ELA END USER TERMS AND CONDITIONS

 

Effective Date: August 1, 2018

 

 1. Introduction

    1.1 We are Ella Entertainment Limited. Our company information is at the end of this document.

 

 2.  Definitions

    2.1 Capitalised terms have the following meaning in these terms and conditions

  • “App” – the ela TV / ela IT and ela Music / ela Books mobile applications and any related services supplied by us.

  •  “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

  • “Content” - all information of whatever kind (including films, books, music, advertisements, reviews and comments) uploaded to our Service.

  • “Credits” – any funds held in your wallet within the App.

  • “Review” - any review, comment or rating.

  • “Service” – our App.

  •  “Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).

  •  “Store Rules” – any applicable rules, policies or terms of the relevant Store.

  • “User” - persons or organisations using our Service (whether or not registered with us).

 3. Applicability of terms and conditions

   

    3.1 Please read these terms and conditions carefully. They replace any previous versions. By downloading our App or using our Service                   you  agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy .             specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Service in future. These                       terms and conditions are available in the English language only.

    3.2 These terms and conditions apply to all Users.

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    3.3 These terms and conditions constitute an “end user licence agreement” between you and us (not the Store) in relation to our App and,            in addition, you agree to be bound by the Store Rules.

 4. Changes to the terms and conditions

4.1  We may change these terms and conditions [AT1] by giving notice by email, SMS and/or in-app message. You will be bound by the                    revised agreement if you continue to use our Service following the effective date shown.

 5.  Forming a contract with us

   5.1 By downloading our App, you enter into a legal contract with us.

 6. Right to cancel (“cooling off”)

   6.1 If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set               out below.  However, you lose the right to cancel where the supply of digital content began before the end of the cancellation period               with your specific agreement and you acknowledged that your right to cancel would be lost in such case. If you do have the right to                 cancel, please see the further information at the end of this document.

  7. Your right to use our Service

  7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions and in accordance with the Store Rules.

  8. Who can use our Service?

   8.1   You must not use, or attempt to register on, our Service if:

         a)                    you are below 18 years of age; or

         b)                   display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you                                            are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material                                   at all or because you are under the relevant age limit in that country).

 

   8.2    If you have registered for our Service and are a parent or guardian, you may allow your children aged 13 and upwards to use those                  parts of our Service which are specifically geared towards children on the basis that you are solely responsible for assessing whether              the relevant Content is appropriate for the child and that you carefully supervise the child’s use of the Service.

  9. Acceptable use of our Service

        9.1 You agree that you will not in connection with the Service:

                     a. breach any applicable law, regulation or code of conduct;

                     b. upload any Content (including links or references to other content), or otherwise behave in a manner, which:

  • is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;

  • infringes any intellectual property or other rights of others;

  • involves phishing or scamming or similar; or

  • we otherwise reasonably consider to be inappropriate;

                     c. upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have                             obtained that person’s explicit written consent or you are the parent/guardian of such person;

                     d. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;

                     e. use the Service for any commercial or non-private purposes;

                     f.  use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;

                     g. do anything which may have the effect of disrupting the Service including  worms, viruses, software bombs or mass mailings;

                     h. do anything which may negatively affect other Users’ enjoyment of the Service;

                      i. gain unauthorised access to any part of the Service or equipment used to provide the Service;

                      j. use any automated means to interact with our systems excluding public search engines; or

                         attempt, encourage or assist any of the above.

 

        9.2   You must promptly comply with any reasonable request or instruction by us in connection with the Service.

 

        9.3   You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update                     it so that it remains so.

  

  10. Your Content

 

  10.1   You are responsible for your Content (meaning Content uploaded by you).

 

  10.2   You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated                  by the Service and these terms and conditions.

 

  10.3    If you post a review, you promise that you have no personal or business relationship with the entity, product or service being                             reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the review and that the                         review is your independent, honest, genuine opinion.

 

  10.4   We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other                relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe              that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may                    have been committed, or where required by law or where requested by the police or other appropriate authorities.  If so, you must                 not attempt to re-publish or re-send the relevant Content.

 

  10.5   It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if                your Content is misused by others as this is outside our reasonable control. Do not upload any Content if you are concerned that it                  may be misused.

 

  10.6  We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.

 

   11.   Other peoples’ services / advertising / websites

 

   11.1  We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we                   legally responsible for, any of these.  You use them at your own risk. 

   12. Your account

      12.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You must                       not authorise or permit any other person to use your account except for your children, as explained above. You must take                                 reasonable care to protect and keep confidential your password and other account or identity information. You must notify us                           immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are                 responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

   13. Payment

      13.1  While parts of our Service are available to Users free of charge, certain premium Content is available only to Users who pay.                                Payment is in advance. The prices shown on our website include any applicable VAT unless we say otherwise.

 

      13.2  Unless otherwise stated, payment must be made from Credits held in your wallet within the App. There must be sufficient Credits                     in your wallet to cover your purchase. Your wallet can be topped up by credit card, voucher codes or any other methods we                               specify. Credits can only be used to buy our premium Content. We do not provide any cash or refunds for Credits (except as                               required by law). Credits are for your personal use only. You must not sell or transfer them or make them available to anyone else                  or attempt to do so or encourage anyone else to do any of these things. We may restrict access to or delete Credits if the Credits                       were awarded in error; or if a payment for Credits is charged back or otherwise cancelled or reversed.

      13.3   You can only use the same wallet on our different Apps if you have registered for both Apps via the same account.

      13.4  If you use a coupon code to top up your wallet: Codes and are not transferrable or redeemable for cash. They can only be used                       once. We reserve the right to reject any code if we consider that it is being used in breach of these terms. Codes are subject to any                   additional specific terms and conditions which are specified at the point of issue.

 

      13.5  If we have mis-priced any part of our Service, we are not obliged to supply the Service provided we notify you. If we do notify you,                    then you can decide if you want continue with the Service at the correct price but, if you do not, we will provide a full refund of any                  payments already made.

 

      13.6  You must contact us immediately with full details if you dispute any payment.

 

      13.7  The App is compatible with applicable mobile devices and associated operating systems (OS’s) which have been released as at the                   date we launched the App (or as at the most recent App update). We do not guarantee that the App is or will be compatible with                       any other devices or OS’s. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all                 until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your                                       responsibility  to frequently monitor for App updates and to install them as soon as they become available.

    14.  Important – removal of your access to premium Content and of Credits in your wallet

    14.1  Rental films are available for viewing for 48 hours from the moment you click on the “play” button, following which they will be no                     longer be available.

 

    14.2  Our premium Content including rental films and downloaded music or books (as well as any associated Content such as playlists                       created by you) are only available within our App. Once this contract ends (see below), they will be deleted.

 

    14.3  Credits in your wallet will also be deleted when the contract ends.

    15.  Functioning of our Service

     15.1   We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to                    suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service                              provided these don’t have a seriously negative affect the Service.

 

    16.   Ending or suspending this contract

     16.1   You may at any time end this contract by deleting all copies of the App and emailing us to the email address shown at the end of                      this document requesting closure of your account. (This doesn’t entitle you to a refund unless you have Consumer “cooling off”                          rights, explained above.)

     16.2  We are entitled at any time end this contract by email notice and/ or by SMS and/or in-app message without refund if we terminate                  our Service as a whole.

     16.3  We are entitled at any time (with or without notice) to end this contract without refund by banning you or to suspend part or all of                   our Service or impose restrictions on our Service if:

                                      a)   we have reason to believe that you have breached our terms and conditions;

                                      b)   any fees due to us are unpaid / unjustifiably charged back;

                                      c)    we think that it is necessary to protect us or others; or

                                      d)   we are required to do so by law or appropriate authority.

     16.4  If this contract ends: Your right to use our Service and all licences are terminated. As explained above, all Premium Content and                         unused Credits will be deleted. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended                 to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we                         have given you notice of termination.

      17.  Liability

     

      17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury  or for                         fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to                 us includes our employees and agents.

 

      17.2  Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

               

                a)     there is no breach of a legal duty owed to you by us or by any of our employees or agents;

                b)     such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not                                      contemplated by you and us at the time we entered into this contract);

                c)      such loss or damage is caused by you, for example by not complying with this agreement; or

                d)     such loss or damage relates to a business of yours.

       17.3 Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this                                                             agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

      17.4 . The following applies where you downloaded the App from the Apple App Store:

                      a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the                              purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other                                      warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses                              attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions. 

 

                      b)  We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-                                      user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App                                  fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or                                      similar legislation.

        18.  Intellectual property rights

         

        18.1 The intellectual property rights in all material used on or in connection with our Service (including films, books and music) are                           owned by us or by our partners or suppliers. For your personal use only (or that of your children as explained above), you may                         view / download such material on your device.  You must not otherwise use or share such material including copying, selling or                         adapting it or taking extracts from it without our specific prior written consent.    

 

        18.2  Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior                     written consent.

 

        18.3  You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent                        copying of Content or which restrict use of Content.

 

       18.4  You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You .                   must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties.                        You must take reasonable steps to ensure that our software is not disclosed to any third party.

 

       18.5  In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual                           property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such                       intellectual property infringement claim.

       19.  Privacy

               

              19.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and                             cookies policy [link] which is subject to change from time to time.

 

       20.  Events outside our control

              20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is                                caused by any circumstances beyond our reasonable control including third party telecommunication failures.

 

        21.  Legal compliance

              21.1 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated                         by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited                         or restricted parties. (This clause is required by Apple, Inc.)

 

        22. Transfer

            22.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your                        rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or                        duties under it without our prior written consent.

 

        23.    English law

            23.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  You may be                         entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service                          can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.

 

        24. General

           24.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless                                    otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either                        party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be                                  enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall                                continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as                      expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing                        in this agreement constitutes any party as agent, employee or representative of the other.

 

        25. Complaints

           25.1 If you have any complaints, please contact us via the contact details shown below.

 

Company information

Company name: Ella Entertainment Limited

Trading name: ela TV, ela IT, ela Music, ela Books

Country of incorporation: England and Wales.

Registered number: 09354948

Registered office: Tunbridge Flat 23 St. John Street, London EC1R 4TT

Main trading address: 195 Holloway Road, London N7 8DJ

Contact email address: app@ellatv.co.uk

 

 

 

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© 2018 Ella Entertainment LTD

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