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1.Agreement Overview
1. The main contents contained herein include: the registration and use of account, intellectual property rights and privacy protection, termination of services, liability exemption, legal liability, application of law, jurisdiction, information feedback, notification service, etc. When registering a Eroc account, and accessing or using our products or services, you shall also comply with our other related agreements (if any), for example, Eroc Privacy Policy, Use of Cookies, Term of Sales, Community Terms and Rules, etc. If you refuse to accept the contents contained herein, please do not click the “Sign Up” button, nor access or experience or use in any other way our products or services.
2. You know and agree that this Agreement may be amended by Eroc, but such amendments are aimed at providing better services to you or is made in accordance with mandatory provisions of laws and regulations. Occasionally, amendments to the wording of this Agreement may be made in order to enhance the legibility. If any material amendment is made to this Agreement, which reduces or abridges your rights or interests, Eroc will notify you via the contact details you have provided or through public announcement. If, after receiving the above amendment notification, you continue to use Eroc’s products or services, you will be deemed to have known such amendment and agree to be bound by the terms thereof.
3. Our products and services are mainly targeted at adults. If you are a minor, please experience or use our products and services with the consent of your parent or legal guardian.
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2.Registration and Use of Eroc Account
1. Eroc account refers to the identification tool which is owned and managed by Eroc and which is used for verifying the identity of, and providing services to, the user. As a registered user, you only have the right to use the Eroc account registered in your own name. You may access our web pages and experience our products and services without the need to register an Eroc, but you can enjoy more services and experiences by registering for a Eroc account. For example, you can receive the latest information on Eroc; participate in Eroc activities; upload your personal photos; share comments and feedback; and purchase Eroc goods through your Eroc account.
2. You warrant that information you have provided when registering your Eroc account is accurate, truthful, legal, and valid and belongs solely to you. If any of the above information changes after you have registered for your Eroc account, you will be responsible for logging into your Eroc account to update your information in a timely manner.
3. Your Eroc account serves as verification to enable you to experience the services on the Eroc platform. You must safeguard your Eroc account details and password. If the password to your Eroc account is lost, you can contact us and retrieve your password. If you find that another person is using your Eroc account without your permission, please notify us immediately. We will work with you to address such problems so as to avoid or mitigate any loss.
4. When using your Eroc account, in addition to local, regional and national laws and regulations, you shall act in a way that is consistent with public morality and common decency. You shall not take any actions, or cause any actions to be taken, which infringe upon the lawful rights and interests of any third party. Further, you may not use your Eroc account to advertise; sell goods or services; or engage in any other commercial activities. You shall be responsible for all acts related to your Eroc account, unless you are able to provide contrary evidence demonstrating that such acts were not carried out by you.
5. You agree that when you use your Eroc account to receive services provided by Eroc, Eroc, or any of Eroc’s third party partners, is permitted to send any commercial or non-commercial information to the contact details you have provided or directly through the Eroc account in a manner consistent with applicable law.
6. Fees: you need to use a mobile phone, computer or other terminal devices to connect to the Internet before you can use your Eroc account. In the process, you may be required to pay network connection fees, mobile phone data fees, or other expenses. If you purchase goods through your Eroc account, you will likely be required to make payment though a third-party payment provider such as a credit card or other financial services provider, which may charge you a fee. You will be responsible for any such fees.
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3.Intellectual Property Rights and Privacy Protection
1. All intellectual property rights in the Eroc website, including but not limited to copyright to the software, and any imagery, shall vest solely with Eroc. The intellectual property rights of the whole contents of Eroc’s network platform and Eroc account shall be owned by Eroc, except for the contents to which you enjoy copyright under relevant law. Eroc owns or has obtained legal authorization of all design drawings involved in Eroc network platform and Eroc account and other drawings, products, and service names. Without Eroc’s prior written consent, you may not duplicate, issue, exhibit, translate, compile, or through information network spread, the above drawings, products, and service names, or use the same for any purposes.
2. You shall own all intellectual property rights in the words, pictures, music, videos, software and other information published you have uploaded using your Eroc account while using Eroc services. You hereby agree to grant to Eroc a non-exclusive, perpetual, irrevocable right to use (including but not limited to the rights to duplicate, issue, exhibit, translate, compile, or spread through information network, etc.) the above information. You further agree that Eroc may sublicense such rights. If you discover that there is any unsigned works on the Eroc platform, and you are the author or rightholder please promptly contact us. We will consider your request and properly deal with such problem as quickly as possible.
3. You warrant that you are the copyright owner of or have obtained legal authorization of the information published and uploaded by you by using your Eroc account at the time of your use of Eroc services, and such information will not infringe upon the lawful rights and interests of any third party. If any third party raises a lawful and reasonable objection to the above information, Eroc reserves the right to delete relevant information based on the circumstances, and take appropriate legal action to hold you accountable.
4. Eroc values your privacy. We will make every reasonable endeavor to protect your privacy. In the course of your use of you Eroc account, we may collect, store, dispose, share, and use your personal information and non-personal information. Any matter related to privacy protection shall be addressed in accordance with Eroc’s Privacy Policy.
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4.Service Termination
1. In order to make full use of the resources available through your Eroc account, if you fail to activate your Eroc account after submitting your information; fail to initially login and use your Eroc account in a timely manner after registering your Eroc account; or fail to log in and use your Eroc account within designated continuous period of time; or violate the terms of this Agreement, Eroc shall have the right to terminate the use of your Eroc account and discountinue its provision of services to you.
2. You understand and agree that Eroc shall have the right to temporarily or permanently terminate all or part of the services at any time in accordance with its own business needs. If such termination materially affects your rights or interests, Eroc will provide you with written notice via the contact details you have provided. You shall take proper measures to address any virtual property involved in your Eroc account within seven (7) working days of the receipt of the above notice. If you fail to do so in accordance with the methods prescribed by Eroc in a timely manner, you shall solely assume all related liabilities.
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5.Disclaimer
1. Eroc explicitly disclaims all warranties with respect to the accuracy, truthfulness, and completeness of any information contained on the Eroc website. If you intend to take any actions based on the above “information”, you shall be solely responsible for distinguishing the accuracy and truthfulness of such information and shall be responsible for taking reasonable measures to mitigate any such risk. Eroc shall not be responsible for the consequences arising from your acts. When receiving the services from Eroc, you may come into contact with uncomfortable or offensive information. In no event shall Eroc be liable for any such information. However, Eroc will deal with the said information as soon as practicable possible upon discovery. Eroc shall not be held liable for any losses or damages arising from or relating to your use of the website not directly associated with Eroc, whether direct, indirect, accidental, special, consequential, or punitive.
2. Given the special nature of Internet services, you understand and agree that under none of the following circumstances shall Eroc be held liable for your losses (including but not limited to property loss, earning loss, loss of data, etc., or other intangible losses):
i. If Eroc system fails and cannot normally operate due to an event of force majeure, including but not limited to an earthquake, tsunami, typhoon, flood, coup, war, terrorist attack, sudden power failure, strike of workers, etc.;
ii. If the services provided by Eroc platform are suspended or delayed due to hacker attack, computer virus, Trojan Horse and/or any other malicious programs;
iii. If the services provided by Eroc platform are suspended or delayed due to technical adjustments or malfunctions, or system maintenance, etc. of telecommunication departments and network operators;
iv. If the services provided by Eroc platform are delayed, suspended or terminated due to the change of laws and regulations, or order and ruling of judicial authorities, administrative organs and other departments, etc.;
v. If you suffer losses due to your use of your Eroc account in violation of relevant provisions, or you use your account improperly.
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6.Liability for Breach of Contract
1. If Eroc finds or receives complaints or reports from others that you have violated any provisions of this Agreement, Eroc shall, without prior notice, have the right to at any time delete and shield the relevant information you have published or uploaded. Depending on severity of circumstances, Eroc reserves the right to impose punishment against you, including but not limited to warning, restriction on, or prohibition of, your use of all or part of functions, account closure until account cancellation, or other appropriate actions such as providing public warnings. You shall solely be held responsible for any related losses.
2. If your acts cause losses to Eroc, including but not limited to direct losses, reputation loses, third party penalties, claims, etc., Eroc shall have the right to seek indemnity from your for any such losses it has experienced.
3. If any dispute between you and a third party occurs due to your violation of the provisions of this Agreement, you shall be solely responsible for all related consequences, and indemnify and hold Eroc harmless. In such a case, Eroc has no obligation to assist you in settling such dispute and you shall not involve Eroc in any such settlement.
4. Limitation on Liability: For any loss (regardless of the type of loss) you suffer for whatever reason in the course of your use of your Eroc account, in no event shall Eroc be held liable for damages in excess of the price you have paid to Eroc, unless otherwise expressly provided for under applicable laws or regulations.
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7.Applicable Law and Dispute Resolution
1. Any issue arising from or relating to this Agreement, including its execution, performance or lack thereof, interpretation, or the settlement of related disputes shall be governed by the laws of the People's Republic of China, without regard to the conflict of law provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail. If a provision of this Agreement is held invalid, the validity of the remaining provisions hereof shall not be affected.
2. Any dispute arising from the performance of this Agreement shall be settled by the Parties through friendly consultation. If no settlement can be reached through friendly consultation, either Party may bring a claim before a court of competent jurisdiction in the place where defendant is located.
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8.Information Feedback
1. Any important from Eroc may be sent to you via the e-mail, mobile phone number, mailing address and other contact details you provided when you registered your Eroc account, or by publishing such information through the Eroc platform. Information sent by electronic communication modes shall be deemed as effectively given at the time received on your electronic equipment. Information sent by courier shall be deemed as effectively given on the third (3rd) day after it is sent by courier service.
2. If you have any opinions, advice or doubts with respect to this Agreement or our products or services, please provide us with feedback regarding the same at any time. Our contact information is as follows:
E-mail Address: userfeedback@Eroc.com
