Last revision: March 24, 2025

The following Terms and Conditions apply to your use of this website maintained by Elkis Productions (the "Website").

By accessing or using the Website, you acknowledge that you have read, comprehended, and consent to abide by these Terms and Conditions, along with any relevant laws, statutes, and regulations. We retain the right to modify these Terms and Conditions without prior notice, and such changes will take effect as soon as they are posted on the Website. Your ongoing use of the Website will be deemed as your acceptance of the updated Terms and Conditions.

1. INTELLECTUAL PROPERTY

We, along with our licensors, exclusively own all intellectual property present on the Website. This includes materials protected by copyright, trademark, or patent laws. The trademarks, service marks, and trade names on the Website are either owned, registered, or licensed by us. All content available on the Website, encompassing text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content, constitutes a collective work under Canadian and other copyright laws and is the sole property of the Company. All rights are reserved.

2. USE OF COMPANY MATERIALS

As a consequence of your use of the Website, we may furnish you with specific information, including but not limited to documentation, data, or materials developed by us, which could be beneficial for using the Website or its Services (referred to as "Company Materials"). Please note that the Company Materials are intended solely for enhancing your experience on this Website and utilizing the services it offers.

It is important to understand that these Terms of Use do not grant you any license or rights to the intellectual property contained in the Company Materials. They are provided solely for your use in connection with the Website and its services, and any other use beyond that is not permitted.

3. ACCEPTABLE USE

By using the Website, you explicitly agree not to engage in any unlawful activities or actions prohibited under this clause. Furthermore, you are bound not to employ the Website in a manner that could harm the Website itself, the services it offers, or adversely impact the overall business of Elks Productions.

In addition, you commit to refrain from using or accessing the Website in the following ways:

a) Harassing, abusing, threatening, or infringing upon the legal rights of others. 

b) Violating the intellectual property rights of Elks Productions or any third party. 

c) Uploading or disseminating computer viruses or any other software that may damage the property of another. 

d) Committing fraud or engaging in fraudulent activities. 

e) Participating in or establishing any unlawful gambling, sweepstakes, or pyramid schemes. 

f) Publishing or distributing obscene or defamatory content. 

g) Disseminating material that incites violence, hate, or discrimination against any group. 

h) Unlawfully gathering information about others.

By adhering to these guidelines, you contribute to maintaining a positive and respectful environment on the Website for all users.

4. PROTECTION OF PRIVACY

By utilizing the Website, you may provide us with specific information, and in doing so, you grant us permission to utilize this information not only in Canada but also in any other country where we operate.

We might also receive information from external applications you use to access our Website, or we may gather data through various web technologies, such as cookies, log files, clear gifs, web beacons, or similar mechanisms.

The information collected from you is primarily used to ensure a continuous and positive experience on our website. Additionally, we may analyze certain passive information to enhance our marketing and analytics efforts. In such cases, we might collaborate with third-party providers, including other marketers.

If, for any reason, you wish to prevent our access to passive information obtained through the use of these technologies, you have the option to disable cookies in your web browser. This will allow you to control the flow of such data while using our Website.

5. SECURITY

You are strictly prohibited from engaging in any of the following activities:

a) Attempting to reverse engineer, disassemble, or undertake any action that seeks to decipher the code or software used on the Website. 

b) Breaching the Website's security by gaining unauthorized access, bypassing encryption or other security measures, conducting data mining, or interfering with any host, user, or network.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold Elkis Productions and its affiliates harmless from any and all legal claims and demands, including reasonable attorney's fees, that may arise due to or in connection with your use or misuse of the Website, your violation of these Terms and Conditions, or any of your actions or conduct.

In such cases, we reserve the right to choose our own legal counsel and participate in our defense, if we decide to do so.

7. NO WARRANTIES

Your usage of the Website is entirely at your own risk, and any services provided by us are offered on an "as is" basis. We explicitly disclaim all express or implied warranties of any nature, including but not limited to the implied warranties of fitness for a specific purpose and merchantability. We do not guarantee that the Website will meet your requirements, or that it will function without interruptions, errors, or security issues.

Furthermore, we make no warranties regarding the reliability or accuracy of any information presented on the Website or obtained through the Services. You are solely responsible for any damage that may occur to you, your computer system, or the loss of your data resulting from your use of the Website, and we shall not be held liable for any such damage or loss.

8. COOKIES

a) Consent to our use of cookies: The Website may utilize cookies to enhance your browsing experience, enabling us to process statistics and gather information about traffic. These cookies help make your interaction with the Website smoother and more engaging. If cookies involve storing or analyzing personal data, we will request your consent before proceeding.

Your consent remains valid for a maximum of thirteen (13) months. After this period, we will seek your consent again before saving cookies on your computer.

b) Right to object to the use of cookies by the Website: You have the option to object to the use of cookies by adjusting your web browser settings. However, please note that any resulting loss of functionality cannot be attributed to us.

c) Description of cookies used by the Website: When you use our Website, certain cookies from third parties may be stored on your computer. These include cookies like "_ga," "NEID," "ENID," "YEC," and "VISITOR_INFO1 _LIVE" by Google LLC. Additionally, the Website incorporates social network links that allow you to share your activities on the Website, and cookies from these social networks may also be stored on your computer.

Please be aware that these third-party websites have their own privacy policies and terms and conditions, which may differ from those stated here. For more detailed information, we recommend visiting the respective terms and conditions of these websites.

9. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. This includes all possible claims made by you, such as lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or any other kind of torts.