Terms of Service

Effective Date: January 1, 2024. Last Updated: January 2024.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Eldravon Media Corp., a Canadian corporation with VAT registration 912837405 RT 0001, located at 1188 W Georgia St, Vancouver, BC V6E 4A2, Canada ("Company," "we," "us," or "our"). By accessing, browsing, or using the Eldravon Media Corp. website, platform, services, and any associated applications (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Service Description

Eldravon Media Corp. provides cloud-based media distribution services designed for creators, broadcasters, and media companies across Canada. Our Service enables users to store, manage, distribute, and monetize digital media content through our platform and network of distribution channels. The Service includes but is not limited to content upload, transcoding, delivery optimization, analytics, and integration with third-party platforms.

3. Eligibility and Account Creation

To use the Service, you must be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater. You must be legally authorized to enter into binding agreements. If you represent a business or organization, you warrant that you have the authority to bind that entity to these Terms. Upon account creation, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Acceptable Use Policy

You agree that you will not use the Service for any unlawful purpose or in any way that violates these Terms. Specifically, you will not:

  • Upload, distribute, or otherwise transmit content that is illegal, infringing, defamatory, obscene, or harmful
  • Violate any applicable laws, regulations, or third-party rights, including intellectual property, privacy, and publicity rights
  • Engage in hacking, malware distribution, phishing, or other cybersecurity threats
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Service or servers connected to the Service
  • Engage in any form of automated data collection without prior written consent
  • Impersonate any person or entity or misrepresent your affiliation
  • Transmit spam, unsolicited communications, or promotional materials

5. Intellectual Property Rights

You retain all rights to content you upload to the Service ("Your Content"). By uploading Your Content, you grant Eldravon Media Corp. a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, and display Your Content solely for the purposes of providing the Service, including delivery, backup, and analytics. This license terminates when you delete Your Content or your account, except where required by law or for archived backup purposes.

You represent and warrant that: (a) you own or have obtained all necessary rights to Your Content; (b) Your Content does not infringe any third-party intellectual property rights; and (c) you have obtained all necessary consents for the collection and use of any personal data contained in Your Content.

All Company intellectual property, including but not limited to our platform, software, design, and documentation, is owned by Eldravon Media Corp. or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for legitimate business purposes only.

6. Fees and Payment

Use of the Service may be subject to fees as outlined in our pricing documentation. You agree to pay all applicable fees in accordance with the payment terms provided at the time of subscription. Fees are in Canadian dollars (CAD) unless otherwise specified. We may modify pricing upon 30 days' written notice, and continued use of the Service after price changes constitutes acceptance of new pricing.

Payment is due in accordance with the billing cycle you have selected. We accept major credit cards and other payment methods as specified on our website. You authorize us to charge your chosen payment method for all fees owed. If payment fails, we may suspend your account after providing reasonable notice.

7. Data Protection and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated by reference into these Terms. We collect, process, and store personal data in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable Canadian privacy legislation. For users subject to GDPR (if applicable), we comply with GDPR requirements.

We implement appropriate technical and organizational measures to protect Your Content and personal data from unauthorized access, loss, or alteration. However, no security system is impenetrable, and we cannot guarantee absolute protection against all threats.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELDRAVON MEDIA CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 CAD IF NO FEES WERE PAID.

Some jurisdictions do not permit the exclusion of certain warranties or liability, so these limitations may not apply to you in full.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ELDRAVON MEDIA CORP. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not warrant that any defects in the Service will be corrected. Your use of the Service is at your own risk.

10. Indemnification

You agree to indemnify, defend, and hold harmless Eldravon Media Corp., its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

11. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may perform scheduled or emergency maintenance that may temporarily affect Service availability. We will endeavor to provide advance notice of planned maintenance, but such notice is not guaranteed.

12. Termination

Either party may terminate your account at any time for any reason by providing written notice to the other party. Upon termination, your right to use the Service immediately ceases. We may retain certain data in accordance with our Privacy Policy and legal obligations.

We may terminate your account immediately if you materially breach these Terms and fail to cure such breach within 15 days of written notice, or if you engage in illegal activity or violate our Acceptable Use Policy.

13. Content Removal

We reserve the right to remove or restrict access to any content that violates these Terms or applicable law, at our sole discretion and without liability. We may remove Your Content if we receive valid legal process or if we reasonably believe the content is illegal or harmful.

14. Third-Party Services

The Service may integrate with or reference third-party services, platforms, and applications. Your use of third-party services is governed by their respective terms and privacy policies, not these Terms. Eldravon Media Corp. is not responsible for third-party services, and we make no warranties regarding their functionality or security.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada.

16. Dispute Resolution

Before initiating legal proceedings, either party agrees to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration administered by a mutually agreed-upon arbitrator in Vancouver, British Columbia, in accordance with the Arbitration Act of British Columbia.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements we provide, constitute the entire agreement between you and Eldravon Media Corp. regarding the Service and supersede any prior understandings or agreements, whether written or oral.

19. Amendments

We may amend these Terms at any time. Changes will be effective upon posting to the website or upon written notice to you. Your continued use of the Service following notification of changes constitutes your acceptance of the modified Terms.

20. Contact Information

If you have questions regarding these Terms or wish to contact us for any reason, please reach out at:

Eldravon Media Corp.

1188 W Georgia St, Vancouver, BC V6E 4A2, Canada

Email: hello@eldravon.cfd

Phone: +1 604 681 5566

VAT: 912837405 RT 0001

Last Updated: January 2024. These Terms of Service may be updated periodically. Please review this page regularly for changes. Your continued use of the Service indicates your acceptance of any modifications.

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