THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY MAKE AN INTEGRAL PART OF THIS WEBSITE AND ALL OF ITS CONTENT.
THE CLUBBERS BACKDOOR™ (TCB) aka The CLUBBERS VIP™ (TCVIP), CTS productions™, TV CASTING RANCH, CITYSCAPE LADIES and PI SECRETS are all owned and operated by THE CRELYD GROUP™ Inc; a company incorporated in the province of Ontario and are trademarked and used with permission.
These Terms and Conditions apply to all THE CRELYD GROUP Internet sites (our sites), now or in the future which reference these Terms and Conditions. By using any of THE CRELYD GROUP sites, (www.ctsproductions.ca, www.thecrelydgroup.com, www.theclubbersvip.com AND www.tvcastingranch.ca ) or any of the products or services (collectively the “Services”) available on or as a third party connection to our sites, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular sites of ours. Site or Service, may be modified by us from time to time in its sole discretion (collectively the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use our sites or any of the Services on our sites.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. A notice will be posted in our online newsletter advising you of such changes and our suggestion you familiarize yourself with such changes. Please check periodically for changes. Your continued use of our sites following the posting of any changes to these Terms and Conditions will mean you accept those changes.
REGISTRATION, ACCOUNTS and PASSWORDS
Certain of the Services and related features made available on our sites may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. The creation of “phantom profiles” and/or profiles that intend on being deceiving, in any way, is strictly prohibited.
You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on our sites, and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account.
THE CRELYD GROUP shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
RESTRICTIONS ON USE OF MATERIALS
All material, information and content (collectively “Content”) available on our sites, including the manner in which such Content is presented, and the Services are: Copyright ©THECRELYDGROUP, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. THE CRELYD GROUP grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through OUR SITES or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of THE CRELYD GROUP inc.
In consideration of the use of our sites or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using our sites or Service. You acknowledge that THE CRELYD GROUP may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
Post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use our sites or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying our sites or Services, or the Internet;
Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
SUBMISSION OF ONLINE APPLICATIONS
All online applications filled out by a user and SUBMITTED for consideration remains the property of THE CRELYD GROUP and any of its sister sites and subsidiaries and may be used by our company for marketing and/or promotional use AT OUR DISCRETION and for as long as our sites are live and operational. Consent is therefore granted to such use by the sender through the process of the SUBMIT feature.
RELEASE OF LIABILITY
By attending any event at the TV casting ranch physical location, you release THE CRELYD GROUP, any of its employees, contractors and suppliers from any and all liability from injury whatsoever.
RESPONSIBILITY FOR MINORS
In cases where you are a minor using any of our sites OR you have authorized a minor to use our sites or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use our sites or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of our sites may contain material that is inappropriate for minors.
PROFESSIONAL INFORMATION DISCLAIMER
Our sites may make available certain information provided by third parties related to various professional fields such as, without limitation, E-Commerce, Transportation, Nightclubs, Alcohol, Music, peak and non peak Television programming and other related matters. The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific course of action. Use of our sites does not replace consultations with a qualified legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree THE CRELYD GROUP, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
DISCLAIMER REGARDING SEARCH CONTENT
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through our sites search services are protected by copyright and/or other intellectual property laws.
THE CRELYD GROUP does not authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside our sites, all of the Multimedia Content contained on such sites is owned and served by entities other THE CRELYD GROUP. THE CRELYD GROUP provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site’s search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
THE CRELYD GROUP reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on our sites. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of our sites and any of the Services immediately. Your continued use of our sites or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, THE CRELYD GROUP reserves the right to change, modify, suspend or discontinue any aspect of our sites, Services or Content from time to time without notice or liability and for any reason whatsoever.
CONTENT LINKED TO THE CRELYD GROUP SITES
Please exercise discretion while browsing the Internet. Please note that certain links on our sites may take you to other websites. We provide these links only as a convenience and not as an endorsement by THE CRELYD GROUP. These linked sites are not necessarily under the control of THE CRELYD GROUP. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page which is not part of our sites and under our control. Unless otherwise expressly provided, THE CRELYD GROUP makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that THE CRELYD GROUP will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from our sites.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, our sites or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. THE CRELYD GROUP assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that we shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
SUBSCRIPTION/FEE BASED SERVICES and PRODUCTS
Certain of the Services/Products made available on our sites may be offered by us on a payment basis (a “Pay Service”). Pay Services may be offered by THE CRELYD GROUP on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. Any product or services purchased on anyone of our sites may be refunded to you WITHIN 3 DAYS OF PURCHASE. There will be NO REFUNDS past such “grace period” unless it can be proven that such product and/or service purchased is defective and THE CRELYD GROUP has attempted to repair such defective product or service.
You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Pay Service description page (the “Pay Service Description”), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. THE CRELYD GROUP reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
Again, please note that there is a NON REFUNDABLE clause as it applies to the purchase of merchandise from the site (CD’s, DVD’s, Posters and promotional products) past the three days “grace period” unless otherwise stated on the site(s) in clear terms. If it can be proven by the purchaser that the product purchased was damaged PRIOR to its arrival to the purchaser. In such cases, the company will issue a replacement product at no charge to the purchaser (S&H fee may apply).
Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that THE CRELYD GROUP reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that THE CRELYD GROUP reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where we have determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by THE CRELYD GROUP shall be in addition to and without prejudice to such rights and remedies as may be available to us, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by THE CRELYD GROUP or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, AWAKE Entertainment Alliance reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
You agree to defend, indemnify and hold harmless THE CRELYD GROUP, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on our sites, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of our sites, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from us or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE CRELYD GROUP INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THE CRELYD GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE CRELYD GROUP SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE CRELYD GROUP SITE OR ANY OF THE SERVICES.
You expressly acknowledge that THE CRELYD GROUP has entered into this agreement, and has and will make our sites, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
All THE CRELYD GROUP sites and Services are controlled, operated and administered by THE CRELYD GROUP from its offices within Canada. We make no representation or warranty that our sites or any of the Services are appropriate or available for use at any locations outside Canada. If you access our sites from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through our sites in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any of The CRELYD GROUP sites or Services or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that THE CRELYD GROUP, in its sole and absolute discretion, may, without notice to you, suspend or terminate this site or your account or your use of, or access to, our sites or any of the Services, and remove and discard any information or content related to our sites or any of the Services (and your use thereof), for any reason, including where we believe that you have violated any of these Terms and Conditions. You further agree that THE CRELYD GROUP shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our sites or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of THE CRELYD GROUP in operating our sites or any of the Services, your sole and exclusive remedy is to discontinue using our sites or any of the Services.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
THE CRELYD GROUP is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO THE CRELYD GROUP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO THE CRELYD GROUP, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO THE CRELYD GROUP THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT THE CRELYD GROUP IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY use, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between THE CRELYD GROUP and you pertaining to your use of our sites, Services and Content and supercede any prior agreements between you and THE CRELYD GROUP with respect to the subject matter hereof. THE CRELYD GROUP’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.