Terms

 

Elliel™ provides a personalized subscription service that allows our members to access OTT content like movies, documentaries, podcasts, music, and TV shows, web series (“Elliel™ content”) streamed over the Internet to certain Internet-connected mobile devices, Smart TVs, computers, and other devices (“Elliel™ ready devices”). Elliel™ also provides independent artists, charities, and non-profit to run campaigns otherwise known as Fundraisers. The user on the Elliel™ services can unlock exclusive content by subscribing to the services and help the artists, charities, and non-profits raise funds for their campaigns.

These Terms of Use govern your use of our service. As used in these Terms of Use, “Elliel™ service,” “our service” or “the service” means the personalized service provided by Elliel™ for discovering and watching Elliel™ content, including all features and functionalities, recommendations and reviews, the mobile application(s), the website, and user interfaces, as well as all content and software associated with our service.

  1. Membership
    1. Your Elliel™ membership will continue until terminated. To use the Elliel™ service, you must have Internet access and an Elliel™ ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee to your Payment Method for the next billing cycle (see “Cancellation” below).
    2. We may offer several membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Elliel™ membership by visiting our mobile application or website and clicking on the “Account” link available at the top of the pages under your profile name.
  2. Promotional Offers We may, from time to time, offer special promotional offers, plans, or memberships (“Offers”). Offer eligibility is determined by Elliel™ at its sole discretion, and we reserve the right to revoke an Offer and put your account on hold if we determine you are not eligible. Members of households with an existing or recent Elliel™ membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Elliel™ membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offers or in other communications made available to you. The offers may also include “Early Birds Offers,” which give special discounted prices to our members.
  3. Donations & Campaigns
    1. Elliel™ offers its users to donate and help independent artists, charities, and non-profits to raise funds on our platforms through campaigns. As a user, you can support these campaigns in various ways, including but not limited to one-time donations, monthly donations, or annual donations. The donation subscription is controlled and managed by our payments providers, as mentioned in our Privacy Policy. The payments for these campaigns are processed by our payment provider(s). There is a lot of exclusive content available on the web by independent artists, and by donating, you’re helping them raise funds for their next project. We have various campaigns that focus on supporting charities, homeless people, strays, and more. You, as a user, are the voice of the Elliel™ platform and its services. Our official non-profit partner is mentioned under Elliel™ Ventures (https://www.ellielapp.com/legal/corps).
    2. Elliel™ offers a great way for users who support the campaigns. Unlike any other platform. Our OTT services and the Elliel™ content is not only limited to a subscription but can also be unlocked by supporting the campaigns with one-time donations or recurring donations. With these donations, you can also unlock exclusive Elliel™ content and special feature that are not available with the Elliel™ membership. The donations on the Elliel™ platform are governed by law and are managed by a fully incorporated non-profit, as mentioned above.
  4. Billing and Cancellation
    1. Billing Cycle: The membership fee or donations for the Elliel™ service or campaigns respectively and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you chose when you signed up for the service or while donating to a campaign. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Open the mobile application and click on the “Subscription Details” under the “Account” section in the mobile application or website to see your next payment date. Elliel™ usually makes it possible to charge membership fees between the 1st and 10th of every month following on a pro-rata basis. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up for Elliel™ using your account with a third party as a Payment Method, you could find the billing information about your Elliel™ membership by visiting your account with the applicable third party.
    2. Payment Methods: To use the Elliel™ service and unlock its exclusive content, you must provide one or more valid Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee or donations. You remain responsible for any uncollected amounts. If payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
    3. Updating Payment Methods: You can update your Payment Methods by going to the “Account” section in the mobile application or website. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
    4. Cancellation of Membership: You can cancel your Elliel™ membership at any time, and you will continue to have access to the Elliel™ service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unwatched Elliel™ content. To cancel, go to the “Account” section in the mobile application or website, and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Subscription Details” on the “Account” section of the mobile application or website. If you signed up for Elliel™ using your account with a third party as a Payment Method and wish to cancel your Elliel™ membership, you may need to do so through such third party, for example, by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Elliel™ service through that third party.
    5. Cancellation of Recurring Donations: You can cancel your Elliel™ recurring donations at any time. The recurring donations for the campaigns on the Elliel™ by any means have nothing to do with your membership. The membership for the platform is separate from that of the recurring donation for the campaigns. To the extent permitted by the applicable law, payments for donations are non-refundable, and we do not provide refunds or credits. To cancel your recurring donations, go to the “Account” section in the mobile application or website, and follow the instructions for cancellation. If you signed up for Elliel™ using your account with a third party as a Payment Method and wish to cancel your Elliel™ recurring donations, you may need to do so through such third party, for example, by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Elliel™ service through that third party.
    6. Changes to the Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
  5. Elliel™ Service(s)
    1. You must be at least 13 years of age to become a member of the Elliel™ service. Minors may only use the service under the supervision of an adult. The content on the Elliel™ platform is family-friendly.
    2. The Elliel™ service offers independent artists, charities, and non-profits to run fundraiser campaigns as per their requirements. The campaigns run on the platform as moderated and then approved for the public. Elliel™ verifies the authenticity of these campaigns along with proper documentation and all legal requirements. Any user can support these campaigns by donating one time or signing up for recurring donations. The donations on the Elliel™ platform are governed by law and are managed by a fully incorporated non-profit, as mentioned above.
    3. The Elliel™ service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Elliel™ membership, we grant you a limited, non-exclusive, non-transferable right to access the Elliel™ service and view Elliel™ content and other exclusive content. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances until approved by us in written format with legal procedures.
    4. You may view the Elliel™ content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified in the “Account” section.
    5. Re-distribution of Elliel™ content is strictly prohibited. The content available on the Elliel™ platform is exclusive and should not be available to the public or anywhere else unless provided by in-written physically or digitally copyright ownership to do so. Any recording, piracy, or distribution of Elliel™ will result in legal actions as required by law and our terms.
    6. The Elliel™ service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, mobile application(s), user interfaces, promotional features, and availability of Elliel™ content. You can turn off tests participation at any time by visiting the “Account” section and changing the “Test Participation” settings.
    7. Some Elliel™ content is available for temporary download and offline viewing on certain supported devices (“Offline Titles“). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles, and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries, and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
    8. You agree to use the Elliel™ service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Elliel™ service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Elliel™ service; use any robot, spider, scraper, or other automated means to access the Elliel™ service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Elliel™ service; insert any code or product or manipulate the content of the Elliel™ service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Elliel™ service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
    9. The quality of the display of the Elliel™ content may vary from device to device. It may be affected by a variety of factors, such as your location, the bandwidth available through, and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD, or HDR, and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD, and HDR content. The minimum connection speed for SD quality is 2.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 4.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 16.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Elliel™ content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected, and the configuration of your Elliel™ ready device.
    10. Elliel™ software is developed by, or for, Elliel™, and Ventures and may solely be used for authorized streaming and viewing of Elliel™ content through Elliel™ ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Service may require third-party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of the Elliel™ software and related third-party software.
  6. Passwords and Account Access The member who created the Elliel™ account and whose Payment Method is charged (the “Account Owner“) is responsible for any activity that occurs through the Elliel™ account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Elliel™ ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Elliel™, or our partners from identity theft or other fraudulent activity.
  7. Warranties and Limitations on Liability The Elliel™ service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect, and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
  8. Class Action Waiver WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ELLIEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Elliel™ agree otherwise, the court may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
  9. Miscellaneous
    1. Governing Law These Terms of Use shall be governed by and construed in accordance with the laws of Romania.
    2. Unsolicited Materials Elliel™ does not accept unsolicited materials or ideas for Elliel™ content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Elliel™. Elliel™, however, check and moderate content from time to time to make sure it’s family-friendly.
    3. Customer Support To find more information about our service and its features or if you need assistance with your account, please contact support via the website or mobile application(s). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer or device. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
    4. Survival If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
    5. Changes to Terms of Use and Assignment Elliel™ may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you, including our associated rights and obligations, at any time, and you agree to cooperate with us in connection with such an assignment or transfer.
    6. Electronic Communications We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration.

User Registration

You may be required to register with the website(s) or any Elliel™ related services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable, and have full right to termination of your account under any of the following but not limited to Prohibited Activities.

Prohibited Activities

You may not access or use Elliel™, and/or any related services, sales, marketing, or events (we refer to them collectively in this privacy policy as the “Services”). The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing physically or digitally. As a user of Elliel™, you agree NOT to

  1. Re-distribution any content from Elliel™. The content available on the Elliel™ platform is exclusive and should not be available to the public or anywhere else unless provided by in-written copyright ownership to do so. Any recording, piracy, or distribution of Elliel™ will result in legal actions as required by law and our terms.
  2. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  3. Use the Services to advertise or offer to sell goods and services unless provided by in-written consent under the applicable service law. 
  4. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Services.
  7. Defraud, trick, do phishing, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Elliel™ Services or any other related service(s) under the Elliel™ Networks.
  11. Attempt to impersonate another user or person or use the username or account of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Services in order to harass, abuse, or harm another person.
  14. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  16. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the platform’s, website(s) or any related Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
  22. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  23. Use the Services in a manner inconsistent with any applicable laws or regulations.
  24. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

 

Right to Termination

Elliel™ reserves full ownership to terminate any account at any point in time as and when required. The majority of account termination may include the following reason(s):

  • when found any fraudulent activity in your account;
  • when found that you’re exploiting our service(s) both mobile, web or by any other means;
  • when found that you’re disregarding the https://www.ellielapp.com/legal/terms of our platform;
  • when found any hack attempts, piracy of the content on our platform, or exploiting bugs on Elliel™, and its service(s);

The termination of account is not subject to be limited on the above-mentioned reasons but also to any method or means that may try to exploit our services or harm our network.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • use of the platform and its services;
  • breach of these Terms of Use;
  • any breach of your representations and warranties set forth in these Terms of Use;
  • your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • any overt harmful act toward any other user of the Services with whom you connected via the platform or its services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR;
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

 

 

LAST UPDATED: September 8, 2021