Terms of Service Erotic Audio

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.

Intellectual Property

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 a membership.

Approval of Adult Content

This Site contains age-restricted materials. If the Subscriber is under the age of 18 years, or under the age of majority in the location from where accessing this Site, the Subscriber does not have authorization or permission to enter or access any of its materials. If the 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.

Billing

We use a 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 the Subscriber cancels the subscription. Unless and until this agreement is canceled in accordance with the terms hereof, the Subscriber hereby authorizes us and our billing provider to charge the subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes us to charge the subscriber's chosen payment method for any and all additional purchases of materials provided on the site.

Cancellation

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 or is canceled. This does not mean that we will refund what has already been charged. Our purchase and cancellation procedure is automated, you accept that you need to actively cancel the subscription in the system. In order to cancel, just click "Cancel Subscription" on the payment history page. Find it using the main menu: Account > Payments. You can also cancel the payment through the payment service you used. If you paid with PayPal and want to cancel, you need to cancel the pre-approved payment profile for EroticAudio.com (see PayPal site)

Refunds

We have a firm no-refund policy. The free account allows you to browse before you buy and make an informed decision. Cancellation for all future recurring billing should be performed by the user themselves according to the above paragraph. We reserve 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 another payment mechanism. Due to the nature of the download upgrade, we can not issue refunds for the downloads. As we do not limit the number 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 right to access the service or material located at this website. This access right 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 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 therefrom. Our billing provider and the Site reserve the right to terminate these access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, the 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, the 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 has had appropriate time to respond to such requests.

Termination

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 lose the license to use the material from the site. We further reserve the right to discontinue any product, subscription, or service at any time.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limited License

We grant you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement. Recurring subscriptions give you the right to listen to the content on the site or download and enjoy the content repeatedly for personal use, as long as you stay subscribed to the subscription that enabled you to access the content. If you cancel your access or your access is terminated or canceled by the Site, you should delete all downloaded files. You will not be able to access previoulsy unlocked content if you do not have an active subscription.

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.

Warranty Disclaimer

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.

Governing Law

This Agreement (and any further rules, policies, 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.

DISCLAIMER

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 GROUNDS FOR A REFUND. WE OFFER A FREE TRIAL, SO YOU MAY TRY OUR SERVICES BEFORE BUYING. 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, COUNTIES, 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 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 communication 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 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 communication 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.