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| WEBSITE TERMS AND CONDITIONS |
NO RELIANCE |
Whilst
Eros has endeavoured to ensure the accuracy of the information accessed
via the Website, it does not guarantee or give any warranty as to
the truth, accuracy, timeliness safety, reliability, compliance, quality
or function, or completeness of any information or material on the
Website. In any case, Eros reserves the right to remove any item
which it believes to be in breach of these Terms or which does not comply
with any applicable legislation. |
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| YOUR OBLIGATIONS AND WARRANTIES |
You
warrant that any details provided by you and/or any use of the Website
by you, any communication with any potential buyer or swapper and
any sale or swap (a) shall not infringe the intellectual property
or other rights of any third party, (b) is not libellous or defamatory,
(c) shall not otherwise result in injury or damage to obscene, pomographic,
insulting, false, unreliable or misleading. You agree that you are
responsible for sending accurate details to Eros. |
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| PRIVACY
POLICY |
The
privacy policy also forms part of these Terms and you agree that
we may use your personal data as set out in the privacy policy.
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| LINK
TO THE WEBSITE |
Websites
or pages to which the Website is linked are for information only
and have not been reviewed by Eros. Eros has no responsibility for
the content of the websites or pages linked or linking to this website, and
Eros accepts no responsibility or liability for any losses or penalties
what so ever that may be incurred as a result of any linking to
any location on any linked websites. |
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| INTELLECTUAL
PROPERTY |
The
Website, including (but not limited to) text, content, software,
video, music, sound, graphics, photographs, illustrations, at work,
photographs, names, logos, trademarks, service marks and other material
("Content") is protected by copyrights, trade marks and/or other
proprietary rights. The Content includes both content owned or controlled
by Eros and content owned or controlled by third parties and
licensed to Eros. All individual articles, reports, and other elements
making up the Website may be copyright works. You agree to abide
by all additional copyright notices or restrictions contained in
the Website.
You may not use any of Eros's trade marks or trade names without
Eros's consent and you acknowledge that you have no owner ship rights
in and to any of those names and marks. You agree to notify Eros
in writing promptly upon becoming aware of any unauthorized access
to or use of the Website by any party or of any claim that the Website
or any of the contents of the Website infringes any copyright, trade
mark, or other contractual, statutory or common law rights of any
party. |
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| LICENSE
AND DOWNLOAD RIGHTS |
You
acquire no rights or licenses in or to the Website and/or the Content
other than the limited right to use the Website in accordance with
these Terms and to download on the terms set out in this section.
Other than as set out in this section you may not copy, reproduce,
recompile, disassemble, reverse engineer, distribute, publish, display,
perform, modify, upload to create derivative works from, transmit,
or in any other way exploit any part of the Website. |
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| Download
is permitted by Eros provided only that: |
(i)
you make no more than one printed copy of such download and no further
copies of such printed copy are made; |
(ii)
you make only personal, non-commercial use of such download and/or
printed copy; and |
(iii)
you retain on such download and/or printed copy all copyright notices
and shall remain bound by the terms of such wording and notices. |
Additionally,
you may not offer for sale or sell or distribute over any other
medium (including distribution by over-the-air television or radio
broadcast or distribution on a computer network) the Content or
any part thereof. You may not make any part of the Website available
as pat of another website, whether by hyperlink framing on the Internet
or otherwise. The Website and the information contained therein
may not be used to construct a database of any kind, nor may the
Website be stored (in its entirely in any part) in databases
for access by you or any third party or to distribute any database
websites containing all or part of the Website. |
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| RELATIONSHIP
BETWEEN THE PARTIES |
Eros
does not have any partnership, joint venture or other similar relationship
with any buyer. |
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| PERMISSIONS |
If
you would like information about obtaining Eros's permission to
use any of the Content or if you would like to link your website
to the Website, e-mail at marketing@erosentertainment.com
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| NO
WARRANTY |
The
Website and the Content are provided "as is" excluding any warranties
of any kind, either express or implied, to the fullest extent permissible
pursuant to applicable law including (but not limited to) the exclusion
of warranties of title, merchantability, satisfactory quality, fitness
for a particular purpose and non-infringement of proprietary
or third party rights. Eros further accepts no responsibility or
liability for functions contained on will be corrected. Please note
that some jurisdictions do not allow the exclusion of implied warranties,
so some or all of the above exclusions may apply to you. Eros does
not warrant that the Website is compatible with your computer equipment
or that the Website or its server is free of Eros or viruses,
worms or "Trojan horses" and Eros is not liable for any damage you
may suffer as a result of such destructive features.
Eros shall not be held responsible for Content provided by third
parties. Eros is also not responsible for the reliability or continued
availability of the telephone lines and equipment you use to access
the website. These Terms do not affect your statutory rights or
your legal rights as a customer. |
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| COPYRIGHT
INFRINGEMENT AND COPYRIGHT AGENT |
Eros
may, in appropriate circumstances and at its discretion, remove,
or disable access to, material on the Website that infringes on
the rights of others.
If you believe that your work has been used on the Website in a
manner that constitutes copyright infringement, please send Eros
an e-mail to info@erosentertainment.com
setting out details or the alleged infringement. |
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| LIMITATION
OF LIABILITY |
You
acknowledge that your use of the Website, including the Content,
is at your own risk. If you are dissatisfied with the Website, the
Terms or any or the Content your sole remedy is to discontinue use
of the Website. Save in respect of fraud and of personal injury
or death to the extent it results from Eros's negligence, in no
event will Eros be liable to you or any third party for any direct,
special, indirect, consequential or incidental damages, exemplary
or lost profits, or another damages of any kind whether based on
warranty, contract, tort (including negligence) or otherwise, even
if Eros has been advised of the possibility thereof. Applicable
law may not allow the limitation or exclusion of liability for consequential
or incidental damages, so this limitation or exclusion may not apply
to you. |
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| LOCAL
LAWS AND REGULATIONS |
The
Website is not directed at any person in any jurisdiction where
for any reason the publication or availability of the Website is
prohibited. Those in respect of whom such prohibitions apply must
not access the Website. Eros does not represent that either
the Website or the Content are appropriate for use of permitted
by local laws in all jurisdictions. Those who access the Website
do so on their own initiative and are responsible for compliance
with applicable local law. |
| INDEMNITY
|
You
agree to indemnify, defend, and hold harmless each of Eros, its employees,
representatives and agents, from and against any claims, actions,
demands or other proceedings brought against any of Eros, its employees,
representatives or agents, by a their party, to the extent that such
claim, suit, action or other proceeding brought against Eros its employees,
representatives, suppliers, or agents is based on or arises in connection
with: |
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(i)
your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(aa) infringes
any intellectual property rights of any third party, or any right
of personality of publicity, or
(bb) is libelous
or defamatory, or otherwise results in injury or damage to any third
party;
(iv) any deletions, additions, insertions, or alterations to, or
any unauthorized use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty
made by you contained herein. References in this section of the
Terms to your use of the Website shall be deemed to include any
use by a third party where such a third party accesses the Website
using your computer.
You agree to pay Eros, its employees, representatives, and agents
any and all costs, damages, and expenses (including reasonable legal
fees) awarded against any of them or otherwise incurred by any of
them in connection with or arising from any such third party claim,
suit, action or proceeding attributable to any such third party
claim.
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TERMINATION |
Eros
may terminate these terms with or without cause at any time. Eros,
in its sole discretion, may also at any time terminate or suspend
your access to all or part of the Website if it believes that your
conduct is in contravention of any applicable law or is harmful to
the interests of Eros, any other user, third party provider, sponsor,
advertiser or service provider. |
CHANGES
TO THE WEBSITE |
You
accept that Eros has, at its sole discretion, the right to change
the content or technical specifications of any aspect of the Website
at any time. Your further accept that such changes may result in your
being unable to access the website. |
WAIVER |
No
waiver by Eros of any breach of any obligation arising under these
Terms shall constitute a waiver of any other breach and no failure
to exercise or partial exercise by Eros of any remedy shall constitute
a waiver of the right subsequently to exercise that or any other remedy.
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GOVERNING
LAW AND JURISDICTION |
The
Terms are governed by the laws of England and Wales and the parties
submit to the exclusive jurisdiction of the English courts.
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NO
OBLIGATION TO MONITOR |
Eros
does not control the information delivered to the Website and has
no obligation to monitor the same. Eros is a distributor and not a
publisher of content supplied by third parties and users and such
not exert any editorial control over this Content. Eros is not responsible
for screening, monitoring or editing such Content. if notified of
any alleged infringing, defamatory or illegal Content, Eros may determine
in its sole discretion whether or not to retain or remove such Content
from the Website. However, Eros reserves the right at all times to
disclose any information necessary to satisfy any applicable law,
regulation, legal process, police request of governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, for any reason whatsoever, in Eros's sole discretion.
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NO
ENDORSEMENT |
Eros
does not endorse, support, represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted to the Website
or endorses any opinions expressed in any communications. You acknowledge
that any reliance on material posted in the Website will be at your
own risk. |
PRIVACY |
You
acknowledge that the Website is public and not private, and that therefore
others may read your communications without your knowledge. Always
use caution when giving out any personally identifying information
about yourself or your children. If particular web pages permit the
submission of communications that will be treated by Eros as confidential,
that fact will be stated on these pages. |
LICENSE
GRANT |
By
Posting communications on or through the Website, you automatically
grant Eros a royalty-free, per-petual, irrevocable, non-exclusive
license to use, copy, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part
of other works in any form, media, or technology whether now known
or hereafter developed, and to sub-license such rights through multiple
tiers of sub-licenses. The foregoing grants shall include the right
to exploit any proprietary rights in such communication, including
but not limited to rights under copyright, trademark, service mark
or patent laws under any relevant, jurisdiction. |
MISCELLANEOUS |
It
is a crime to use a false name or a known invalid credit card number
to order any product. If you are found to be willfully entering a
fictitious or erroneous order then you shall be prosecuted. You should
be aware that each electronic entry carries the computer coding of
the internet provider through which the individual user can be traced.
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It is assumed that you agree to receive updates from Eros on an ongoing basis. If otherwise please inform our customer service for the same.
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