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These are official terms and conditions that form a legally binding agreement between you and SKY NETWORK, s.r.o., a company registered and existing under the laws of the Czech Republic, with registration number 056 48 246, having its registered seat at Krakovska 1366/25, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, inset 268290 (“we”, “us,” “our,” or any other first-person plural pronouns; the “Provider”), the Provider of the website located at erogames.com, regarding your use of the internet website located at erogames.com (the “Website”). The Provider provides the services on its Website subject to the Terms of Service on this page, and by using the Website, you agree to these Terms of Service. Please read them carefully.
When using the Website, you are subject to any and all posted rules, community guidelines, statements or policies, including our Privacy policy. Such rules, guidelines, statements, policies and other legal notices published on the Website, are hereby incorporated by reference into these Terms of Service (hereinafter referred to as “Terms”) and shall constitute the entire agreement between you and the Provider.
Through the Website and under the conditions stipulated in these Terms, the Provider allows and enables users of the Website to play online web browser games and visual novels, download gaming application into their mobile phone or download and install a game into their computer, etc., with adult content, including sexually explicit images, cartoons and drawings.
By accessing the Website, you certify that:
The Website is for your personal use and must not be used for commercial purposes. Any illegal and/or unauthorized use of the Website is prohibited.
To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portions of the Website. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Website is illegal and a breach of these Terms.
Some content and game features on the Website is available to users free of charge and some content and game features is only available to users who have paid for it (e.g. visual novels and certain game features). Upon request user who has purchased Erogold (as defined hereunder) may obtain access to his billing records regarding charges of his use of the Website. You may be first required to provide information sufficient to confirm the applicable account belongs to you.
You acknowledge and agree that, in order to access content of the Website, we may (i) require you to create a user login account for the Website; and/or (ii) you have to purchase Erogold. You acknowledge and agree that your user account may not be continuously accessible and its availability is subject to regular hardware or software maintenance. The Provider reserves the right to terminate your user account at any time for any reason at his sole discretion.
The Website, including without limitation, all content, media and materials, all Website‘s software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Content") and the trademarks, service marks and logos whether or not registered contained therein ("Marks"), are owned by or licensed by the Provider and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions.
You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of the respective owners. You may not for any reason, at any time remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Website.
You may purchase a credit in the form of our virtual currency (“Erogold”) at https://erogames.com/fr/acheter-erogold to get access to certain features of the Website. All prices are displayed in dollars on the Website for each service. You agree that we reserve the right to charge for our services and to change our rates from time to time at our sole discretion, with prior notice to you.
At the time of purchase of Erogold, you must select a payment method. We accept following payment methods: Epoch, Segpay, Payscout, Coinpayments, constantpos. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your credit card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder and bank fees may be charged to you subject to the selected payment method.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
We do not provide cash refunds. We do, however, at our sole discretion grant credits in the form of Erogold to resolve customer service issues. The billing system used by Provider or our authorized agents provides extensive credit card fraud protection measures and the Website includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment.
In addition, in the event where we terminate your account, you may not claim a refund for any unused credit, Erogold, coins or games. ALL EROGOLD, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE, IN FULL OR IN PART, FOR ANY REASON WHATSOEVER. EROGOLD HAS NO MONETARY VALUE AND MAY NOT BE CONVERTED INTO CASH.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
PROVIDER PROVIDES ITS SERVICES “AS IS” AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:
IN ALL CASES, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Given the nature of the content and the purpose of the service, and as per the provisions of respective articles of the Act No. 89/2012 Coll, the Civil Code (“Civil Code”), mainly S. 1837, the user does not have a right to withdraw from the Agreement after he access the content and expressly waives his right to withdraw so that the service may begin before the end of the legal withdrawal ‘cooling-off’ period under S. 1829 of the Civil Code.
You agree that these Terms, your use of the Website, as well as any claim relating to, arising out of, or in connection with these Terms and your use of the Website, shall be governed by the laws of the Czech Republic without regard to conflict of law provisions. You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms or your use of the Website by engaging in amicable consultations with the Provider for no less than thirty (30) calendar days. Those amicable consultations shall commence upon Provider’s receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of the Provider: SKY NETWORK, s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic.
a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (“Arbitration Court”), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by the Provider. The resulting arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Prague, Czech Republic. The proceedings shall take place in Prague, Czech Republic, and the language of arbitration shall be Czech.
b) if the dispute cannot be resolved by amicable consultation and you are a consumer, i.e. any person who enters into a contract with the Provider outside his business or outside his independent occupation or deal with him in a different way, you may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Czech Trade Inspection Authority (www.coi.cz).
The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes arising from contracts on service provision concluded on-line between a consumer with residency in the European Union (“EU”) and a trader established in the EU.
The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Provider’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to amend these Terms at any time and for any reason, without advance notice to you. Although we may attempt to notify you when major changes are made to these Terms, you are advised to periodically review the most up-to-date version of these Terms on this page, so that you are aware of any changes. Once we make the new Terms available, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the changes. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.
In case you are a consumer, you represent and warrant to us that we provided you with information to the extent required by applicable consumer protection legislation in advance before entering into a contract. When entering into a contract you agree with the use of distance communication means and you acknowledge and agree that you are solely responsible to pay all possible costs of such communication that may arise on your side. The agreement is concluded for an indefinite time period, you may terminate the contract at any time for any reason by canceling your user account or by leaving the Website. In case you have purchased a paid content, you have a right to submit a warranty claim to the Provider and the Provider is obliged to accept this claim and deal with it. The claim must be submitted to the Provider without undue delay, no later than within two months from the date of the defective provision of the service. The Provider is obliged to deal with the claim without undue delay within one month from submission of the claim. If the Provider finds the claim justified a consumer shall be entitled to have the service brought into conformity, to receive a proportionate reduction of the price, or to terminate the contract in case the lack of conformity is not minor.