauthorized Use Of Proprietary Materials
  7. Limited Grant Of License
  8. Company's Proprietary Rights To Content
  9. Limitations On Company's Liability
  10. Disclaimer Regarding Third Party Content/Limitation Of Liability
  11. Inappropriate Use Of Chat Or Public Areas
  12. Communications In Chat Room Or Public Areas Not Private
  13. Trademark And Service Mark
  14. Private Use Of Materials
  15. Disclosure And Other Communication
  16. Your Consent To Receive Email Communications From Us
  17. Liability Of Users For Information They Post
  18. Notices To Company Or Users
  19. Entire Agreement
  20. Venue And Jurisdiction
  21. Unenforceability Of Provisions

By accessing the Eros Guide and affiliated Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.

5. Prohibited Areas

All of the following areas constitute PROHIBITED AREAS from which no part of the Websites may be accessed, viewed, downloaded or otherwise received:

5.1. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and

5.2. All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Websites would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.
6. Indemnification For Unauthorized Use Of Proprietary Materials

You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Websites by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

7. Limited Grant Of License

Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable license to use view photos, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized use of the Websites which Company provides during the period in which You are a current User in good standing. You may use the Materials only in accordance with these terms and conditions of Use. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. This license does not grant You any rights to any software enhancements or updates of any kind. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.

8. Company's Proprietary Rights To Content

Except for public domain material or material otherwise licensed to or authorized for use by Company for electronic dissemination, all Materials displayed at or otherwise available through the Websites are proprietary, and, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Websites, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Websites are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Websites shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a User in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.

9. Limitations On Company's Liability

9.1 You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by Users or Advertisers through the Websites, or through any use, directly or indirectly, of the Websites. You further acknowledge and agree that the Websites does not screen any Users or Advertisers of the Websites, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of Users of the Websites, including any person who places Advertisements in the Websites; You further acknowledge and agree that the Websites does not endorse, encourage, recommend or arrange communications or meetings among Users of the Websites, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom you have communicated through the use of the public areas or chat areas of the Websites, or through advertisements posted on the Websites.

9.2 You agree that Materials and all other services provided to You by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Users or their suppliers, licensees, resellers or Users be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms. Trojan Horses or other destructive software or materials, or communications by You or other users of the Websites, or from any use of Materials or from any use of the Websites whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.

9.3 Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of viewing fee (if any) paid by or on behalf of the User to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.

9.4 Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Websites.

9.5 No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the Websites, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

9.6 You acknowledge that use of the Websites is at Your own risk. We do not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Websites or by a User of the Websites or any other person or entity.
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