The Swinger Role

Terms Of Service

Your Accessing And Continued Use Of This Website Constitutes Your Acknowledgement And Acceptance All Of These Terms

If you do not agree to the terms and conditions contained in these Terms of Use, please leave and do not access or use this website any further.

Preamble

Eroti.Club is primarily an international social networking website for sexually liberated individuals and those employed in the erotic industry. Our erotic community is not an escort agency and we intend to comply with all relevant laws including Proof Of Legal Age requirements. The content of this site is of an erotic/ adult/ mature nature and by entering/ viewing any of its pages you attest that you are over the age of 18 and that you do so in accordance with our full Adult Content Warning.

Your privacy and confidential use of Eroti.Club is important to us. We have formulated a Privacy Policy which you must also read and understand in conjunction to these terms of service. Under no circumstances do we intend to provide services, link to or condone any illegal activity, including sexual acts involving minors, human trafficking, cruelty and/or prejudiced towards others and cruelty toward animals. We ask that you bring any such matter found on Eroti.Club to our immediate attention upon which we will report to and cooperate fully with the appropriate authorities.

These terms of service will cover:

1. General Terms Of Use
2. Membership
3. Money, Credit/ “Charm”
4. Shopping
5. Miscellaneous

1. General Terms Of Use

Eroti.Club and the entire Eroti.Club web domain (hereinafter also referred to as “Us, We, Site”) is an online community, user-generated news and information source as well as a marketplace for downloadable and physical products, all with a strong erotic/ adult/ mature theme.

Anyone viewing Eroti.Club and/or accessing its pages, files or RSS feeds (hereinafter referred to as “You, Visitor, User”) are deemed to do so in accordance with these Terms of Use.

1.1. Restrictions On Use

You may only use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Eroti.Club ‘s express written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) pose as an employee of this site. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with us in causing any unauthorised use to cease.

1.2. Proprietary Information

All text, images, video and any other material (hereinafter referred to as “Content”) accessible from this site, and any other website or printed media that is owned, operated, licensed, or controlled by us is the proprietary information of Eroti.Club and the party that provided such Content to Eroti.Club (hereafter referred to as the “Contributor”). The Contributor and Eroti.Club retain all right, title, and interest in the Content which may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Eroti.Club, or unless explicitly authorised elsewhere on our Site. Neither title nor intellectual property rights are transferred to You by access to this Site.

1.3. Anti Piracy

Members may only use and submit Content to Eroti.Club to which they hold full legal title to without any limitation. The rightful owners of any proprietary Content displayed on Eroti.Club without their consent or license are invited to inform us of such transgression. Content piracy is explicitly prohibited in terms of our Terms of Service and we promise to take swift and severe action against offending Contributors. We can however only assist aggrieved parties who able and prepared to prove their legal status as indicated.

1.4. Site Endorsements

It is the intent and purpose of this website to provide Users with information and additional resources that could help them make informed buying decisions. This site may generate commissions from the sale of such products and services to Users of this Site as well as advertising revenue from such third party retailers and/or advertisers.

1.5. Member Reviews and Testimonials

Articles/ reviews, comments testimonials etc. should not be seen as any form of endorsement by Eroti.Club. Users must always use their own judgement and only interpret the information for what it is. Each article, comment or testimonial cited on this website reflects an opinion of the respective member about the relevant topic which they refer to. Such submissions could be bias and solicited by another party, including the party being discussed and may result in and/or from some form of compensation or goodwill towards its author. Eroti.Club has no means nor the desire to vet or regulate such submissions.

1.6. Hyper-Links

This site may be hyper-linked to other websites which are not controlled, maintained by, or necessarily related to, Eroti.Club. We have not necessarily reviewed these external websites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and Eroti.Club makes no representations or warranties about the content, completeness/ accuracy and/or integrity of these hyper-links or the sites linking to this Site. Furthermore, the inclusion of any hyper-link to a third-party website does not imply any endorsement by Eroti.Club of that site or product even though these links may be sponsored or affiliated to.

1.7. Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Eroti.Club or the party that provided the trademarks, service marks, and logos to us. Eroti.Club and any party that provided such trademarks, service marks, and logos to us retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

1.8. Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Eroti.Club disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose including but not limited to the following:

1. Whilst We use all reasonable endeavours to fully maintain the Site, We do not warrant that the Site itself and the information provided via it will be free from errors and/or omissions, nor that it will be available, uninterrupted and in a fully operating condition at all times.
2. Save that nothing in this section shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all Content and services on this Site are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other users. We can and do not vet Member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.
3. Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
4. Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for any other reasons beyond Our control.
5. We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by you or other users of the Site that is in contravention of these Terms of Use or is not directly attributable to Our negligence.

1.9. Indemnity

You will indemnify and hold Eroti.Club, its subsidiaries, affiliates, licensees, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgements, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

2. Membership

2.1. Restricted Access

Eroti.Club may restrict access to parts (or all) of our website and reserve full rights to do so. Users wishing to create a profile, participate in discussions, post reviews, shop or conduct certain functions on the Site (hereinafter referred to as “Member”) will need to create a member account providing us with your chosen username, password and email address all of which are protected in terms of our Privacy Policy.

2.2. Member Warranties

In creating an account Members warrant that:

1. they will only use this site for legal purposes;
2. they are at least 18 years of age AND of legal adult age as defined by the country or state from where they are accessing this website. If We discover or have any reason to suspect that a Member do not comply to this legal age requirement we may suspend or terminate their membership without notice.
3. they are accessing this website from a country or state where it is not illegal to enter adult websites, view sexually explicit and/or pornographic material.
4. they are not personally offended by nudity, sexual imagery or any adult sexual activity;
5. they will not permit any minor, or other person who do not also comply with all of these conditions to view any material that exists on this Site;
6. they will comply with these Terms of Use including, without limitation, the restrictions relating to acceptable use as set out below.

2.3 Acceptable Use.

We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site. We do however accept an obligation of protecting the rights of other Members and that of Eroti.Club in terms of the law and require that Members do not:

1. say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
2. actively solicit users of the website in relation to your products or services or those of third parties including by way of the distribution of ‘spam’ mail;
3. use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
4. make insulting remarks to or about other Members or other users of the Site (“flaming”);
5. distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
6. impersonate another person or Member or Eroti.Club administrators;
7. transfer files that contain viruses, spyware, Trojans or other harmful programs and only use acceptable image formats which are .jpeg .gif .png or .bmp.
8. use the Site to conduct any fraudulent activity including any “ponzi scheme”, “chain letter” or money laundering;
9. access or attempt to access the accounts of other Members and/or penetrate or attempt to penetrate the Site security measures;
10. post misleading Content, or profile listings, or heavily doctored imagery, or images of anyone other than the individual whom you are describing in your post, profile or advertisement.

2.4. Our Remedies

Although under no obligation to do so, Eroti.Club reserves the right to monitor Members use of this Site against compliance with all our Terms of Use, as well the right to edit or remove any Content for any reason.

Eroti.Club employ community policing whereby we encourage Members to report (Flag) non-compliance of any specific piece of Content to the above acceptable use policies. You acknowledge and agree however that neither Eroti.Club nor any Member or third party that provided Content to Eroti.Club will assume or have any liability for any action or inaction as a result of Content being Flagged.

Notwithstanding the above, each Member remain solely responsible for the Content of all their submissions. In an effort to ensure coercion from Members, We reserve the right to take any or all of the following actions at our discretion:

1. apply certain penalties directly to the offending Member’s credit/token balance (see Section 3.1. below);
2. issue members with written e-mail warnings and may take such further action as we deem appropriate;
3. remove or amend any posting or member profile (including photographs) or other material that, in our sole discretion may be inappropriate or we suspect to be illegal, may subject us to liability or which may violate these Terms and Conditions or where required to do so by law;
4. suspend or terminate a member’s access to the site or and account without notice at any time;
5. inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
6. bring legal action against a Member or other user of the Site in relation to any breach of these Terms and Conditions or any illegal or suspected illegal activity.

We will determine what action is appropriate on a case-by-case basis. You acknowledge that Eroti.Club may be required by law to access, monitor and store all information sent by and/or to all site users without further notice to you.

2.5. Site Language

The official language on Eroti.Club is English. Though our online translation service should be able to detect any language used for posting and translate the given Content to any language chosen by the User, it is advised that Members always submit their content in English to limit possible translation and grammatical errors. All communications with Site administrators must be in English.

2.6. Reasonable Use License

Contributors hereby grant to Eroti.Club the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display all Content, remarks, suggestions, ideas, graphics, or other information communicated to Eroti.Club through this site or in any form, media, or technology now known or later developed. Eroti.Club will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Eroti.Club operations.

2.7. No Authentication

Eroti.Club do not have the ability to truly authenticate the Content submitted by our Members, save for an optional very elementary photo authentication process. To ensure the integrity of Eroti.Club and ultimately its usefulness to all Users, members are obliged to only use Content depicting the actual person related to each Member Profile. Failure to comply is a serious offence and Members are encouraged to report suspected impostors with the “Flag” function on the Member Profile in question.
Notwithstanding the above, all Users should take note of this deficiency and use their own judgement when viewing Member Profiles as some may regrettably be fake.

2.8. Proof of Legal Age – 18 U.S.C. 2257 Requirements

Contributors of any graphical Content MUST be able to prove that all persons depicted in any such imagery were at least 18 years of age at the time of recording. To this extent each individual Contributor is deemed as the “Custodian Of Records” in accordance with USA Federal Labelling and Record-Keeping Law (also known as 18 U.S.C. 2257) and must, upon request of any authorised body, be able to produce at least one photo and one other Government issued identification document of any/all persons(s) so depicted.

2.9. Security

Once confirmed Members must ensure that their password are kept confidential. All use of Eroti.Club with your login credentials are deemed to have been by the corresponding Member and they will be held responsible and liable for any loss directly associated with such access.

1. Members are advised to always end off their session on Eroti.Club by logout.
2. Members should not use any “Remember Me” or similar password remembering service that may be offered by your web browser when using a public device (such as an Internet Cafe or work computer to access your account.
3. All passwords used for this site are for individual use only and should not be shared with anyone.
4. Members will be responsible for the security and effectiveness of their own password. Eroti.Club may compel users to use a more complex password containing more characters, numbers and special characters than what you normally would use.
5. You are prohibited from using any services or facilities to compromise security or tamper with system resources and/or accounts of this Site. If you become involved in any violation of system security, Eroti.Club reserves the right to release your details to system administrators of Internet security firms and the appropriate law enforcement authorities as well as conducting our own investigations in order to resolve any such security threats or suspected attacks. You hereby waive and hold harmless Eroti.Club from any claims resulting from any action taken during, as a result of or from any actions taken as a consequence of such investigations by either by Eroti.Club or any law enforcement agency.

Eroti.Club will fully cooperate with any law enforcement authorities or court order requesting or directing Eroti.Club to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available materials that are believed to violate these Terms of Use.

2.10 Voluntary Termination

Members may opt to terminate their account at any time from the relevant link inside their Member account. This action is irrevocable and irreversible and will remove all Content including the Member’s profile, posts and comments from the Site but not necessarily delete such Content from our servers. A voluntary termination will also delete all purchasing information and void all credit (also known as “Charm” as described in Section 3. below) held by the Member at that point in time thereby making it impossible for Eroti.Club to action any further payouts and/or refunds of any kind.

3. Money, Credits/ “Charm”

Eroti.Club operate a credit/ token/ award system linked individually to each Member account with its value defined as “Charm”. Certain actions performed by Members my reduce or increase their Charm balance as defined here. Members may also transfer Charm from their own account to any other Member’s account in a number of ways throughout the Site.

In general, members strive to accumulate Charm as they may be displayed more prominently or be entitled to certain distinctions, privileges and/or rewards from Eroti.Club based on their overall Charm balance.

3.1. Charges and Penalties.

Various charges are made directly to Members’ Charm account on an ongoing and automated basis. In addition, certain penalties may also be deducted directly from Member accounts without prior warning. Such penalties are generally small in value and applied by Eroti.Club administrators for unsocial behaviour such as SPAM and/or harmful commenting on the part of the penalised party. The thread author of public conversations may also define comments and/or sub-comments as “SPAM” thereby inducing similar penalties on the offending Member without Eroti.Club administrator intervention.

3.2. No/ Negative Charm

Members who’s Charm balance fall below zero are clearly branded on Eroti.Club as “Hideous”. Their profile, comments and all other contributions will remain live on the Site and display this branding but access to their accounts will be limited until a positive account balance is regained. Members with negative Charm balances will receive a number of warning emails informing them of the situation and advising them of possible remedies. Member accounts that remain negative for more than 30 calendar days may be terminated by Site administrators at our discretion.

3.3. Tell A Friend Promotion.

Eroti.Club encourage its Members to invite persons who they may or may not know to join the Site. If done though their unique referral link the referring Member (hereinafter called “Referrer”) will automatically receive a Charm bonus for each new qualifying member (hereinafter called “Referral”) they refer to Us subject to:

1. the Referral must be new to Eroti.Club, all returning and/or previously suspended Members will not count as a Referral;
2. each Referral must be from a new unique IP address, only one referral bonus will be applied per IP address no matter how many legitimate new members sign up from that location;
3. we track returning prospects that do not sign up initially with a cookie so a returning Referral must have cookies enabled and the relevant cookie present on their device to credit the appropriate Referrer;
4. each consecutive invitation/recommendation overwrites the previous one so that only the most recent Referrer will receive credit for making a Referral.

3.4. Buying Charm

Members may instantly gain Charm by making a monetary payment to Eroti.Club at a current rate of 1 US Dollar = 1 Charm. Once purchased, Charm has no direct monetary value and it may only be used on the Eroti.Club website in exchange for the various benefits, services and/or rewards normally associated with it.

3.5. Selling Charm

Eroti.Club provide various facilities to facilitate Charm to be traded between its members for potential monetary gains. All such transactions are however considered to be private dealings between the parties involved over which Eroti.Club has no control, influence or legal powers. As such, all such dealings are entirely at the participating member’s risk which include but is not limited to financial losses due to dishonoring,  non-compliance, charge-backs and similar forms of fraud.

3.6. Fraudulent Activities

All Members are expected to only use Charm for its intended purposes. Members abusing the Charm credit system, including but not limited to setting up false profiles to accrue Charm fraudulently and/or money laundering may result in immediate suspension of all accounts involved, forfeiting of all accumulated Charm and a probable permanent ban from our Site. Eroti.Club Administrator’s decision on this will be final.

4. Shop

4.1. Selling

Members wishing to sell (hereinafter called “Vendors”) digital downloads or physical items which they legally own or are licensed and/or authorised to sell may do so in exchange for Charm only. Eroti.Club will collect a 10% commission from the total selling price and Vendors will be responsible for all taxes and duties applicable to their own jurisdiction. All items offered for sale will be vetted by Eroti.Club for its quality and fitness and must be submitted using our online form.

Digital downloads – the actual product must be uploaded.

Physical products – only images representing the product should be uploaded – vendors must retain all physical products until it is sold (do not send physical items to Eroti.Club), and then:

1. Confirmed orders will be forwarded to the relevant Vendor’s Member email address with all particulars for shipment. Vendors of physical products are required to keep the email address associated with their Member account updated and read at least every other day to ensure they are informed on a timely basis of all new orders. Vendors who will not be able to attend to their orders must inform Eroti.Club so that all their physical items are temporarily suspended and non-compliance is avoided.
2. Upon receiving a confirmed order email, Vendors must dispatch the consignment at the Vendor’s cost within five (5) calendar days of the order email, in plain packaging using the conventional postal system with registered/ “Track and Trace” post and additional insurance as may be required for item(s) with a value over $100 US Dollars and the relevant Track and Trace number provided by your postal service must be sent by return email to Eroti.Club.
3. Failure to dispatch orders and reply with the required Postal Tracking Number within five calendar days will result in an immediate cancellation of the order reversal of the Charm payment in question (hereinafter referred to as “Reversal”).
4. The Vendor must inform Eroti.Club of all items that are “returned to sender” due to it being undeliverable which will result in a Reversal.
5. Vendors will be informed by email of item(s) that have not reached their destination after 60 calendar days which are therefore considered to be “lost” in the postal system. This will result in a Reversal and while these instances should be rare the Vendor hereby assume responsibility to pursue all claims against the postal authority in question with the proof of shipment and other documentation they are obliged to retain when dispatching any consignment.
6. A record will be kept on the Vendor’s Member account of Reversals and an unduly high level of incidents may result in the total suspension of all the Vendor’s physical item listings on the Eroti.Club store.

If accepted we will prepare a new item listing to the Eroti.Club online store with a link to it from the Vendor’s Member profile. If rejected we will inform the Vendor by email with suggested amendments and/or alternative selling propositions for the submitted product.

Once included in the Eroti.Club online store all amendments and/or removal of products associated with a Vendor must be requested through Eroti.Club administrators. This is a manual process that may take a number of days but we will send an email notification once each request was completed.

4.2. Buying

Members may purchase items from the Eroti.Club online store with their Charm credit only.

Digital downloadable – items are immediately available for download onto the purchaser’s local device subject to a user license and copyright agreement. The purchaser must read and abide by the terms of the relevant license and copyright agreement, which will be enforced to the fullest extent by international copyright law. To further protect our intellectual property the download link is protected and limited in terms of: a) number of download attempts; b) available time-frame and c) purchaser’s IP address. Purchasers must therefore proceed to immediately download the relevant item(s) to ensure its delivery and to complete the transaction.

Physical products – will be mailed to the receiving address (protected in terms of Eroti.Club Privacy Policy) provided by the purchaser at the time of purchase. The purchaser will be informed by email when: a) the order was received and b) the order was dispatched. Item(s) will be sent in plain packaging via the conventional postal system with unique Tracking Number and are deemed delivered when the receiving party sign for acceptance of delivery.

The purchaser must:

1. pay all additional import duties and/or taxes that may be levied at the purchaser’s port of entry;
2. accept risk of confiscation and loss of goods if any item(s) so imported are prohibited in their local jurisdiction (this mostly apply to digested drugs and/or supplements, explicit pornography, etc. – if in doubt, please check with local custom authorities before placing an order);
3. inform Eroti.Club if the item(s) have not arrived after 60 calendar days from date of the dispatch email so that we may pursue the matter with the relevant courier and make a Reversal and Charm refund if necessary.

4.3. Satisfaction Guarantee

Purchaser’s may request a partial or full refund within fourteen (14) calendar days of delivery with or without motivation. A record entry will be made against the relevant Member’s account of all refunds requested and Eroti.Club reserve the right to suspend and/or terminate Member accounts with abnormally high levels of refund requests. Refunds will be made to the relevant purchasing Member’s Charm account only – no cash or other monetary equivalent payments will be made.

Refunds will not be given for consignments held by the purchaser’s local customs and excise as:

1. retained in lieu of any additional import duties and/or taxes;
2. confiscated and/or prohibited goods.

5. Miscellaneous

5.1. Third Party Providers

Eroti.Club use the services of established and respectable external web-based service providers for specific additional functionality. In all such instances this will be clear to You and you are hereby advised that each such external service provider has their own terms of service and provisions that you must adhere to should you want/need to utilise that specific facility, including: Cincopa®, LiveJasmin®, Exoclick® and BitCoin®.

5.2. Jurisdiction and Law

These Terms and all use of Eroti.Club is governed by the laws of The United Kingdom. You specifically consent to personal jurisdiction in the London High Court, United Kingdom in connection with any dispute between you and Eroti.Club arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the London High Court, London, United Kingdom.

5.3. Legal Owner

Eroti.Club is owned and operated by ApexStudio.net of Unit 1, 26 Cleveland Road, South Woodford, Essex, E18 2AN, United Kingdom however, it is best to contact us through the Contact Us page provided on this website.

5.4. Severance and Survival of Terms

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of United Kingdom, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be deleted from these terms and the relevant preceding terms shall come into effect. All remaining terms shall survive and continue to be binding and enforceable.

5.5. Revision and Changes to these Terms Of Use

Eroti.Club may revise these Terms of Use at any time by updating this page and notifying Members by email where possible of any such changes. You should however review these terms regularly on your own accord. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

Dated and effective as of: 7 October 2014