Terms of Service
EroticAudio.com Terms of Service ("Agreement")
This Agreement was last modified on January 01, 2012.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://www.eroticaudio.com ("the Site") operated by EroticAudio.com ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.eroticaudio.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its content, features and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The membership only grants you a license to use the content for your personal use. You may not share the content without our written consent. We will provide one access right to access the site and its contents for which you are purchasing membership.
Approval of Adult Content
This Site contains age-restricted materials. If Subscriber is under the age of 18 years, or under the age of majority in the location from where accessing this Site, Subscriber does not have authorization or permission to enter or access any of its materials. If Subscriber is over the age of 18 years or over the age of majority in the location from where accessing this site by entering the website you hereby agree to comply with these terms and conditions. You also certify that you are not offended by sexually explicit material.
We use third-party billing solution, which means that we do not store any of your financial data.
In accordance with the terms and conditions of the Site subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes us and our billing provider to charge subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes us to charge subscriber's chosen payment method for any and all additional purchases of materials provided on the site.
Your subscription is paid in advance for the granted time period. If you choose to cancel, you will not be charged again, but will continue to have access to the site until your subscription expires. This does not mean that we will refund what has already been charged. In order to cancel, just click "Cancel Subscription" on the payment history page. You can also cancel the payment through the payment service. If you paid with PayPal and want to cancel, you need to cancel the pre-approved payment for EroticAudio.com (see PayPal site for step-by-step instructions. Please contact us if you need more help or PayPal moves this page.)
Refunds for purchases or recurring charges may be requested by submitting a ticket in the helpdesk. Cancellation for all future recurring billing may be requested in accordance with the Cancellation paragraph above. We reserves the right to grant a refund or a credit applicable to purchases to the Site at our discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by us our billing entity for any reason, it will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another payment mechanism. Due to the nature of the download upgrade, we can not issue refunds for the download upgrade. As we do not limit the amount of files you can download, we are unable to provide you with any type of refund. We reserve the right to reject any request for a refund, so please explain your reason for a refund clearly.
Authorization of Use
Subscribers to the Site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by the website. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. Our billing provider and the Site reserve the right to terminate this access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site. You also agree to pay damages for costs incurred by the breach of terms.
Access to the Site is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. We will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement. Subscribers acknowledge that the owner of the Site may track through the use of special software each Subscriber's entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify us. Subscriber will remain liable for unauthorized use of service until the site is notified of the security breach by e-mail or telephone and have had appropriate time to respond to such requests.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You also then loose the license to use the material from the site.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by us.
We grant you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
Limitation Of Liability
In no event shall we, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.
We strive to provide daily or frequent updates to our premium members. If you encounter problems accessing the daily or frequent updates, please contact the helpdesk. If we are not able to provide more content for a specific day, please rest assured that once content becomes available for that day of content, you will be granted access as long as you remain a member. You agree that not being able to access the daily updates or lack of frequent updates is not a ground for a refund. This may be due to, but not limited to, that we rely on user submissions to fill our content pipeline or that audio production takes longer than anticipated.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We, our subsidiaries, affiliates, and this license do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
USER UNDERSTANDS THAT EROTICAUDIO.COM CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. EROTICAUDIO.COM DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR SUBSCRIBER USE OF THE INTERNET.
USERS USE OF THE SITE IS AT THEIR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. OUR AUDIO FILES ARE GENERATED USING HUMAN-LIKE VOICES, IN OTHER WORDS COMPUTER GENERATED VOICES. THE USER AGREES THAT THIS IS NOT A GROUNDS FOR A REFUND. WE OFFER FREE TRIAL SO THAT YOU MAY TRY OUR SERVICES BEFORE YOU BUY. YOU MAY OF COURSE CANCEL AND ALL FUTURE BILLING WILL BE HALTED. THE USER, AND NOT EROTICAUDIO.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT SUBSCRIBER USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF SUBSCRIBER CHOOSES TO ACCESS THE SITE, SUBSCRIBER DO SO ON SUBSCRIBER OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
"OPT-IN AND USER COMMUNICATION" - Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no") or other links. By selecting or clicking the "accept", "yes" or any link, the subscriber indicates that the subscriber "OPTS-IN" to that offer and thereby agrees and assents that the subscriber's personal information, including its email address and data may be used for that matter or disclosed to third-parties."
"OPT-OUT AND USER COMMUNICATION" - Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, other offers may be presented to the subscriber via email campaigns or other means of communications with a pre-selected preference or choice. Each email contains the option to opt-out of any future communication. If the subscriber does not deselect the pre-selected preference of choice (i.e. "OPT-OUT" of the offer) then the site may transfer the subscriber's personal profile information to the third-party service or content provider making the offer. If the subscriber deselects the pre-selected preference then no personal information about the subscriber may be disclosed to any third-party service or content provider.