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TERMS AND CONDITIONS OF USE
By accessing the Eros Guide and affiliated Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use. 10. Disclaimer Regarding Third Party Content/Limitation Of Liability10.1 You acknowledge that You understand that we are not responsible for, nor can we control, the use by others of any information which You provide to them through the Websites, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Websites; 11. Inappropriate Use Of Chat Or Public Areas Use Of Proprietary MaterialsIf the Websites enables Users to share information with other Users through the use of Chat rooms, Public Areas or other means of communication among Users, You agree and warrant that You shall not submit, publish, or display on the Websites any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Websites in violation of this agreement and warranty.11.1 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Websites by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Websites by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Websites which may be applicable from time to time. 12. Communications In Chat Room Or Public Areas Not PrivateYou further 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 entered into this Websites can and may be read by the operators of the Site, whether or not they are the intended recipient(s). 13. Trademark And Service Mark"EROS" and "EROS-GUIDE" are registered 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. 14. Private Use Of MaterialsAll materials included at the Websites are for the private 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. 15. Disclosure And Other CommunicationWe 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. 16. Your Consent To Receive Email Communications From UsYou hereby grant us the right, from time to time, at our discretion to send You commercial, advertising or informational emails at Your email address. You acknowledge that we may rely upon Your viewing of the Websites as Your permission to us to send You such emails. Furthermore, You grant us the right to continue to send You such emails until You specifically notify us that You wish us to stop sending You said emails. 17. Liability Of Users For Information They Post 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.
18. Notices To Company Or Users 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.
19. Entire Agreement 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.
20. Venue And JurisdictionThis 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 and/or Federal District Court. 21. Unenforceability Of Provisions 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.
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