Terms Of Service
These Terms of Service, “Terms” or “Agreement”) are between DoggyMakers Studio, (“DS,” “we,” “us,” “our” ) and you, an individual user (“user”, “you,” “your,” “yours”), and govern your use of DS owned mobile software application, websites, or extensions that have been made available for download (each, an “App,” and together, the Apps) or on any DS owned website and any related websites or other online properties owned or controlled by DS (together with the Apps, the “Service”).
LAST UPDATE 18/05/2022
- INTRODUCTION AND OVERVIEW
These Terms constitute a legally binding contract between you and DS. By purchasing an emoji personalization service, tapping or similar, registering, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with DS (even if you are using our Apps or Service on behalf of a company). The Agreement includes these Terms.
Read these Terms carefully. The Terms govern your use of the Service and include legal provisions that limit our liability, including an arbitration clause that requires individual arbitration for certain potential legal disputes, where permitted by law. By purchasing a Personalization service emoji, installing a DS product or application or using any portions of the Service, you agree that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
As detailed in the Sections below (and without limiting the express language of these Terms), you:
- agree the App Service is licensed to you, is not sold to you and you may use the Service only as set forth in these Terms.
- agree the Personalization emoji service including the art and the app development is under this contract terms
- Agree that any personalization service that includes a published app on the App Store would be only under the DS accounts and terms.
- agree that by using the Service, you may be subject to separate third-party terms of service and fees, including but not limited to, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
- agree that to the greatest extent permitted by law, DS provides the Apps to you on an “as is” basis without any warranties, and that DS’ liability to you is limited.
- agree that where permitted by law, disputes arising between you and DS will be resolved by binding individual arbitration. By accepting these Terms, you and DS are each waiving the right to a trial by jury or to participate in a class action.
- agree to the DS art policy (defined below in Section 4)
- agree that if you Post or create any Objectionable Content on the Service or otherwise violate these Terms, then DS may, but is not obligated to, take any remedial action that DS, in its sole discretion, deems appropriate, including but it not limited to, suspending or terminating your Account, removing all of your User Content from the Service, and/or reporting you to law enforcement authorities, either directly or indirectly
- CHANGES TO THESE TERMS
We may change these Terms from time to time. You may read the current, effective version of these Terms at any time at this location, or by clicking the Terms link on the DS website.
Any revised Terms will become effective at the time of posting.
BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.
- CHANGES TO THE SERVICE
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to such change for any reason, your sole remedy is to stop using the Service.
- DS WEB SERVICE: PERSONALIZATION EMOJI ILLUSTRATIONS AND APP DEVELOPMENT
DS provides an illustration emoji personalization and app development service available on the DS website. This is a paid service available on order and it always involves a hand made illustration of your pet. The terms and conditions are settled as follows.
4.1. EMOJI ART ILLUSTRATION
DS offers different art styles, including petooney, petalistic, petminimal and petcomic. You (as paid user of the Personalization service) can choose any of those styles for the pet emoji illustration. If you don’t specify any art art style, DS will choose the one that suits better your dog. Those art styles are just representative and can suffer some variations on color and form depending on the pet. DS does not guarantee that the pet will be exactly like the samples shown on the DS website but we will do our best to represent your pet as emoji. The pet illustration can be just the head or the full body depending on the DS art department choice. You can ask for any minor changes of the sketches of emojis illustrated. Minor changes means tasks that take less than one hour of art work like eye lines, color brightness, mouth position.. DS reserves the right to refuse your petition for any design change. The timeline has a standard of 7 business days per emoji illustrated after the reception of your pet photos and your emoji scenario preferences where you will be able to set after the payment. This timeline can suffer some variations due to the emoji line, DS art department volume or your feedback and instructions and in any case, DS will not be penalized for any delay caused by those factors.
4.2 EMOJI APP PERSONALIZATION SERVICE
DS offers a paid service of app development personalization that can include a handmade pet illustration. The service depends on the order and DS reserves the right to do minor variations of the features but it will always include what is advertised on the DS website. This service needs you to define some preferences related to the metadata information like app icon, app description or keywords. All those elements will be provided by you. In the case that you do not provide that information or feedback needed for the app development and publishing, DS will not be obligated to finish the service and either do a refund. The timeline follows the emoji standard (defined on 4.1) plus the app development times that will vary from 30 days (sticker app) to three months (iOS development app). DS commits to maintain the app on the App Store for a year from the publishing date. After that, it will be removed from sales unless you renew it for another year. The app will be published in a free model so anyone can download it. If you want to make a paid app, it will include a new contract involving the financial and taxes issues. DS does not guarantee a free crash users and it will not be committed to solve the app users bugs more than the DS support page.
4.3 OWNERSHIP. APP LICENSE AND EMOJI ART RIGHTS
You hereby grant DS an unrestricted, assignable, sublicensable, royalty-free worldwide license to exploit and use (“Use”) the images, info and content you supply to DS by any means, for the purposes of: (i) advertising, marketing, and promoting DS and the Service; (ii) displaying and sharing your User Content; and (iii) providing the Service as authorized by these Terms. You further grant DS a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of your User Content. DS will be free to use your pet image for any emoji art & marketing idea related to the service. The final emoji illustration or app will be owned by DS and the final art rights of the emojis belongs to DS brand who can’t use the emojis for any other purpose.
You will retain the rights to any imagery you supply to DS like photos or drawings. You would be granting DS a non-exclusive right to use your pet’s imagery as a foundation for the creation of artwork, and in promotional materials solely related to the marketing of the App.
You have the right to use the emoji art for any purpose and DS grants you the full permission for the emoji art illustration service. In the case of app development service, any images used by you for any commercial purpose not directly related to the app or of this agreement – as merchandising – may include the payment of additional fees as royalties. DS will be paid a 15% royalty fee on every sale made of their artwork.
4.4. PAYMENTS AND REFUNDS POLICY
By using this Website or by using our Services, you agree to these Payment Terms.
You are solely responsible for the payment of all taxes incurred in your use of the Service. You are solely responsible for educating yourself and obeying all laws and regulations pertaining to your use of the Service.
DS only accepts payment upfront and through the PayPal platform for the emoji illustrations and app development orders. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under spanish consumer law or other relevant consumer protection laws. But cancellations including refunds can be available before the artwork begins. To place a refund, return or exchange request for an order placed with DS website You would need to contact DS via email at [email protected] In that mentioned case, the refund will be total minus transaction fee expenses. That means that if you cancel before we start the illustration, we’ll refund you the full amount minus transfer fees. If you cancel after, DS will not refund you the payment due the special service based on handmade work.
- DS APP SERVICES
DS provides you with access to any app published under DS or DS board members names on the third party digital platforms: App Store and Google Play.
5.1. YOUR USE OF THE SERVICE
Users shall use the Service on their own responsibility and at their expense and remain responsible for any acts and results thereof associated with their use of the Service, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. DS’s review, approval or selection of the Contents will not relieve the User’s of any of responsibilities hereunder.
DS may take measures that it considers necessary and appropriate, if DS believes that a User is using the Service in a way which violates the Terms of Service. However, DS shall not be responsible for correcting or preventing such violation.
In the case where DS has suffered any loss or damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where DS has been sued for damages by a third party) due to a User’s use of the Service, the User shall immediately compensate DS in accordance with DS’s request.
- Users understand that they must not provide their account password to any other person.
- Users understand that they must not access any DS app or the Service through any other person’s username and password.
- Users will not misrepresent the source, identity of the content transmitted or made available through DS’ apps or the Service.
- Users will not intentionally interfere with or cause damage to the operation of DS apps or the Service or any User’s enjoyment of them, by any means.
- Users will not make derivative works to any content or the identifiers on content without first obtaining the permission of DS. Users will not alter headers or otherwise remove watermarks outside of the DS Apps to disguise the origin of the content.
- Users will not infringe any intellectual property or other proprietary rights of any party.
- Users will not upload, post, email, transmit or otherwise make available any content that they do not have the right to make available under any law or under contractual or fiduciary relationships.
- Users will not upload, post, email, transmit or otherwise publish any content that contains constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation.
- Users will not upload, post, email, transmit or otherwise publish any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Users will not violate any applicable local, state, national or international law, or any regulations having the force of law.
5.2. DS OBLlGATIONS
DS will take reasonable measures to ensure that the service is available to the user but because the service is provided by means of computer and telecommunications systems, DS makes no warranties that the Service will be working at all times, without any interruptions or will be error-free and DS will not be liable for interruptions of the Service or downtime.
Any use of DS apps or the Service is at the User’s own risk and they are provided ‘as is’ and ‘as available’. No warranties are made of any kind. DS disclaims all warranties, express or implied, including any warranties of merchantability, fitness for any purpose or non-infringement of intellectual property. DS makes no representations, guarantees or warrantees as to the quality, accuracy, suitability, truth or completeness of any portion of DS apps or any material or information made available through DS apps or the Service.
- DS reserves the right, at its sole discretion, to change, revise, replace, remove or make any other modification to the Service.
- DS does not guarantee that in-app purchases made by a user or purchases available for download will remain available for any period of time.
- You understand that DS accepts no responsibility for any data loss or corruption.
- DS takes no guarantee that the service will operate in any certain way or on any particular platform, software, browser, or hardware.
- The user is solely responsible for any damage to computer hardware or software or loss of data that occurs as a result of or during the use of any DS apps or the Service regardless of fault, including damage or loss due to viruses, Trojans or other malware.
- DS may scan, access, use, monitor, disclose or preserve information associated with your use of any DS app (including, without limitation, “User-Generated Content”) as is necessary, in DS’s discretion, (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this Agreement or protect the rights of DS, its customers, or
- DS respects intellectual property rights and copyrights. Where DS is notified of a claimed infringement, DS will expeditiously remove or disable access to the allegedly infringing content. Any notifications of claimed copyright should be sent from the contact us page within Ds’ apps or directly from our website Contact Us Form.
5.2 PRICING AND SUBSCRIPTIONS
DS provides you with access to the Service free of charge, but to access full benefits of the service and certain features or functionality, you must purchase subscription-based access to the Service or in the case of paid apps to pay upfront.
You acknowledge and agree that DS may generate revenues, increase goodwill, or otherwise increase the value of DS from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any of your User Content.
We may offer certain portions of our Services at no charge and others for a one-time fee or on a subscription basis or under any other lawful pricing structure. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our mobile applications are limited to the relevant device and/or operating system you are using at the time you purchase a license to use the application.
Users understand and agree that they may be required to pay for certain locked items and locked features if they login with a different Apple ID. Users understand that their purchases are associated with their Apple ID and thus will not be able to access locked content if they are signed with a different Apple ID which was not used to make that original in-app purchase.
You will be able to access unlimited content for the duration of your subscription. Payment will be charged to your iTunes Account upon confirmation of purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that content. We may introduce new pricing tiers. Pricing for other countries may vary and actual charges may be converted depending on the country of residence. The prices are equal to “Apple’s App Store Matrix” which determines the equivalent of the subscription price in USD.
If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
- Auto-renewal. you agree that, once your subscription period expires, your subscription(s) will automatically renew for successive periods equal in length to the immediately preceding subscription period unless and until you cancel your subscription(s).
- Recurring charges. you authorize DS’ applicable service provider to process your payments for any renewal subscription(s). you will be billed for the same subscription plan(s) (or the most similar subscription plan(s), if your prior plan(s) are no longer available) at the then-current subscription price plus any applicable taxes. your payments will be processed for any renewal subscription(s) using the same billing cycle as your current subscription(s). In other words, on whichever day your payment is processed for your current subscription(s), your payment will continue to be processed on that day for any renewal subscription(s). additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. DS may partner with certain mobile carriers to offer you a special discount for the service and the terms of the payment will be subject to such offer.
- Cancellation. you may cancel your subscription(s) at any time through Apple iTunes (through an ios-based device) or google play. DS has no obligation to offer or provide any refund for the cancellation of any subscription, but you can continue to use the subscription service until the end of the subscription period that you paid for.
You acknowledge and agree that some devices may be configured to automatically receive updates. If you enable such an auto-update feature on your device, updates to DS apps may be automatically downloaded and installed on your device. Updates may be used to deliver features and services (including software, content, and data) and may be required for you to fully enjoy all features of DS apps or for continued access to and use of DS apps or the Service.
You acknowledge and agree that you may also receive notifications. You may turn off notifications by going to your device settings. You may also control whether you receive promotional email communications by following the unsubscribe options on such promotional emails and you may control whether you receive promotional text messages from DS by replying STOP to any text message you receive.
THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.
Enforcement Rights. As part of your license to DS, you give DS the right to enforce any copyrights you possess in your User Content against any third parties who copy, reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, or otherwise exploit and use, the User Content without DS’ consent, including by using the Service or otherwise downloading your User Content off of the App or website.
5.5. TERM AND TERMINATION
Users understand that their account may be terminated at any time and without prior notice. They understand that DS may terminate a User’s access to and use of DS apps and the Service, at their sole discretion, at any time and without prior notice.
Where DS determines that a User has breached any of the terms set out in this agreement, it may without any prior notice terminate or suspend their access to their apps, the Service and/or their account.
Users understand that when their account or access to and use of the service is terminated, discontinued, withdrawn or cancelled, all provisions of these terms will continue to be valid and enforceable in accordance with their terms.
Users may cancel their account or access to any DS app or the Service at any time by deleting the app. Upon any termination, discontinuation or cancellation of the Service or their Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Refunds for any purchases made through DS or the Service will be granted at the discretion of DS Except as otherwise permitted by DS, in-app purchases are not returnable or not refundable and cannot be transferred.
USERS ACKNOWLEDGE THAT DS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT USERS WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN THEY CLOSE THEIR ACCOUNT OR WHEN YOU CEASE TO USE THE SERVICE OR ANY DS APP.
5.6. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by DS.
DS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5.7. MOBILE SERVICES
The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may apply to your use of the Mobile Services, and how much your use of the Mobile Services will cost you
DS and Users will remain independent of each other. The relationship between DS and Users are strictly independent and nothing in these Terms of Service will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture, agency employment, company or any other relationship.
Each party will be responsible for covering their respective costs and expenses in performing their duties under these Terms of Service, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and the remainder of these Terms of Service will continue in full force and effect.
We make a significant effort to provide the best service we are able to, but we make no promises, representation, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.
Neither DS nor its affiliates (collectively, ”DS“) make any warranties or representations about the service and any content available on the service, including, but not limited to, the accuracy, reliability, completeness appropriateness, timeliness, or reliability thereof. DS will not be subject to liability for the truth, accuracy, or completeness of any content on the service, or for errors, mistakes, or omissions therein, or for any delays or interruptions of the data or information stream from whatever cause. As a user, you agree that you use the service and any content thereon at your own risk. you are solely responsible for all content you upload to the service.
DS does not warrant that the service will operate error free, or that the service and any content thereon are free of computer viruses or similar contamination or destructive features. If your use of the service or any content thereon results in the need for servicing or replacing equipment or data, no DS party will be responsible for those costs. The service and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, to the greatest extent permitted by law DS disclaims all warranties thereto, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.
You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
- LIMITATION OF LIABILITY
DS does not expressly or impliedly guarantee that the Service (including the Program) are free from any de facto or de jure defects (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, security-related faults, errors, bugs, or infringements of rights). DS shall not be responsible for providing the Service to Users without such defects.
DS shall not be liable for any damages incurred by Users in relation to the use of the Service, including, but not limited to, any measures taken by DS in accordance with Terms of Service.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL DS, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, ” DS PARTIES”) SHALL NOT BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY.
To the maximum extent permitted by applicable law, DS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. The total cumulative collective liability of DS for all costs, losses or damages from all claims, actions or suits however caused or arising from or in relation to the service will not exceed the greater of one hundred euros (100€). The foregoing limitation of liability shall apply to the fullest extent permitted by law.
In no event shall DS be liable for any unavailability or inoperability of the application, apple or google technical related issues, server issues, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of DS. In no event will DS be liable for any indirect, incidental, consequential, personal injury / wrongful death, special or exemplary damages, including but not limited to, loss of profits or marketing fee or loss of business.
Any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release DS and DS parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- GOVERNING LAW AND DISPUTE REGIME
These commercial and shall be governed by its own clauses or, in what was not contemplated therein, by the provisions of the spanish provisions contained in the Commercial Code, Special Laws and Commercial Uses. To the extent a claim, dispute, or controversy arises out of or in connection with these terms or your use of the service that is not subject to mandatory arbitration both you and DS agree that all such claims and disputes will be litigated exclusively in the Spanish Courts and Courts of Santiago de Compostela, Spain (EU member). If that court would lack original jurisdiction over the litigation, then such claims and disputes will be litigated exclusively in the Courts of Santiago de Compostela, location to be specified by DS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We control and operate the service from DS’ offices in Santiago de Compostela, Spain. DS makes no representation that materials on the service are appropriate, lawful, or available for use in any locations other than Spain. Those who choose to access or use the service from locations outside Spain, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the service from jurisdictions where the content or practices of the service are illegal, unauthorized, or penalized is strictly prohibited.
If you would like to contact DS in connection with your use of the Service, you may reach out by email at info @ DOGGYMAKERS. COM