Availability

Although our websites are accessible worldwide, not all products or services discussed, referenced or offered for sale in some of our Stores are available to all persons or in all geographic locations or jurisdictions.

The Elporia Network reserves the right to limit the availability of the Sites and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.

On the other hand, when we use the term, “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit Content for consideration by our Customers and Users.

Use of our Sites is void where prohibited.

Billing

The following terms and conditions represent how we handle billing at the Elporia Network:

You represent and warrant that you have the right to use any debit or credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us or one of our Partners to store and use the card as a payment method for purchases made through your account, including on Elporia affiliated sites and properties which you access via your SocMe Login or you access using your Elporia credentials.

The Elporia Network and or/one of its Partners may participate in account updater services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank.

Please be advised that:

1) All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate billing information is a breach of these Terms of Use and may result in cancellation of your order and depending on the circumstances, law enforcement may intervene.

2) Prior to accepting an order, the Elporia Network may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase.

3) We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or any problems that may be identified by a fraud detection service.

4) If your order is canceled after your credit card (or other payment account) has been charged, the Elporia Network will issue a refund to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. The Elporia Network may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

5) By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges, if applicable and any taxes or VAT that may be owing by the jurisdiction where you reside.

6) You will not be charged for most orders until the order has shipped. Some exceptions may apply. For example when you pay with a Gift Card or PayPal account.

Commercial Use

All of our content, unless an exception has been made, is published using a Creative Commons license which means:

Unless otherwise expressly authorized, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

The buying, exchanging, selling and/or promotion (commercial or otherwise) of upvotes, comments, submissions, accounts (or any aspect of your account or any other account), karma, and/or content is strictly prohibited. These types of actions constitute a material breach of these TOS and other policies, and could result in legal liability.

Customers

As a customer of the Elporia Network, you acknowledge and agree to the following:

You grant to Elporia and our Parters a worldwide, non-exclusive, royalty-free, fully-paid up, transferable and sublicensable right to use, reproduce and store Customer Content for the purpose of performing services on your behalf; improving the Products and Services; and as otherwise provided in our Privacy Policy.

You retain all rights in the Customer Content, subject to the rights granted to Elporia in this TOS agreement.

You may modify or remove Customer Content by accessing and updating your Customer Account.

Customer Content will be irretrievably deleted upon: a) your deletion of Customer Content or b) cancellation, termination or non-renewal of the Customer Account or subscription to any of the Products and Services we are selling or promoting.

Elporia may automatically download and install such updates and upgrades onto your device(s) or notify you of the need to update or upgrade your Products and Services and then you are solely responsible for applying patches that the company or developer has released.

Deliveries

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions that might be imposed by our carrier or as a result of government regulations.

All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

The Elporia Network reserves the right to place products in escrow if someone from outside the region where we normally operate makes a purchase. We do this, especially in the case of high-value items or first-time buyers, in order to give us enough time to verify the identity of the purchaser and to confirm that they are responsible for making the purchase.

Gift Cards

Following is our policy on the use of Gift Cards at the Elporia Network and its websites:

Gift Cards are subject to the same terms and conditions as other methods of payment (see: sub-section on Billing).

Your purchase and use of Gift Cards may be subject to additional terms and conditions that will be spelled out in a separate TOS that accompanies the purchase agreement.

The risk of loss and title to any gift cards passes to the User (purchaser) upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Labeling

While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Elporia Network, particularly for products such as sex toys that may or may not include parody or humor as part of the product listing.

Always read labels, warnings, directions, and other information provided with the product before using or consuming a product. For additional information about a product, please contact the manufacturer.

If you find a product is not as described, your sole remedy is to return it in an unused condition (excluding products that are not eligible for return), in accordance with the Elporia Network Hassle Free Return and Refund program.

It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

Pricing

It is understood and agreed that:

Elporia and/or its Partners reserve the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Elporia and its Partners cannot guarantee that the Elporia Markeplace will be able to fulfill Customer’s orders.

If the Elporia Network and/or its Partners have made an error on one of our sites with an incorrect price or information regarding a product, we reserve the right to refuse or cancel any orders placed for the product or service listed.

Furthermore, the Elporia Network and/or its Partners shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and charged to your credit card. If your credit card has already been charged for the purchase and your order is canceled, the Elporia Network and/or its Partners shall issue a refund (that is, credit to your credit card account) in the amount of the charge.

Merchandise

The Elporia Network offers many different types of goods and services:

– each with different restrictions and requirements, and

– each with the capacity to address the needs of a broad range of customers.

As part of our product offerings, the Elporia Network and/or one of its Partners, makes available listings, descriptions, videos and images of goods and services.

We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, and images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

The Elporia Network may change, suspend, remove, or discontinue certain features or services associated with any Product or Service, or any part thereof, at any time without notice.

Please note: we make every effort to accurately display the attributes of the products we sell. However, you need to realize, if you don’t already, that the size and color you are seeing on your display may differ from the actual size and color of the object in reality. As a result, we are unable to guarantee that the product that you receive will look exactly the same as the product that was viewed on a monitor or device. There will always be a slight discrepancy, especially as it pertains to color. But such differences are unlikely to affect product performance or functionality. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

Orders

It is understood and agreed that:

An order confirmation does not signify our acceptance of your order.

Furthermore, the Elporia Network and/or its Partners shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and charged to your credit card. If your credit card has already been charged for the purchase and your order is canceled, the Elporia Network and/or its Partners shall issue a refund (that is, credit your credit card account) in the amount of the charge.

The Elporia Network and/or its Partners reserve the right at any time – after an order has been submitted and received by us – to accept or decline your order. You will be notified by email if your order has been cancelled, though the Elporia Network and/or its Partners are under no obligation to explain why an order may be declined/terminated.

If your order was cancelled due to a stock outage, you will be sent an email explaining that the product has been placed on back order and you will be given the option to: (a) wait until a new shipment is received; (b) order another item; and/or (c) cancel the order altogether.

Promo Codes

The Elporia Network makes use of promo codes (AKA promotional codes) and they are subject to the following restrictions:

1) Promo codes are limited in nature and may expire or be discontinued with or without notice.

2) Promo codes are void where prohibited by law.

3) Promo codes may not be copied, sold, or otherwise transferred. .

4) Promo codes are not redeemable for cash.

5) Promo codes are subject to cancellation or change at any time, for any reason and with or without notice.

At our discretion, the Elporia Network and its Partners reserve the right to impose additional conditions on the offering of any promotional codes.

Purchases

Prior to making a purchase:

You were adequately informed by the information provided in the Product Listing and Description.

You had ample opportunity to submit questions and receive satisfactory answers.

You were never pressured or rushed into making a decision by a member of the Elporia Network.

The Elporia Network reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.

The Elporia Network also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.

The Elporia Network may change, suspend, remove, or discontinue certain features or services associated with any Product or Service, or any part thereof, at any time without notice.

You understand that if you purchase a product from the Elporia Network or one of its Partners and the product you purchased becomes defective through no fault of your own, you are entitled to a refund, replacement, or repair.

Be sure to check out how the Elporia Network and its Partners handle Returns and Refunds.

If you wish to replace a defective product with another product of higher value, you agree to pay the difference (the overage) of what you originally paid. If the product is replaced with another product of equal or lesser value, no monies will be returned to the Customer.

Affiliates

You need to be aware that the Elporia Network may have a relationship with Third Party Affiliate Marketers for some of the products and services that we feature on our platform:

ANY AND ALL CONTACT WITH A THIRD PARTY OR AN AFFILIATE MARKETER IS MADE AT YOUR DISCRETION AND AT WILL.

WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY PRODUCTS OR CONTENT POSTED ON AN EXTERNAL (NON-ELPORIA OWNED AND OPERATED) WEBSITE.

Furthermore, you need to be aware that Third Party Affiliate Marketers are not employed, much less controlled, by Elporia and its Partners. Nor do they have any direct/indirect relationship with the Elporia Network even though you may have discovered one of our websites by clicking on an Affiliate link.

While the promotional activities of Third Party Affiliates are subject to contractual restrictions, we do not directly supervise, review or endorse any of their practices, and disclaim any and all liability associated with Affiliate Marketing activities.

Our adherence to anti-spamming regulation (take for example, the US-CAN SPAM Act) means that any marketing (of our products) through unsolicited commercial bulk email is strictly prohibited.

Third Party Content

Any links we provide to websites not associated with the Elporia Network, is not to be construed as an endorsement. Nor is it meant to imply that we have carefully and exhaustively reviewed the materials contained on their website(s).

When following a link to a Third Party website, practicing due diligence is your responsibility. For your own protection, once you choose to follow a link to a Third Party website, you are solely responsible for reading that website’s Terms of Service and Privacy Policy before disclosing any Personal Information.

You acknowledge that:

one or more of our Sites may contain links to another (external) website (aka a Linked Website) operated by Third Parties, other than Affiliates or Partners of the Elporia Network.

the Elporia Network and its Partners neither endorse or approve nor are we affiliated with a website that is connected to us through a hyperlink. As a result, the Elporia Network is not responsible for any content that appears on a Linked Website.

the owner of a Linked Website neither endorses nor is affiliated with the Elporia Network and its Partners.

Third Party Sites

In the absence of formal agreements or contracts, the following policy represents our stance vis-à-vis Third Party Sites:

References on the Elporia Network to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

Nor is the Elporia Network and its Partners responsible for the content of any third-party linked website or any link contained in a linked website, including any third-party social media or mobile app platform with which an Elporia Brand or Site may operate or otherwise interact, nor is Elporia and/or its Partners responsible for the acts or omissions of any operator of any such site or platform.

Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).