These Terms and Conditions ("Terms") govern your use of the website located at eternafilms.ca (the "Website"), operated by Eterna Creative Group Inc., operating as Eterna Films ("Eterna Films," "the Studio," "we," "us," "our"). By accessing or using the Website, you ("you," "the visitor") agree to be bound by these Terms. If you do not agree, please do not use the Website.

These Terms govern the Website only. If you are a client receiving photos or videos through one of our third-party delivery platforms (such as a client gallery, file transfer, or download service), separate terms may apply, including our Terms of Sale and Digital Image License, available on that platform, and your signed service agreement, where applicable. In the event of any conflict between this page and those documents regarding a purchase or image usage made through a third-party delivery platform, the more specific document governs.

1. Eligibility

The Website is intended for visitors who are at least the age of majority in their province or territory of residence, or who are accessing the Website under the supervision of a parent or legal guardian. By using the Website, you represent that you meet this requirement, or that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Use of the website

You may browse the Website and view its content for personal, non-commercial purposes, including researching our services and submitting inquiries through our contact form. You may not:

• Copy, reproduce, republish, or redistribute any substantial portion of the Website's content (including photographs, video, text, or design elements) without our prior written consent

• Use any content from the Website for commercial purposes, including in marketing materials, portfolios, or submissions implying you produced the work shown

• Attempt to scrape, data-mine, or systematically extract content from the Website using automated tools, including for the purpose of training, fine-tuning, or otherwise developing any artificial intelligence or machine learning model

• Interfere with the Website's security, attempt to gain unauthorized access to any part of the Website or its underlying systems, or introduce malware, viruses, or harmful code

• Submit false, misleading, or fraudulent information through the contact form or any other feature of the Website

• Use the Website in any way that violates applicable law or infringes the rights of any third party

We reserve the right to restrict, suspend, or terminate any visitor's access to the Website, without notice, if we reasonably believe these Terms have been violated.

3. Intellectual property

All photographs, videos, text, graphics, logos, and other content displayed on the Website (collectively, "Website Content") are the property of Eterna Creative Group Inc. or are used with permission, and are protected under the Copyright Act (Canada), applicable trademark law, and international copyright treaties to which Canada is a party. Nothing in these Terms transfers any ownership or intellectual property right to you. Limited personal viewing of the Website does not grant any license to reuse, modify, or create derivative works from any Website Content.

This restriction applies regardless of the method of reproduction or extraction, including manual downloading, screenshotting, automated scraping, or processing by any automated system, bot, or artificial intelligence tool.

Unauthorized use of Website Content may result in legal action, including but not limited to claims for copyright infringement, injunctive relief, statutory damages, and recovery of legal costs, to the fullest extent permitted under the Copyright Act (Canada) and applicable law.

If you believe content on the Website infringes your intellectual property rights, please contact us using the information in Section 10 so we can investigate.

4. Submissions through our contact form

When you submit information through our contact form, you represent that the information provided is accurate and that you have the right to share it with us, including any details about a third party (such as a co-planner or partner) you may include in your submission. Submitting an inquiry does not create a binding service agreement, reservation, or guarantee of availability; a service agreement is only formed once both parties sign a separate written contract for your specific event or project.

We are not obligated to respond to every inquiry submitted through the Website and may decline to provide services to any prospective client for any lawful reason, including scheduling conflicts or business judgment.

Our handling of any personal information you submit is governed by our Privacy Policy, available at eternafilms.ca/privacy-policy.

5. Accuracy of website content

We make reasonable efforts to keep information on the Website accurate and up to date, including service descriptions, pricing information (where listed), portfolio content, and contact information. However, the Website may contain typographical errors, outdated information, or inaccuracies from time to time. We do not warrant that all content on the Website is complete, current, or error-free, and we reserve the right to correct any errors and to update or change content, including pricing or service descriptions, at any time without notice. Any pricing or package information displayed on the Website is for general reference only and does not constitute a binding offer; final pricing is confirmed only in a signed service agreement.

6. Third-party links and embedded content

The Website may contain links to third-party websites, including our social media profiles, partner businesses, booking tools, or external resources, and may embed third-party content such as video players or maps. We do not control and are not responsible for the content, accuracy, security, or privacy practices of any linked or embedded third-party website or service. Visiting a linked website or interacting with embedded content is at your own risk, and we encourage you to review that third party's own terms and privacy policy.

7. Disclaimers and limitation of liability

The Website and its content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, free of viruses or harmful components, or error-free, or that any defects will be corrected.

To the fullest extent permitted by law, Eterna Creative Group Inc. and its owners, officers, employees, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of data, revenue, or business opportunity, arising out of or related to your use of, or inability to use, the Website, even if advised of the possibility of such damages. This limitation applies regardless of the legal theory on which a claim is based, including contract, tort, negligence, or strict liability.

Where any liability cannot be excluded under applicable Canadian or Ontario law, including the Consumer Protection Act, 2002 (Ontario) where it applies, our total liability is limited to the greatest extent permitted by that law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Eterna Creative Group Inc., its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Website, or your violation of any applicable law or third-party right in connection with your use of the Website.

9. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario, and you irrevocably attorn to that jurisdiction.

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect. Our failure to enforce any provision of these Terms shall not be considered a waiver of that provision or any other provision.

10. Changes to these terms

We may revise these Terms at any time without prior notice, effective upon posting of the updated Terms on this page. The date at the top of this page reflects the most recent revision. Continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.

11. Contact us

Questions about these Terms can be directed to:

Eterna Films (a trade name of Eterna Creative Group Inc.) [email protected] (343) 700-6470 2190 Thurston Dr, Unit B, Ottawa, ON K1G 6E1