Terms and Conditions
Terms and conditions
TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the Elohim film ® website located at Elohimfilm.com and all associated sites linked to Elohimfilm.com, its subsidiaries and affiliates (the "Site" ). The site is owned by
New World Tecnology Sagl, Corso San Gottardo 54°, Chiasso (CH).
BY BROWSING THE SITE, YOU ARE ACCEPTING THESE TERMS OF USE, IF YOU DO NOT AGREE, DO NOT USE THE SITE.
GENERAL CONDITIONS
Upon completion of the Registration process, the user will be able to proceed with the rental or purchase of digital content. By registering, the user declares to have read the privacy information on the Site and to have accepted the general contract conditions.
The Conditions applied to users who register on the site are those viewed by the user and published on the same. Elohim film ® reserves the right to update and/or modify these conditions relating to digital content and use of the service at any time.
These conditions do not govern the sale or rental of digital content on the Site by Third Party Sellers. Before carrying out transactions with Third Party Sellers it is necessary to check their respective conditions of sale. Elohim film ® is not responsible for the sale or rental of digital content made by Third Party Sellers.
AVAILABILITY OF SERVICES
The availability of content on the Services, including Products, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, schedule rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
ACCESS TO SERVICES / SYSTEM REQUIREMENTS
To access the Services, you must have access to the World Wide Web, either directly or through devices that access web-based content, and you must pay all service fees associated with your access account. Not all features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available unless your computer or mobile device meets the minimum technical requirements presented when you first registered with the Services. Services. As we make changes to the Services, the minimum technical requirements for accessing the Services may change. You are responsible for determining whether your computer meets the minimum technical requirements before registering to access the Services. Additionally, if we change the minimum technical requirements after you initially registered to access the Services such that your computer no longer meets the requirements, your exclusive remedy shall include termination of your access to the Services pursuant to the provisions of this Agreement .
Additionally, access to some of the Subscription Products is limited to residents of certain geographic territories and may be changed at ELOHIM FILM®'s discretion.
In order to access and use the Elohim film ® Service, the user must have a broadband Internet connection, i.e. high speed at least 1Mb/s, as well as an Enabled Device.
If the Service is used from other devices, the application that allows access to it must be installed. Elohim film ® reserves the right to remove or add the application from Enabled Devices for technical reasons that do not guarantee correct use of the Service. In this case, no refund will be due to the user for any purchased digital content which will continue to remain available in their Elohim film ® Account and usable from any other Enabled Device.
All Services are present in order to guarantee their use in compliance with the law. In consideration of the fact that the correct use of digital contents and their viewing quality depend on the existence of system requirements, Elohim film ® assumes no responsibility for any problems that depend on the lack or insufficiency of some system requirements.
YOU MUST AGREE THAT:
Digital contents can be enjoyed from all devices on the basis of what is defined by the digital content supplier and through the specific Elohim film ® app;
Some digital content can be Rented but not Purchased and vice versa.
RENTAL: The product can be used for 48 hours following the time of payment
PURCHASE: The purchased product will be usable "forever" until the end of the duration of the Elohim Film service.
REGISTRATION, USERNAME, PASSWORD, SECURITY
Registration. By accessing this Website or some of the resources on the Website, you may be asked to provide registration details, including, but not limited to, a valid email address, date of birth and full name. We will not grant any user access to portions of the Services required for registration unless he or she has completed the necessary registration and paid any fees associated with access to such portion of the Services. It is a condition of use of this website that all details you provide are correct, current and complete. If ELOHIM FILM® believes that the details are not correct, current or complete, we have the right to refuse access to the Website or any of its resources.
Your user identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. To access the Subscription Products, you will be asked to provide your username and password. \
Username, password and password login. You shall maintain confidential, non-disclose, and use only in accordance with this Agreement, your username and password for the Services. You will notify us immediately if you learn or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or the Services. In the event of loss, theft or unauthorized use, we may impose additional security obligations at your sole discretion.
Security breaches and review. If any unauthorized person gains access to the Services as a result of any act or omission on your part, you must use reasonable efforts to ascertain the source and manner of its acquisition and must promptly and fully notify us by email at address web@vodevo.ch. You will otherwise cooperate and assist in any investigation relating to such unauthorized access.
Elohim film ® may contact the user at the email address or at the address provided to Assistance and/or reported during the completion of the purchase/rental.
The personal data provided by Customers during Registration and during use of the Service will be processed by Elohim film ® in accordance with the provisions of the Legislative Decree. n. 196/2003 (“Privacy Code”) and Regulation (EU) 679/2016 (“Privacy Regulation”), and in compliance with what is indicated in the privacy information on the Site.
However, Elohim film ® will not be held responsible for any damage caused by the use of the account by another person, with or without the user's authorization and regardless of whether the latter is aware of it. However, you will be held liable for any losses incurred by Elohim film ® and/or third parties due to the use of your account.
CONDITIONS FOR PURCHASE/RENTAL
Digital contents can only be purchased by Users registered on the Site.
You acknowledge that in order to purchase digital content or rent it, the system conditions must be met.
PRICES
All prices published on the Site are expressed in Euros or in the current currency of the country of sale and are inclusive of the Value Added Tax (VAT) applicable in the user's country of residence based on the rate in force at the time of Purchase. and/or Rental.
The price of digital content may be modified by Elohim film ® at any time and without notice, it being understood that the price charged to the user will be that indicated on the Site at the time of the Purchase and/or Rental.
The user who purchases and/or rents digital content acknowledges and accepts that:
a) the price will be charged at the time of Purchase and/or Rental and regardless of the full and/or partial use of the Digital Content.
b) in the event of a change of format, the price foreseen for the format requested at the time of Purchase or Rental will be charged without the right to any refund, unless, before viewing the digital content, the user exercises the right to withdrawal before viewing the Digital Content.
c) Refunds are provided only following a formal complaint by the user and provided that, following the necessary checks, the complaint is found to be well founded.
GENERAL CONTRACT CONDITIONS RELATING TO THE PURCHASE AND/OR RENTAL OF digital content
Elohim film ® SERVICE
The Elohim film ® Service provides the possibility for the user to use, via Enabled/Activated Devices, the digital contents marketed from time to time on the Site. In any case, Elohim film ® reserves the right to modify its offer at any time.
USE OF THE SERVICE
With Registration, Elohim film ® enables the user to use the Service and based on the insertion of the date of birth and the option of the film in question, Parental Control may be applied.
The user undertakes to prevent minors from viewing digital content that is prohibited or whose viewing is not recommended without the supervision and/or control of a parent or legal guardian.
the user agrees to use the Elohim film ® Service exclusively for personal and domestic use. The use of digital contents cannot take place in public places such as bars, hotels, clubs or other public places.
The user undertakes not to transfer and/or share with third parties the digital contents purchased and/or rented with the Elohim film ® Service.
The Site and the Service are property of Elohim film ® and are protected by copyright, as well as by current national and international regulations regarding the protection of intellectual and/or industrial property rights.
The digital contents are the property of Elohim film ® or are licensed to it by digital content suppliers, are protected by copyright and by current national and international regulations regarding the protection of intellectual and/or industrial property rights .
The Elohim film ® Service and the related digital contents must be used by the user in compliance with the intellectual and/or industrial property rights of Elohim film ® and/or third parties. the user may not, by way of example and not be limited to, modify, copy, distribute, transmit, reproduce, publish, license, create derivative works, transfer, adapt, sell, rent, share online, rent the digital contents to third parties or facilitate any of the aforementioned behaviors. You will be responsible for violating the intellectual property rights of the Digital Content Providers, Elohim film ® or third parties as required by law.
The user expressly accepts that the violation of the above provisions will lead to the automatic termination of the Contract pursuant to and for the purposes of the art. 1456 of the Civil Code, as well as the automatic termination of the Elohim film ® Service, without prejudice in any case to compensation for damages suffered by Elohim film ®.
If the user deactivates their Personal Area before having fully used the purchased and/or rented digital contents, they will lose the right to use the digital contents from the moment of deactivation, without recognition of any alternative service or refund of the fees paid.
COPYRIGHT NOTICE
Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means without the prior written authorization of Elohim film ® and Running TV International Srl is not permitted.
You may not use any "deep link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any any part of the Site or any Content, or reproduce or circumvent in any way the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through Posto. Elohim film ® reserves the right to block any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Elohim film ® server, or to any of the services offered on or through the Site, by hacking, password" Extraction" or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or attempt to trace any information on any other user or visitor of the Site, or any other user of Elohim film ®, including any Elohim film ® account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personally identifiable information or information, other than your information, as provided by the Site .
You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Elohim film ®'s systems or networks, or any systems or networks connected to the Site or Elohim film ®.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transactions being conducted on the Site, or with any other party's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Elohim film ® on or through the Site or any service offered on or through the Site. You may not pretend to be, or represent, someone else or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity that infringes the rights of Elohim film ® or others.
WITHDRAWAL
The contract with Elohim film ® for the use of the Service is intended to be in force until the date on which the user cancels the registration
The right of withdrawal, in accordance with the provisions of the art. 59, co. I, letter. o) of the Consumer Code, is excluded, with consequent loss of reimbursement of expenses incurred, in the event that the user has already viewed or downloaded the digital contents onto his Devices and therefore benefited from the contents themselves.
The user's intention to withdraw must be communicated to assistance through the methods indicated from time to time on the Site. In the event that the right of withdrawal is correctly exercised, Elohim film ® undertakes to reimburse the Total Amount Due without undue delay and in any case within 14 days from the moment in which it becomes aware of the user's decision to withdraw from the purchase or rental.
DEACTIVATION AND SUSPENSION OF THE PERSONAL AREA
the user has the right to deactivate his Personal Area at any time. The deactivation request can be made by the user by sending an email to the following address: info@Elohim film.com.
Following receipt of the deactivation request, Elohim film ® will deactivate the Personal Area and all information relating to the user.
WARRANTY
All digital contents marketed and described on the Site are covered by the legal guarantee of conformity provided for by the articles. 128 and following of the Consumer Code (''Legal Guarantee'').
Elohim film ® is responsible for defects of conformity that appear within two years following the Purchase and/or Rental of digital content. The lack of conformity must be reported to Elohim film ®, under penalty of forfeiture, within two months from the date on which it was discovered. Elohim film ® will promptly respond to the communication and will indicate to the user the procedure to follow.
Any failures and/or malfunctions caused by accidental events or by the user's responsibility or by use that does not comply with its intended use are excluded from the scope of the Legal Guarantee. Furthermore, any use of the Product that does not comply with the provisions of the technical documentation attached to it will be excluded from the scope of the Legal Guarantee.
Elohim film ® therefore does not guarantee and assumes no responsibility for:
a) any problems in using the Service depending on the user's Devices;
b) problems caused by the Internet connection;
c) insufficient bandwidth available to the user;
Elohim film ® cannot in any way be held responsible for the actions, products, goods and digital contents of Elohim film ® partners of which there is a banner or link on the Site and whose sale is not attributable to them.
COMPLAINTS AND ASSISTANCE
Each user has the right to lodge a complaint regarding issues relating to the Service, Purchases of digital content, as well as regarding the Rental of the latter.
Any complaints must be reported to Assistance. Complaints will be acknowledged by Elohim film ® at the latest within 14 days from the date of receipt of the complaint. The response to the complaint will be sent to the user via email.
Customers can contact Support or forward complaints and/or communications to Elohim film ® through the contacts in the appropriate section.