Terms & Conditions

By using the CAST MEET CREW mobile application (the “Application”), you agree to be bound by these terms of use (“Terms of Use”). The Application is owned and controlled by Creative Lighthouse Inc. (“Creative Lighthouse Inc.”, “we”, “us” or “our”). If you do not agree to be bound by these Terms of Use, you are not permitted to access or use the Application.

These Terms of Use are effective on 4th day of January, 2022
We reserve the right to change these Terms of Use from time to time. You agree that we may notify you of changes to these Terms of Use that, in our sole discretion, are material, by posting them on the Application (e.g. via a push notification), and that your use of the Application after the effective date of the revised Terms of Use constitutes your acceptance of those terms. The revised Terms of Use will be effective as of the time of posting.

 
 
USE OF THE APPLICATION
  1. You may not use the Application if you are under 13 years of age. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of a parent or guardian before accessing or using the Application. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and (ii) of legal age to form a binding contract.
  2. You certify that the information you provide on the Application (e.g. registration information) is accurate and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
  3. You are responsible for keeping your password secret. You are responsible for any acts or omissions that occur on or through your account. You may not sell, transfer, license or assign your account rights, such as your user name, domain, followers, and account. Unless you have been granted express authorization from us, you agree that you will not create an account for anyone other than yourself.
  4. You must not create accounts on the Application through unauthorized means, including, but not limited to, by using an automated script, bot, or crawler
  5. You may not use the Application for any illegal or unauthorized purpose.
  6. You are solely responsible for your conduct and any content that you submit, post or share on or via the Application.
  7. You agree that we will not be responsible for any content posted by users on or via the Application.
  8. You must not harass, abuse, threaten or intimidate other users of the Application.
  9. You must not modify the Application, or modify another service or application so as to falsely represent that it is associated with the Application.
  10. You must not interfere or attempt to interfere with others’ use of the Application, and you must not encourage or facilitate violation of these Terms of Use.
  11. You must not violate or attempt to violate the security of the Application.
  12. Violation of these Terms of Use may, in our sole discretion, result in termination of your account on the Application.

GENERAL CONDITIONS

  1. We reserve the right to modify, suspend or terminate your access to the Application for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Application or if you deactivate your account, any content that you had submitted, shared or uploaded via the Application will no longer be accessible through your account.
  2. Upon termination of your account, all rights granted to you in these Terms of Use will immediately cease.
  3. We have the right, in our sole discretion, to edit, move, delete and/or block any content submitted or shared via the Application or accounts containing content that we determine to be violating these Terms of Use.
  4. Some features of the Application may make use of location information which identifies your location at various times. If you enable geolocation features on the Application, you agree that we may collect your device’s geolocation data and maintain historical location information for your device.
  5. You agree that we are not responsible or liable for the conduct of any user of the Application. You agree that we do not have any obligation to resolve or become involved in disputes between you and other users.
  6. You understand that different versions of the Application may be provided to different users and, therefore, some features of the Application that are available to other users may not be available to you. You agree that we are not responsible or liable for any loss or damages arising from any discrepancies in the versions of the Application that are available to users.

USER CONTENT

  1. Users of the Application may submit or share content on or via the Application in accordance with these Terms of Use.
  2. By submitting or sharing content on or via the Application, you warrant and represent that you are the sole author and owner of the content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.
  3. You represent and warrant that you will not submit any of the following content:
    • Content that violates local, provincial, federal, or international laws;
    • Content that infringes on the rights of others, such as privacy rights, publicity rights, or intellectual property rights;
    • Content that is obscene, violent, pornographic, sexually suggestive, defamatory, slanderous, abusive, discriminatory or hateful to any other person or entity as determined by us in our sole discretion;
    • Content that contains private or confidential information pertaining to you or others, such as credit card information, social security numbers, or non-public contact information;
    • Content that contains viruses or other harmful computer code; or
    • Content that interferes with the use of the Application by others.
  4. You agree that we are not responsible for, and do not endorse, any of the content posted within the Application. If any content you post or share on or via the Application violates these Terms of Use, you may bear legal responsibility for that content.
  5. We do not have any obligation to monitor, edit, block or remove any content submitted by users of the Application.

RIGHTS

    1. While you will retain ownership of your content, if you submit any content to the Application, you automatically grant to us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, unlimited, transferable license to use, reproduce, modify, publish, and display the content that you post on or via the Application, subject to our Privacy Policy.
    2. The Application, or at least parts thereof, may be supported by advertising revenue. The Application may display advertisements and promotions, and you agree that such advertising and promotions may be placed in the Application on, about, or in conjunction with your content.
    3. We are not liable to you for the loss of any content submitted or shared on or via the Application.
    4. Unless otherwise noted, all materials that are part of the Application, such as images, text, designs, audio and video clips, and user interface elements are subject to intellectual property rights, including, without limitation, copyrights and trademarks owned by or licensed to us. We expressly reserve all intellectual property rights in all products, processes, technology, and other materials that appear on the Application. Access to the Application does not confer and shall not be considered as conferring upon anyone any license under any of our intellectual property rights.

THIRD PARTY APPLICATIONS
You may choose, at your sole discretion and risk, to use an application that connects the Application or your profile on the Application with a third-party service (e.g. Vimeo, SoundCloud, Facebook, Google, or Instagram), and such service may interact with, connect to or gather and/or pull information from and to your Application profile. You acknowledge and agree that your use of any third-party application is at your own option and risk, and you will hold us harmless for activity related to any third-party applications. You acknowledge and agree that we are in no way responsible or liable for any third-party services or features.

 

PRIVACY
You acknowledge and agree that any personal information that you provide through the Application will be used by us in accordance with our Privacy Policy, the terms of which are incorporated herein by reference.

 

INDEMNIFICATION
You agree to defend, hold harmless and defend Creative Lighthouse Inc. and its affiliates from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses, including legal fees, arising from or related to your use of the Application or any breach by you of these Terms of Use. This provision shall survive the termination of these Terms of Use and remain in full force and effect.

 

TERMINATION
These Terms of Use are effective unless and until terminated by either you or us. You may, on notice to us, terminate these Terms of Use at any time, provided that you discontinue any further use of the Application. We may terminate these Terms of Use at any time and may do so without notice, and accordingly deny you access to the Application, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use.

 

DISCLAIMER OF WARRANTIES
The Application is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither we nor any of our employees, managers, officers or agents (the “Creative Lighthouse Inc. Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Application; (b) the Application content; or (c) security associated with the transmission of information to us or via the Application. In addition, the Creative Lighthouse Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for any particular purpose, and non-infringement
The Creative Lighthouse Inc. Parties do not represent or warrant that the Application will be error-free or uninterrupted; that defects will be corrected; or that the Application or the server that makes the Application available is free from any harmful components, including, without limitation, viruses. The Creative Lighthouse Inc. Parties do not make any representations or warranties that the information (including any instructions) on the Application is accurate, complete, or useful. You acknowledge that your use of the Application is at your own risk. The Creative Lighthouse Inc. Parties do not warrant that your use of the Application is lawful in any particular jurisdiction, and the Creative Lighthouse Parties disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Use.
By accessing or using the Application, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Application.
The Creative Lighthouse Inc. Parties do not endorse any content on the Application and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

 

LIMITATION OF LIABILITY
In no event shall we be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Application; (b) the Application content; (c) your use of the Application; (d) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party’s use of the Application; (e) any action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Application’s operation; or (g) any damage to any user’s computer, mobile device, or other equipment or technology including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will we be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
You agree to release us from all liability relating to your connections and relationships with other users of the Application. You understand that we do not screen users nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the Application, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications, meetings, or other interactions with users or persons you may meet through the Application.
You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any property, product, service or other content owned or controlled by us.
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

 

ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and us and governs your use of the Application, superseding all prior agreements and representations between you and us. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision, and the other terms of these Terms of Use shall remain in full force and effect. Our delay or failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

 

GOVERNING LAW
These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute relating in any way to your use of the Application will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.

 

APPLE/GOOGLE TERMS OF SERVICE
If you download the Application from the Apple App Store, these Terms of Use incorporate the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement provided therein. If you download the Application from the Google Play Store, these Terms of Use incorporate the Google Play Terms of Service. Where the terms of the Apple Media Services Terms and Conditions and/or Google Play Terms of Service conflict with the terms of these Terms of Use, these Terms of Use shall govern.