ElitMovies TOS - ElitMovie

Below are the Terms of Service for elitmovies.com. These Terms of Service contain a binding arbitration agreement whereby you agree to waive your right to a jury trial and further agree to waive your right to bring any dispute or claim as part of a class or representative action. For further details, see Section 13 (Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, Venue and Forum).

PARENTS, you can easily block access to this site. Please read https://www.rtalabel.org/index.php?content=parents/ for more information.

Please read our protect children from abuse policy here attps://info.elitmovies.com/legal/control ; our piracy policy here attps://info.elitmovies.com/legal/piracy , our repeat copyright infringers policy here at https://info.elitmovies.com/legal/repeat , as well as our privacy policy herttps://info.elitmovies.com/legal/privacy.

Terms of Service

1. Preamble

These are official terms and conditions and form a legally binding agreement between you and Webprocessing s.r.o. Address: Pujmanové
1753/10a, Nusle, 140 00 Praha 4, Czech Republic, Business registration # (ICO): 075 51 789 ("we", "us," "our," or any other first-person plural pronouns; or "Webprocessing"), the owner of the website located at https://www.elitmovies.com, regarding your use of the internet website located at https://www.elitmovies.com (the "Website").

Webprocessing provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. By accessing and using the Website, you acknowledge that you have read these Terms of Service and have accepted these conditions.

Please read them very carefully and abide by each and every of them.

You acknowledge and agree that, in order to access Premium Content, as defined below, we (i) require you to create a user login account for the Website; and (ii) charge you a fee.

When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our protect children from abuse policy available at https://info.elitmovies.com/legal/control, our repeat copyright infringer policy available at https://info.elitmovies.com/legal/repeat, our piracy policy available at https://info.elitmovies.com/legal/piracy and our privacy policy https://info.elitmovies.com/legal/privacy . To the extent permitted by law, such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service. You must agree to the terms of our privacy policy available at https://info.elitmovies.com/legal/privacy before you may create an account or access certain services and functionalities as described in the privacy policy.

Through the Website and under the conditions stipulated in these Terms of Service, Webprocessing allows the users of the Website to watch or submit video or other material and hosting, sharing and/or publishing of such submission. The submissions are shared and provided to other users under the conditions stipulated in these Terms of Service.

2. Access

By accessing the Website, you certify and warrant to Webprocessing that:

you are at least 18 years of age or otherwise the age of majority under the laws of your state, province or country; AND
you know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these Terms of Service you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials; AND
you will use the Website solely for personal and non-commercial purposes; and you will not download, copy or distribute any part of the Website for any commercial purpose or as otherwise prohibited by law; AND
you will not alter, delete, add, change or edit any of these Terms of Service, and any such attempted alteration shall be void and of no effect.

3. Child sexual abuse material or non-consensual sexual acts

ElitMovie is committed to protecting children from any form of abuse and to preventing our platforms from being accessed by any underage individual. Any content we suspect might feature persons under the age of 18 will be removed and reported to law enforcement in accordance with the applicable laws. Similarly, we are committed to protect victims of non-consensual sexual acts. If you believe that any content appearing on the Website depicts any person under the age of 18 or victims of non-consensual sexual acts, please fill out our ABUSE REPORTING FORM available at https://info.elitmovies.com/takedown-amateur . Read about our anti-child sexual abuse policy here at https://info.elitmovies.com/legal/control .

ElitMovie is rated with RTA label. PARENTS, you can easily block access to this site. Please read https://www.rtalabel.org/index.php?content=parents for more information.

4. Creation of an Account

To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurateurrent, and complete information about yourself as prompted by the account registration form (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changesncluding, but not limited to, changes in your address and changes in your credit card, if any, used in connection with the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.

As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portions of the Website. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Website is illegal and a breach of these Terms of Service. You may obtain access to your billing records regarding charges of your use of the Website upon request as may be required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.

5. Intellectual Property Rights

Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website's software, code, design, text, scripts, messages, images, photographsllustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordingslides, portraits, works of authorship, animated and/or motion picturesnteractive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, includingithout limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translationsdaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively
("Content") and the trademarks, service marks and logos, whether or not registered, contained therein ("Marks"), are owned by or licensed by Webprocessing and/or its affiliates, and their advertisersicensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copyeproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any purpose without the prior written consent of the respective owners. For purposes of this sectionontent does not include any content uploaded to the Website by a user of the Website or of the Website's services.

6. The RED Content

Our Website has content and features that are only made available to users who have paid for a premium membership. Users who have purchased a premium membership. This "RED" website gives access to premium content that is only accessible to premium members. Submissions (defined belowre available to all premium users.

7. User Submissions

A. We allow our users to submit video or other material and the hostingharing, and/or publishing of such submissions for display on the Website ("Submissions"). You shall be solely responsible for your Submissions (including those made through your account) and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that:

you have the written consent, written release, and/or written permission of each and every identifiable person in the Submissions to use his or her name and/or likeness in the manner contemplated by these Terms of Service; AND
no one in the Submissions is under the age of 18; AND
your Submission is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257 and 28 C.F.R Pt. 75; AND
you are 18 years of age or older and retain all of your ownership rights in your Submissions, although by submitting the material to us, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, promote, exhibit, prepare derivative works of, publicly display, and publicly perform the Submission. This license ends when your Submission is deleted from our systems; AND
the posting of your Submissions on or through the Website does not, directly or indirectly, violate any laws prohibiting or otherwise depict child sexual abuse material or non-consensual sexual activity of any kind and does not, directly or indirectly, violate the legal rights of any person or entity, including without limitation any privacy or publicity rights, copyrights, trademark rights, trade secret rights or contractual rights; AND
by posting your Submissions you allow us to share any content and any of your user related information with law enforcement authorities in connection with any investigation related to Child Sexual Abuse Material ("CSAM"), and/or any other non-consensual activity; AND
to the extent permitted by applicable law, you will defend, indemnify, and hold harmless Webprocessing, including our affiliates, officers, agents, and employees, from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) arising from or related to: (i) your use of and access to the Website, (ii) your violation of these Terms of Service, (iii) your violation of any third-party right (including, but not limited to, any copyright, property, publicity, or privacy right), (iv) any claim that your Submission caused damage to a third party, or (v) any claim that you engaged in reprehensible or culpable conduct. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including, but not limited to, the right to select counsel and to compromise or settle any such claims, demands, or litigation; AND
if anyone brings a claim against us related to your actions, uploaded content, or any information obtained from or through you, and that claim is related to a fault, violation of these Terms of Service, or any other reprehensible or culpable behavior on your part, or is intended to remedy the consequences of any such fault, violation or behavior, you will indemnify and hold us (including our affiliates, officers, agents, and employees) harmless from any such claim, including for any and all liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information; AND
you have paid or shall pay any and all residuals, reuse and other fees, compensation or payments of any kind, however denominated, which are due or may become due in relation with your Submissions.

B. Content on the Website is provided to you AS IS for your information and personal and non-commercial use only. You further agree that you will not:

submit material that depicts any person under 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18), whether real or simulated; NOR
submit material without written documentation confirming that all subjects depicted are, in fact, over 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18); NOR
submit material depicting child sexual abuse, non-consensual sexual acts, rape, bestiality, death, or use of controlled substances, whether implied, staged, simulated, artificial or cartoon/drawn/art; NOR
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WebProcessing all of the license rights granted herein; NOR
allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise exploit, any content, including member Submissions, without our express prior written consent; NOR
publish falsehoods or misrepresentations that could damage Webprocessing or any third party; NOR
submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn," or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; NOR
submit material depicting violence or abuse (actual harm to another living thing, including animals); and submit material that depicts or promotes incest; NOR
submit material that depicts or promotes coprophilia, also known as "fecophilia" or "scat"; and use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Website, unless you are expressly authorized in writing to do so by us; NOR
use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser; NOR
collect or harvest any personally identifiable information, including account names, from the Website; NOR
solicit, for commercial purposes, any users of the Website with respect to their Submissions; NOR
post advertisements or solicitations of business; NOR
impersonate another person.

C. We do not endorse any user Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a user Submission.

Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you ("Third Party Personal Data"), and disclaim any and all liability in connection with the Third Party Personal Data. Webprocessing does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will expeditiously remove infringing content in response to a valid takedown request. Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at https://info.elitmovie.com/legal/repeat.

If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyright, submit a copyright infringement takedown request available at the following link
https://info.elitmovies.com/takedown with the above form containing the following information:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; AND
a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); AND
information reasonably sufficient to permit Webprocessing to contact you, such as a physical address, telephone number and email address; AND
a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; AND
a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner's behalf.

You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing.

Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification claimant and without it, we are unable to process your takedown request or counter-notification as prescribed under the DMCA. Where the party against whom you are making your takedown request resides outside the EEA , you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data.

However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

You consent to your data being transmitted to the uploader of the material at issue in line with and for the reasons explained above and in the Privacy Policy.

Copyright Counter-Notification Process

When an uploader's video submission has been removed, the Website will notify the uploader of this removal. Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five (5) days to submit a counter-notification to the Website, explaining why the original takedown request was sent in error. The counter-notification may be sent to Webprocessing's email address from which the user originally received the forwarded takedown request.

For the Website to consider a counter-notification, it must include the following:

a physical or electronic signature of the uploader; AND
identification of the material that has been removed by providing one or more URLs where the material was previously available; AND
a statement under penalty of perjury that the uploader has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; AND
the uploader's name, address, and telephone number; AND
a statement that the uploader consents to the jurisdiction of the Federal District Court for the judicial district in which the user is located, or if the uploader's address is outside of the United States, for any judicial district in which the Website may be found; AND
a statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.

Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.

Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request and without it, we are unable to process your counter-notification as prescribed under the DMCA. Where takedown request claimant resides outside the European Economic Area ("EEA"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter-notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipientnd do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

You consent to your personal data being transmitted to the takedown request claimant in line with and for the reasons explained above and in the Privacy Policy.

That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials.
Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.

For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts , privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at https://info.elitmovies.com/takedown-amateur . We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you ("Third Party Personal Data"), and disclaim any and all liability in connection with the Third Party Personal Data.

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that Webprocessing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Webprocessing with respect thereto, except in the cases strictly defined by applicable law. You also understand and acknowledge that your user information as well as your Submission(s) may be shared with law enforcement as part of our efforts to fight CSAM. You agree to indemnify and hold Webprocessing and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your unauthorized use of the Website.

8. Premium Content

The premium content (collectively, "Premium Content") are available only to members of this elitmovies.com service. All Premium Content, which is licensed from various third-party content owners, comprises proprietary information and valuable intellectual property of the third-party content owners who have provided the Premium Content, and those third-party content owners retain all right, title, and interest in the Premium Content. Accordingly, Premium Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not for any reason, at any time remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Premium Content. Modification or use of all or any portion of the Premium Content except as expressly provided in these Terms of Service violates the Premium Content owners' intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Website.

9. Fees and Billing

You agree to pay all membership fees when due according to the billing terms. We post the current membership fees for the elitmovies.com service as part of the account registration process. We reserve the right to change membership fees at any time, with prior notice to you. At the time of account registration, you must select a payment method. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney's fees, as far as applicable law allows Your credit card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing us for all credit card charge backs, dishonored checks, and any related charges. You authorize us and our agents to make payments for the services provided to you through the Website by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of our goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to us when you have an outstanding charge to us shall make you liable to Webprocessing for in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other provision of these Terms of Service.

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

We do not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by Webprocessing or our authorized agents provides extensive credit card fraud protection measures and the Website includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment.

10. Availability of Services; Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.

WEBPROCESSING PROVIDES ITS SERVICES "AS IS" AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBPROCESSING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WEBPROCESSING, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS MAKE NO PROMISES OR GUARANTEES THAT THE WEBSITE AND/OR ITS CONTENT, AND OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE. WE MAY SUSPEND, WITHDRAW, OR RESTRICT AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS OR OPERATIONAL REASONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WEBPROCESSING, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
WEBPROCESSING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVERESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITEND/OR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT AND/OR FOR ANY LOSS AND/ OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, AND/OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

IF YOUR STATE OR COUNTRY REQUIRES A CERTAIN PERIOD FOR WHICH A WARRANTY APPLIES, IT WILL BE EITHER THE SHORTER OF 30 DAYS FROM YOUR FIRST USE OF THE WEBSITE OR THE SHORTEST PERIOD REQUIRED BY LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WEBPROCESSING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

PURSUANT TO ITS HOST STATUS, WEBPROCESSING IS UNDER NO OBLIGATION TO MONITOR THE SERVICES FOR INAPPROPRIATE OR ILLEGAL USER CONTENT OR THE CONDUCT OF OTHER USERS, AND WE TAKE NO RESPONSIBILITY FOR SUCH CONDUCT.
WE ARE ALSO NOT RESPONSIBLE FOR INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED BY OTHER USERS OR THIRD PARTIES, AND USER CONTENT IS NOT APPROVED BY US. BY USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE EXPOSED TO CONDUCT THAT YOU MIGHT FIND OFFENSIVE OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY USER CONTENT POSTED ON THE SERVICES, ARE UNDER NO OBLIGATION TO ACTIVELY SEARCH FOR FACT OR CIRCUMSTANCES CAUSING THE CONTENT TO BE ILLEGAL, NOR DO WE GUARANTEE THE TRUTHFULNESS OR ACCURACY OF THE CONTENT POSTED ON THE WEBSITE.
NONETHELESS WEBPROCESSING WILL REMOVE, AND FORBID ACCESS TO THE WEBSITE TO ANY USER WHO UPLOADS, ANY MANIFESTLY ILLEGAL CONTENT AS SOON AS WEBPROCESSING IS NOTIFIED OR OTHERWISE BECOMES AWARE OF ITS EXISTENCE.

YOU ACKNOWLEDGE THAT WEBPROCESSING, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, FOR ANY CLAIMS UNDER THESE TERMS, ARE NOT LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, AND/OR INABILITY TO USE, AND/OR MISUSE OF THE SERVICES; AND/OR
LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND WEBPROCESSING COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF ANY BREACH BY WEBPROCESSING OF THE TERMS OF USE; AND/OR
ANY CONTENT SUBMITTED BY A USER, OR ANY OTHER CONDUCT OF A USER OR THIRD PARTY OF A DEFAMATORY, INJURIOUS OR ILLEGAL NATURE, SUBJECT TO THE PROVISIONS OF APPLICABLE LAW RELATING TO THE WITHDRAWAL OF CONTENT; AND/OR
YOUR CONDUCT OR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES WHO CONTRAVENE THESE TERMS OF SERVICE.

THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

IN NO EVENT SHALL WEBPROCESSING, AND/OR ITS OFFICERS, DIRECTORSMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, OR INCIDENTAL LOST PROFITS, REVENUES, DATA, OR FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

ERRORS, OMISSIONS, OR INACCURACIES OF CONTENT; AND/OR
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; AND/OR
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND/OR
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; AND/OR
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR
USE BY ANYONE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTYONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEBPROCESSING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WEBPROCESSING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WEBPROCESSING SHALL NOT BE LIABLE FOR SHARING USER'S INFORMATION OR INFORMATION PERTAINING TO SUBMISSIONS WITH LAW ENFORCEMENT AUTHORITIES AS PART OF ITS EFFORT IN THE FIGHT AGAINST CHILD SEXUAL ABUSE MATERIAL.

TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, AND/OR INABILITY TO USE, AND/OR MISUSE OF THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. NONE OF THE TERMS HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE PARTIES FOR LOSSES THAT COULD NOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN ALL CASES, WEBPROCESSING, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION/EXCLUSIONS OF CERTAIN LIABILITIES DESCRIBED ABOVE, WHICH MEANS THESE LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THOSE STATES OR COUNTRIES. FOR THOSE USERS, IF WEBPROCESSING FAILS TO COMPLY WITH THESE TERMS OF SERVICE, WEBPROCESSING IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF WEBPROCESSING'S BREACH OF THESE TERMS OR IS A RESULT OF WEBPROCESSING'S NEGLIGENCE. HOWEVER, WEBPROCESSING IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE ONLY IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND WEBPROCESSING AT THE TIME WE ENTERED INTO THESE TERMS.

12. Notices to ElitMovie and/or Webprocessing

General inquiries regarding the Website and services provided by Webprocessing may be made by using this online form at https://info.elitmovies.com/contact .

Webprocessing respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at https://info.elitmovies.com/takedown .
Failure to use Webprocessing's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.

Contact for other content-related issues, such as reporting inappropriate content can be made here at https://info.elitmovies.com/takedown-amateur .

If you elect to send Webprocessing a Notice of Dispute pursuant to the provisions at Section 13 of these Terms of Service, the notice must be in writing, sent by registered mail and addressed to Webprocessing s.r.o. Address: Pujmanové 1753/10a, Nusle, 140 00 Praha 4, Czech Republic, Attn: Dispute Resolution, Subject: Notice of Dispute. Failure to follow this procedure could delay or prevent our review of your Notice.

13. Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, Venue and Forum

In this Section 13, you and Webprocessing may be referred to individually as "a party" or collectively as "the parties."

The parties shall endeavor to resolve any and all claims relating torising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations for no less than thirty (30) calendar days. Before bringing a formal legal case, you must send a written notice of dispute ("Notice of Dispute") via registered mail to "Webprocessing s.r.o. Address: Pujmanové 1753/10ausle, 140 00 Praha 4, Czech Republic, Attn: Dispute Resolutionubject: Notice of Dispute" to give Webprocessing the opportunity to resolve the dispute with you informally, as also indicated in Section 12
of these terms of Service.

The Notice of Dispute must contain sufficient information to identify you and the basis of your claim. Amicable consultations will commence upon Webprocessing's receipt of a Notice of Dispute.

You and Webprocessing agree to negotiate the dispute in good faith for no less than 30 days after a valid Notice of Dispute is provided. If the dispute cannot be resolved by amicable consultations within 30 days after receipt of a Notice of Dispute, you agree that ANY and all existing and/or future controversy and/or claim between you and Webprocessing, arising out of or related to this Terms of Service or your use of the Website shall be resolved as follows:

i. No Class Actions

Neither you nor Webprocessing may act as a class representative orivate attorney general, nor participate as a member of a class olaimants, with respect to any claim or dispute. Claims or disputeay not be arbitrated or resolved on a class or representativasis.

ii. You and Webprocessing Agree to Arbitrate

You and Webprocessing agree to the fullest extent permitted baw to resolve any claims arising out of, relating to, or ionnection with the Terms, your relationship with us, or
Webprocessing**'s Services, including but not limited to your use ohe Website and information provided via the Website, through finand binding arbitration.**

An arbitration proceeding is before neutral arbitrators instead of udge and jury, so by voluntarily accepting these Terms, you anebprocessing agree to give up the right to a trial before a judge anury.

This agreement applies to all claims except those identified iection 13 (iv). This agreement applies after you stop using or chooso delete your elitmovies.com account.

iii. The Arbitration Process

The Arbitration Court attached to the Czech Chamber of Commerce anhe Agricultural Chamber of the Czech Republic ("Arbitratioourt") will conduct any arbitration between you and Webprocessingxcept for disputes in which the Czech state courts have exclusivurisdiction under Czech law. The parties agree that the Rules of thrbitration Court are applicable and will govern. You may read thules of the Arbitration Court here at https://en.soud.cz/rules
(https://en.soud.cz/rules). (This webpage address is potentiallubject to change as it is not under Webprocessing's control.) If anerms in these Terms of Service conflict with any Rules of thrbitration Court, the parties agree to follow these Terms.

Disputes shall be resolved by a panel of three arbitrators iccordance with the Arbitration Rules of the Arbitration Court iffect at the time the notice of dispute was filed or received bebprocessing. The resulting award shall be final and binding on tharties. The seat of the arbitration shall be Prague, Czech Republiche proceedings shall take place in Prague, Czech Republic; and thanguage of arbitration shall be English.

The parties agree that the Arbitration Court will have jurisdiction tecide whether a dispute is subject to arbitration under these Termf Service.

The parties further agree not to pursue injunctive relief (i.e., arder that the other party do or not to do something, apart froaying damages) in arbitration. Such relief must be sought in cournstead. If a party has a dispute for which they seek to obtain botnjunctive and other forms of relief, the party must go to court teek the injunctive relief and must arbitrate to seek the other formf relief.

iv. Exceptions to Agreement to Arbitrate

You and Webprocessing further agree that the Czech District Courts irague, Czech Republic, will have exclusive jurisdiction to resolvisputes:

a. relating to your or Webprocessing's intellectual property (for example, trademarks, trade dress, domain names, trade secretsopyrights, or patents); OR

b. where the sole form of relief sought is injunctive relief, including where a party seeks other forms of relief but is bound, as per Section 13(ii), to seek those other forms of relief through arbitration; OR

c. any other judicial proceedings which by law is not subject to arbitration.

In the event your local law prohibits arbitration, you may submit otion for the extrajudicial handling of your dispute to thesignated authority for extrajudicial handling of the consumeisputes, which is the Czech Trade Inspection Authority
www.coi.cz (www.coi.cz).
Disputes arising from contracts on service provision concluded onlinetween a consumer with residency in the European Union and a tradestablished in the European Union can also be resolved using thnline dispute resolution platform attp://ec.europa.eu/consumers/odr . Alternatively, and to thullest extent permitted by the applicable law, you agree that thzech general courts shall have exclusive jurisdiction over disputen which at least one of the parties to the dispute is a consumernless mandatory statutory consumer protection regulations in youountry provide as a further alternative that a dispute or controversrising out of, relating to, or in connection with these Terms oervice be handled by the court of the jurisdiction where you residr are domiciled. If you are acting as an individual consumer and iandatory statutory consumer protection regulations in your country oesidence or domicile contain provisions that are more beneficial foou, such provisions shall apply irrespective of the choice of Czecaw or of Czech courts.

Section 13 of these Terms of Service will survive the termination oour relationship with Webprocessing.

14. Governing Law

You agree that the Terms of Service, your use of the Website, and any claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website, shall be governed by the laws of the Czech Republic, except for the laws of the Czech Republic that govern conflict- or choice-of-law. The substantive law of the Czech Republic shall control, to the fullest extent permitted by law.

15. Separation of Terms

Each of the paragraphs of these Terms of Service operates separately. If any part of these Terms of Service is deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, the invalidity of any such provision shall not affect the validity of any of the remaining provisions of these Terms of Service, which still apply and are binding.
Any unenforceable term will be substituted with a term that comes as close to the unlawful or unenforceable term as possible.

16. General

These Terms of Service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and Webprocessing. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such Term or any other Term, and Webprocessing's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision.

We may amend, and reserve the right to amend, these Terms at any time and for any reason by posting updated Terms on our Website. We will notify you of major changes made to these Terms of Service, such as those relating to the characteristics of the service provided. You are advised to periodically review the most up-to-date version of our Terms of Service, so that you are aware of any changes. Once we make new Terms available, any changes become effective immediately and by using the Website, you agree to the Terms as amended. By continuing to use our Website and services after the changes take effect, you agree to be bound by the revised policy.

17. Other

In case you are a consumer, you represent and warrant to us that we provided you with information to the extent required by applicable consumer protection legislation in advance before entering into a contract. We hereby inform you of your right to withdraw from the contract for any reason, in order to do so, you must inform us in writing within 14 days from the conclusion of the contract. If you withdraw from the contract after Webprocessing start providing the services within abovementioned period, we may request payment of the services you have already used. The minimum period of service is for 1
month. The contract is concluded for an indefinite time period, you may terminate the contract at any time for any reason by canceling your subscription. You have a right to submit a warranty claim to Webprocessing and Webprocessing is obliged to accept this claim and process it. The claim must be submitted to Webprocessing without undue delay, no later than within two months from the date of the defective provision of the Service. Webprocessing is obliged to deal with the claim without undue delay within one month from submission of the claim.
If Webprocessing finds the claim justified and the defect can be fixed consumer may demand either a repair or supplementing what is missingr a reasonable price reduction. If a defect cannot be fixed and prevents the proper use of the Service, the consumer may either withdraw from the contract or demand a reasonable price reduction.

Summary of Recent Changes

We've made some changes regarding how we will resolve disputes if they arise. We've added a provision requiring that disputes be resolved by binding arbitration unless an exception applies. This means users are waiving their right to participate in class actions against Webprocessing.
We've also made some edits to streamline these Terms.