Terms

Last revised June 8th, 2016

Welcome to Erosify. These Terms of Use (the “Terms”) govern your use of Erosify, Inc. (“Erosify”) service available through our website located at www.erosify.com (the “Website”), and mobile software application known as “Erosify” (the “App”) (collectively, the functionality provided by the Website and App referred to as the “Service”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR DOWNLOADING THE APP, YOU REPRESENT (1) THAT YOU HAVE ATTAINED THE LEGAL AGE THAT IS STATUTORILY REQUIRED UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE TO FORM A BINDING CONTRACT WITH EROSIFY, (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT; AND (3) THAT YOU CONSENT TO YOUR PERSONAL DATA BEING COLLECTED, STORED, PROCESSED OR TRANSFERRED IN THE MANNER PROVIDED FOR IN THESE TERMS AND AS PER THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, APP OR SERVICES.

1. ACCOUNTS

Registration. In order to access certain features of the Services you may be required register for an account (“Account”). If you access the Services through a social networking site, such as Facebook (each, an “SNS”), as part of the functionality of the Services, you may link your Account with SNS account (“SNS Account”), by allowing Erosify to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Erosify and/or grant Erosify access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Erosify to pay any fees or making Erosify subject to any usage limitations imposed by such third-party service providers. By granting Erosify access to any SNS Accounts, you understand that Erosify may access, make available and store (if applicable) any information, data, text, software, music, sound photographs, messages, tags, and/or other materials accessible through the Services that you have provided to and stored in your SNS Account (“SNS Content”) so that it is available on and through the Services via your Account and your profile page. Depending on the SNS Accounts you choose and subject to the privacy settings that you have in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND EROSIFY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Erosify makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Erosify is not responsible for any SNS Content.

Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Erosify immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Erosify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Erosify has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). Erosify may, but is not obligated to, request documentation to verify your identity and/or certain Registration Data. If you fail to timely verify your identity or Registration Data to Erosify’s reasonable satisfaction or Erosify has reasonable grounds to suspect your Registration Data is untrue, inaccurate, not current, or incomplete, Erosify may, but is not obligated to, contact any or all matches or other users of your potentially inaccurate, non-current, incomplete, or fraudulent identity, data, or information in addition to its other rights hereunder. Erosify reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by Erosify, or if you have been previously banned from any of Erosify Properties (as defined below).

2. LICENSE AND OWNERSHIP

License. Erosify grants you a personal, revocable, limited, non-transferable license to use the features and functions of the Website and Service to reproduce and use the App on your mobile device solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App’s Stores “Usage Rules”) (the “Usage Rules”) when using the App. All updates and upgrades to the App will be governed by the version of these Terms published by Erosify as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service.

Ownership. Unless otherwise noted, the Website, App and Service (collectively, the “Erosify Properties”) and all text, content and documents on the Erosify Properties, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing therein used to operate Erosify Properties, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on Erosify Properties, including your account and content generated by you in the use of the Erosify Properties (collectively, the “Content”) are owned by Erosify (or its affiliates) or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Erosify and you, all right, title and interest in and to the Content will at all times remain with Erosify and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, App or Service, are registered and/or common law trade names, trademarks or service marks of Erosify or the applicable Owner.

License to Your Content. Erosify does not claim ownership of any content, images, videos, text or other materials you upload to the Service (“Your Content”). You grant Erosify an non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, Your Content (in whole or in part) for any commercial and/or business purpose whatsoever, including for the purpose of operating and providing Erosify Properties to you and to our other end-users. For the purposes of clarity, you may use Your Content solely for your own personal, non-professional purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Erosify, are responsible for all of Your Content that you make available on or in Erosify Properties.

Your Profile. Your Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Erosify through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Erosify has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Erosify a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Erosify Properties.

3. USE AND RESTRICTIONS

You are permitted to use Erosify Properties and/or the Content and/or for lawful purposes as provided in these Terms only. You will not, without Erosify’s express written consent: (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which Erosify Properties are being provided to you; (ii) use Erosify Properties to conduct or promote any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of Erosify Properties, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Erosify Properties; (iv) attempt to gain access to secured portions of Erosify Properties to which you do not possess access rights; (v) use Erosify Properties to generate unsolicited email advertisements or spam; (vi) use Erosify Properties to stalk, harass or harm another individual; (vii) use any high volume automatic, electronic or manual process to access, search or harvest information from Erosify Properties (including without limitation robots, spiders or scripts); (viii) interfere in any way with the proper functioning of Erosify Properties, or interfere with or disrupt any servers or networks connected to Erosify Properties, or disobey any requirements, procedures, policies or regulations of networks connected to Erosify Properties; (ix) use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on Erosify Properties or the Content contained on any such web page for commercial use without our prior express written permission; (x) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (xi) mirror or frame Erosify Properties or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (xii) use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; (xiii) create derivative works from the Content or commercially exploit any part of the Content in any way; (xiv) use any portion of a Erosify Properties or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or (xv) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.

Erosify reserves all other rights. Except as expressly provided herein, nothing on Erosify Properties will be construed as conferring any license under Erosify’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Erosify may revoke any of the foregoing rights and/or your access to Erosify Properties, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

4. POSTING GUIDELINES

The Service includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with Erosify relevant sections of the social media sites, the “Community Forums”). With respect to any and all Community Forums, the following restrictions and obligations apply:

- Erosify will have the right, but not the obligation, to monitor or review any Community Forum at any time for any readily apparent violation of these Terms or illegal content. Notwithstanding the foregoing, you acknowledge that Erosify is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and will have no liability to you for any content posted in a Community Forum. However, if any such violation of these Terms is brought to our notice by an affected person Erosify shall inform you of such non-compliance and remove such content that is in contravention.
- You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Erosify reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums and terminate your access and usage rights to the Erosify Properties.

5. INTERACTIONS WITH OTHER USERS

User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Erosify reserves the right, but has no obligation, to intercede in such disputes. You agree that Erosify will not be responsible for any liability incurred as a result of such interactions. YOU UNDERSTAND THAT EROSIFY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. EROSIFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. EROSIFY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RESOURCES.

Content Provided by Other Users. The Erosify Properties may contain content provided by other users (“User Content”). Erosify is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, we have adopted and implemented a policy that provides for the review and removal Prohibited Content which has been reported to us. As part of that policy, we may suspend and/or terminate users who repeatedly upload Prohibited Content. If you believe that one or our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at: contact@erosify.com.

6. UNITED STATES ONLY

By using the Service, you agree and acknowledge that it is hosted in the United States. If you are attempting to access the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms, and Erosify Privacy Policy, you are transferring your personal information to the United States and you consent to (1) such transfer, (2) the application of the laws of the United States and/or the State of New York with respect to any dispute arising from or related to the Privacy Policy and/or your use of Erosify Properties, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of New York, and (c) the exclusive jurisdiction of the courts of the United States and the State of New York. Any claim or dispute between you and Erosify that arises in whole or in part from your use of the Website or in connection with the Privacy Policy will be decided exclusively by a court of competent jurisdiction located in New York County, New York, U.S.A. Each party hereby agrees that such court will have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

7. DISCLAIMERS

THE EROSIFY PROPERTIES AND ALL OTHER FEATURES ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE EROSIFY PROPERTIES AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN EROSIFY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EROSIFY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, EROSIFY DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT THE EROSIFY PROPERTIES, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. EROSIFY RESERVES THE RIGHT TO CHANGE ANY PART OF THE EROSIFY PROPERTIES AT ANYTIME WITHOUT NOTICE.

8. LIMITATION OF LIABILITY

YOUR USE OF THE EROSIFY PROPERTIES IS AT YOUR OWN RISK. NEITHER EROSIFY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE EROSIFY PROPERTIES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE EROSIFY PROPERTIES, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING WILL APPLY EVEN IF EROSIFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE EROSIFY PROPERTIES, THESE TERMS, OR ITS PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE EROSIFY PROPERTIES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST EROSIFY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE EROSIFY PROPERTIES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EROSIFY AND ITS AFFILIATES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE EROSIFY PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

9. DIGITAL MILLENNIUM COPYRIGHT ACT

Erosify is committed to respecting and protecting the legal rights of copyright owners. As such, Erosify adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Erosify’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Erosify’s Copyright Agent to receive DMCA Takedown Notices is: email: contact@erosify.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Erosify to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

10. CHANGES TO THESE TERMS

PLEASE NOTE THAT The Terms are subject to change by Erosify in its sole discretion at any time. When changes are made, Erosify will make a new copy of the Terms available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of Erosify Properties and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes will be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or App or thirty (30) days after dispatch of an e-mail notice of such changes to users who have registered for an Account. Erosify may require you to provide consent to the updated Terms in a specified manner before further use of Erosify Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using Erosify Properties. Otherwise, your continued use of Erosify Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.

11. TERMINATION

Erosify may cancel, suspend or block your use of Erosify Properties without notice if there has been a violation of these Terms, as determined by Erosify in its sole discretion. Your right to use Erosify Properties will end once your registration is terminated, and any data you have stored on the Service may be unavailable later, unless Erosify is required to retain it by law. You may terminate your registration at any time. Erosify is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT Erosify WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, APP OR SERVICE. Any limitations on liability that favor Erosify will survive the expiration or termination of these Terms for any reason.

12. MISCELLANEOUS

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Erosify without restriction. Erosify’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

13. QUESTIONS, COMPLAINTS, CLAIMS

If you have any questions, complaints or claims with respect to Erosify Properties, please contact our Grievance Officer at: contact@erosify.com who will endeavor to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.