Please read our terms and conditions of use carefully before using the Website. By using the Website, you agree to abide to and be bound by our terms and conditions of use below. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purpose of this Agreement, “person” includes any incorporated or unincorporated entity), without limitation or qualification to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree to any provisions of the terms and conditions contained herein, or you do not have the legal authority to agree to and accept this Agreement, we do not consent to provide you with the use of the Website and you should cease any access or use of the Website immediately.
Elite Studios reserves the right to modify or revise any provisions contained in the terms and conditions of use herein without notice to you. You shall be bound by any such revisions and should therefore periodically visit this page to review any such revisions. Each time you use the Website, the text of the terms and agreement it then reads will govern your use from that point of time onwards.
1. Use of the Website
Information contained in this Website is not intended for access or use in a country or jurisdiction whereby such access or use is illegal or prohibited by the relevant laws or regulations. It is solely your responsibility to determine whether your use of the Website is lawful, and you must satisfy yourself that you are not subject to any local requirements which restrict or prohibit you from legally accessing this Website.
As a condition of any use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use. You may not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Elite Studios server, or interfere with any other party’s use and enjoyment of any of our services. You may not attempt to gain unauthorized access to any subscription services, other accounts, computer systems or networks connected to any Elite Studios server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.
2. Login Names and Passwords
(a) If any of our services require you to open a client account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also choose a password (the “Password”) and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
(b) Your client account may be accessed only by use of an unique login name and password. The use of a password does not restrict access by Elite Studios and its service providers to the password-protected information. Login names and passwords must not be shared. The sharing of login names and passwords shall constitute a fundamental breach of this agreement and your access to the Website shall be terminated immediately without any refund to you. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Elite Studios. Passwords must also be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
(c) You are solely responsible and liable for any use or misuse of your login name or password and for all activities that occur under your account regardless of whether you knew of any such use or misuse by unauthorized parties. You must ensure that all uses of your login name, password and account comply with this Agreement.
(d) You must immediately notify Elite Studios of any unauthorized use of your login name, password or account, or if you know or suspect that your login name, password or account has been lost or stolen, has become known to any other person, or has been otherwise compromised. You must notify us immediately and in no circumstances shall Elite Studios be liable for any loss that you may incur as a result of someone else using your login name, password or account, either with or without your knowledge.
(e) All login names, passwords and accounts remain the property of Elite Studios, and may be cancelled or suspended at any time by Elite Studios without any notice or liability to you or any other person. Elite Studios is not under any obligation to verify the actual identity or authority of the user of any login name, password or account.
(f) You must respond promptly to all email and other correspondence from Elite Studios, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name, password or account or your use of the Website.
(g) The security and privacy provided by passwords is not complete, and can be circumvented. Use of passwords is at your own risk.
3. Orders and Order Acceptance Process
(a) You may become a subscriber to the Website for certain subscription services provided by the Website .Your properly completed and delivered on-line order form shall constitute your desire to purchase the services / goods referenced in your order. Your order shall be deemed to be accepted only if and when the following Order Acceptance Process is fully completed.
(b) “Order Acceptance Process” is defined as follows: * (i) Acceptance by you of terms and conditions governing the use of this Website contained herein and your agreement to be bound by them; and * (ii) Completion by you an on-line order form for specific services / goods from Elite Studios the Website; and * (iii) Satisfactory opening of an account with Paypal Inc. by you for the payment of subscription fees; and * (iv) Return by Elite Studios of the Order Confirmation Form upon receipt of payment of the subscription fees.
(c) All information you provide through the Website, including registration information, name and email address, payment information, transaction or order related information, must be true, accurate, current and complete. You must also provide Elite Studios with updated registration information, transaction or order related information and payment information within 7 days of any change.
(d) Elite Studios will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Elite Studios or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information immediately upon any change. Elite Studios may require a copy of a government-issued form of identification before making any changes to your information.
(e) Elite Studios will not be liable for orders that it cannot fulfill due to causes beyond its control or for incomplete or inaccurate information being supplied by you or someone acting for you, including your Internet service provider. Such information includes but is not limited to partial or incorrect payment information.
4. Proprietary Rights
Unless otherwise noted, all information, text, articles, data, images, documents, or other content contained within this Website (hereinafter referred to as the “Content”) shall remain the property of Elite Studios and no other person shall obtain, or attempt to obtain, title. The Content is protected by copyright and other intellectual property rights.
Elite Studios authorizes users to view and access a single copy of the Content available on or from the Website solely for the recipient’s personal use. The Content shall not be edited, reproduced, distributed, replicated, retransmitted or published in whole or in part by any recipient in any medium, print, electronic or otherwise, for any public or commercial purpose without the prior express consent of Elite Studios. Any permitted copies of the Content must retain Elite Studios’s copyright notice and any other proprietary notices which shall not be obscured or removed. All permitted copies of the Content shall also contain the trademark of the Website and such other intellectual property notices belonging to Elite Studios with respect to the Website and the Content.
You irrevocably indemnify Elite Studios against all claims, losses, damages, costs (including reasonable lawyer fees) or other expenses suffered or incurred by Elite Studios arising out of, or is in connection with, your use, unauthorized provision or distribution of the Content, or any other breaches of any of the your undertakings or obligations herein.
6. Termination of this Agreement
You understand and agree that Elite Studios may under certain circumstances and without prior notice prohibit or terminate the access or use of this Website or the Content. Elite Studios shall invariably exercise such right if, in its sole discretion, it considers that a user’s conduct is unacceptable or in breach of the provisions herein.
The provisions contained herein shall survive any such termination.
(a) If you breach any provision of this Agreement, you may no longer use the Site.
(b) If you breach any provision of this Agreement, Elite Studios may at any time and at its sole discretion, immediately change, suspend or terminate temporarily or permanently, in whole or in part, subscription services provided to you without any notice or liability to you or any other person.
(c) If you wish to cancel any subscription services that you are entitled to, you may request a cancellation by sending an email to us. However, Elite Studios will not refund monies paid by you for any reason of your unilateral cancellation of any subscription services.
(d) Elite Studios may at any time and for any reason, with or without cause, and at its sole discretion, immediately change, suspend or terminate, temporarily or permanently, in whole or in part, the Website or any part of it or any of its features without any notice or liability to you or any other person.
(e) Elite Studios may at any time and for any reason, with or without cause, and at its sole discretion, immediately change, suspend or terminate temporarily or permanently, in whole or in part, your permission to use the Website and your password, all without any notice or liability to you or any other person.
(f) Elite Studios may at any time and for any reason, with or without cause, and in its sole discretion, immediately change, suspend or terminate temporarily or permanently, in whole or in part, any subscription service provided to you. In such event, if you have not been in breach of this Agreement or other agreement with Elite Studios, and if you have not caused Elite Studios to be in any way liable for any amount to anyone, and if the subscription service has not be deemed terminated by any unforeseeable event, Elite Studios will refund the balance of sums paid by you for the relevant uncompleted portion of subscription service calculated on a pro-rata basis with respect to the entire subscription period.
(g) If this Agreement or your permission to use the Website is terminated by you or Elite Studios for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and your prior purchase of client services and anything connected with, relating to or arising from those matters.
Save and except for paragraph 6(f) above, Elite Studios shall not be liable for any refund monies paid by you under the circumstances mentioned in each and every of the foregoing provisions of this Part.
7. Misprints and Errors, Service Availability, and Prices
(a) Elite Studios reserves the right to change prices, terms and specifications regarding the services / goods available through the Website without any notice or liability to you or any other person.
(b) Elite Studios endeavours to describe every subscription service accurately; however, mistakes can sometimes occur. Any typographical, photographic, or specification error in subscription description, pricing or offers is subject to correction and verification.
(c) Elite Studios endeavours to provide current and accurate Content on the Website. Nevertheless, misprints or other errors may occur.
(d) Elite Studios cannot guarantee that services / goods advertised on the Site will be available when ordered or thereafter.
(e) Elite Studios reserves the right at any time to reject, correct, cancel or terminate any order.
(f) If you order services / goods for which the price was incorrectly displayed, Elite Studios will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Elite Studios will notify you by email.
(g) Prices do not include any tax, tariffs, duties or insurance payable by the subscriber for purchase or use of the subscription services.
Subscription with the Website shall commence upon the full completion of the Order Acceptance Process prescribed under paragraph 3(a) above.
Subscription to goods/services of the Website shall only be offered by Elite Studios on an annual, quarterly and/or monthly basis.
Subscription with the Website shall continue until the end of the subscription period at which time the subscriber will be automatically billed to continue subscription with the Website;
If a subscriber does not wish to renew the subscription , he / she must notify Elite Studios in writing prior to the subscription renewal date, failing which the subscription may continue to run and your liability shall continue to accrue until the subscription is effectively terminated by you according to the terms of this agreement – 7 days before the next renewal date.
For the sake of clarity, you may terminate the agreement at any time by written notice to Elite Studios without any refund to you. Upon termination, Elite Studios shall owe no liability to you whatsoever.
The use of this Website is strictly restricted to the sole subscriber only.
9. Governing Law and Jurisdiction
Any action, proceeding, disputes or claims arising out of or relating to the Website or the Content shall be governed solely by the laws of the Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of the Victoria, Australia.
The terms and conditions contained herein constitutes the entire agreement between you and Elite Studios relating to your use of the Website and supersedes any prior or contemporaneous written or oral agreements between us.