Terms of Service

The web pages available at www.erated.me and all sub-domains thereof (the “Site”) are owned and operated by (the “Company”, “us”, “we”, and “our”), and are accessed by you and/or your agents, employs, or assigns (the “Subscriber”, “user”, “you” or “your”) under the following terms and conditions. All of our programs, games and services (as described more fully on the Site) (the “Services”) are governed by the Terms of Service (the “Terms”, the “Terms of Service”, or the “Agreement”). YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SERVICES.

We may, from time to time, without notice, update or revise the Terms of Service. If we update or revise the Terms of Service, we will notify you either by email to your most recently-provided e-mail address, or by posting the updated or revised Terms of Service on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms of Service as updated or revised. You can view the most current Terms of Service at any time by clicking on the Terms of Service link at the bottom of the Site’s home page. It is your responsibility to review the Terms of Service periodically.

If you violate the Terms of Service, we may terminate any and all accounts you have established at the Site (your “Account(s)”). You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).

SITE CONTENTS

You are on notice that all materials displayed or performed on the Site (including, but not limited to text, graphics, games, applications, news articles, photographs, images, illustrations, audio clips and video clips, collectively, the “Content”) may constitute our intellectual property and accordingly would be protected by copyright and/or trademark, pursuant to U.S. laws, international conventions, and other laws. The Site and the Content may only be used in accordance with the Terms of Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in the Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site. You may access the Content, and other items displayed on the Site for personal use only. You shall not store any of the Content in any form from the Site unless otherwise explicitly permitted on the Site. Downloading, copying or storing of any Content is expressly prohibited without the prior written permission from the Company, or from such other copyright holder as may be identified in such Content’s copyright notice. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.

REGISTRATION.

When you finish the registration process, you officially become a Subscriber of Erated. Your membership allows you access to certain Content and Services on the Site. You are required to provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Account(s).

Subscriber may not (i) select or use as a Erated User ID a name of another person with the intent to impersonate that person or (ii) use as a Erated User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).

You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s). including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.

CONSENT TO RECEIVE EMAIL.

If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Company, including customer service issues, new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.

LICENSE.

In consideration for your agreement to the Terms of Service, the Company grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use the Site and related Content subject to the terms and conditions set forth in the Terms of Service or such other terms and conditions as may be set forth on the Site.

SUBSCRIPTION FEES, PAYMENT AND TRIAL MEMBERSHIPS.

Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. The Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the “Your Account” link on the site. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.

Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. Recurring subscription fees paid by credit card will automatically renew, unless you affirmatively cancel your subscription by prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card for the subscription fee. You agree to promptly notify the Company of any changes to your credit card while any subscriptions remain outstanding.

You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.

From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your credit card at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.

ACCESS TO THE SERVICES.

Subject to these Terms of Service, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site, solely for Subscriber’s own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.

SUBSCRIBER CERTIFIES TO THE COMPANY THAT, IF SUBSCRIBER IS AN INDIVIDUAL (I.E., NOT AN ENTITY), THAT SUBSCRIBER IS AT LEAST 18 YEARS OF AGE. Subscriber also certifies that if Subscriber is an entity, all users of Subscriber’s username and password are at least 18 years of age. Likewise, if Subscriber is an entity, you certify that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access to the Site. The Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.

TERMINATION AND REFUND POLICY

You may terminate certain of the Services at any time by notifying the clicking on the “Setting” link. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.

EFFECT OF TERMINATION.

Upon termination of the Subscriber's Account(s), Subscriber’s right to use the Services, access the Site, and any Content as provided in the Terms of Service will immediately cease. All provisions of the Terms of Service, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.

LINKS TO OTHER WEB SITES AND SERVICES.

This Site contains links to other websites. The Company does not endorse these websites, is not responsible for them, and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.

RESTRICTIONS.

Subscriber is solely responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activity are grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Subscriber.