Effective Date of Current Terms of Use: December 1, 2017
Welcome to the Eros Fine Goods website (the “Site”). Please read the below terms carefully, because your use of the Site constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Site. Eros Fine Goods, in its sole discretion and without notice to you, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them on this page. By visiting the Site, you agree to accept any such changes.
Availability of Merchandise
Availability of merchandise may vary. Some items may be available only in limited quantities or only while supplies last. Display of an item on erosfinegoods.com is not a guarantee that the item is currently in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to the Site, or if you have any questions concerning the availability of a particular item, please contact us at hello@erosfinegoods.com.
Display of Merchandise
Eros Fine Goods makes every reasonable effort to display our merchandise on the Site as accurately as possible. Various factors, including the display and color capabilities of your computer or mobile device screen, may significantly affect what you actually see on your screen. Eros Fine Goods is not responsible for the display of any color, texture or detail of its merchandise on your computer or mobile device screen and cannot guarantee the accuracy thereof.
Intellectual Property
Eros Fine Goods LLC, its licensees, sub-licensees, website content suppliers, and licensors, own all copyrights, trademarks, trade dress, and intellectual property. The use or misuse of the trademarks or any other intellectual property is expressly prohibited and may be in violation of state and federal law.
Your Account
It is your sole responsibility to maintain the confidentiality of your email address, password, and any other account identifiers related to any personal account you created on our Site, and for restricting access to your computer(s) or mobile device(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account.
User Content
Any comments, suggestions, ideas, reviews, and other submissions (“User Content”) that you send to Eros Fine Goods are provided on a non-confidential basis. By submitting User Content, you are granting Eros Fine Goods an irrevocable, royalty-free, perpetual, worldwide, and fully sublicensable license to reproduce, publish, modify, adapt, translate, create derivative works from, and otherwise use in whole or in part you Use Content for any purpose in any media, whether now or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Eros Fine Goods the right to use your name and likeness in connection with any such use of User Content submitted by you, but we will not be obligated to identify you in connection with any such use. You agree that no User Content submitted by you to the Site will violate any right of any third party. You also agree that no User Content submitted by you to our Site will be or contain material that is false, misleading, libelous, unlawful, abusive, indecent, or obscene. You agree that you will remain responsible for the content of any User Content submitted by you.
We may review, remove, reject, or revise User Content at any time, without prior notice, and in our sole discretion. By accessing erosfinegoods.com, you agree not to use our Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, or inflammatory material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Eros Fine Goods Site or would otherwise violate the law. Eros Fine Goods reserves the right to take such action as we deem appropriate in cases where our Site is used to disseminate such materials.
Your Right to Use the Site
You are authorized to use the Site only for personal, non-commercial purposes. By accessing our Site, you agree not to use the Site in any way that is prohibited by these Terms of Use, including by using the Site in a way that is illegal or could give rise to civil liability or that could violate the security of the Site or otherwise cause injury to Eros Fine Goods or any other party. Eros Fine Goods reserves the right to take such action as we deem appropriate to enforce our rights under these Terms of Use.
Accuracy of Information
Eros Fine Goods will use reasonable efforts to include accurate and current information on the Site. However, there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, and other matters. Eros Fine Goods reserves the right to correct any errors and to update the Site information at any time (including after you have submitted an order).
Indemnity
You agree to defend, indemnify and hold harmless Eros Fine Goods LLC, its directors, officers, employees, agents, and affiliates from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, if any materials you post on or through the Site result in a third party claim that any information or material you provide infringes a third party proprietary right.
Dispute Resolution
Any legal dispute between you and Eros Fine Goods concerning or arising out of your use of the Site, any products or services sold or distributed through the Site, or any other dispute or any nature, shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provisions, and any legal suit, action, or proceeding shall be instituted in any United States federal court or state court located in the state of Illinois in the City of Chicago and County of Cook. You irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Miscellaneous
The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Eros Fine Goods’ right to require strict observance of each of the terms herein. If any provision of the Terms of Use is deemed to be illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.
Eros Fine Goods may terminate these Terms of Use and deny you access to the Site at any tie, immediately and without notice, if in Eros Fine Goods’ sole discretion, you fail to comply with any term or condition contained herein.