PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

This Site is owned and operated by Utility Creative Services, Inc. (“we”, “us”, "Utility"). These Terms of Use apply to your access to, and use of the ctlg.io website and CTLG applications, your use of any media hosting services, other services provided on or through this Site (“CTLG”, "CTLG Services" or “Services”). Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.

Utility reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Site or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.

CTLG Services may be in a Beta state. Beta version software products are still under development and testing, and may not reflect the features or usability of final release candidate software. If you use beta version software product then you are getting an exclusive look at a new software product and you are also acting as a beta test team member, therefore any bugs, problems or suggested improvements should be reported using a special e-mail address: support@ctlg.io. You agree to use all Beta software strictly on an ‘as is, where is’ basis, and the software developer shall not be held liable in any way for your use of such software.  

Basic Terms of Use

  1. You must be 13 years or older to use the CTLG Services.
  2. You are responsible for any activity that occurs under your CTLG account.
  3. You are responsible for keeping your password secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other users of CTLG Services.
  5. You may not use the CTLG Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You must not, in the use of CTLG Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. You are solely responsible for your conduct and any content that you post, upload, share, publish, display or submit (collectively, "post") on the CTLG Services.
  8. You must not modify, adapt or hack CTLG Services or modify another website or application so as to falsely imply that it is associated with CTLG Services.
  9. You must not transmit any worms or viruses or any code of a destructive nature.

Violation of any of these agreements will result in the termination of your CTLG account. While Utility prohibits users from performing on Utility's sites the types of conduct and content described above, you understand and agree that Utility cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the CTLG Services at your own risk.

Basic Conditions

  1. We reserve the right to modify or terminate the CTLG Services for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  4. Although the CTLG Services are normally available, there will be occasions when one or more CTLG Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Utility.
  5. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the services or any services or items obtained through the services or to your downloading of any material posted on it, or on any services linked to it.
  6. Utility hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
  7. In no event will Utility be liable for damages under any legal theory, arising out of or in connection with your use, or inability to use, the services, any content on the services or such other services or any services or items obtained through the services or such other services, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. the foregoing does not affect any liability which cannot be excluded or limited under applicable law. In all events, Utility’s liability under these Terms of Use shall not exceed the amounts received from you for the CTLG Services.
  8. These Terms of Service are governed by the laws of the Province of British Columbia and the applicable laws of Canada, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in British Columbia, Canada. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use. You and Utility specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

Pricing Conditions

At any time, your CTLG account will either be provided under a Trial Plan, Limited Plan, Prepaid Plan or Subscription Plan.

CTLG Trial Plan Conditions

When creating your CTLG account, Utility may offer you a one-time complimentary trial subscription (Trial Plan) during which you can try out the CTLG Services for a period of seven (7) days from the day you activate the trial from within the CTLG Services.  Extra storage, bandwidth and publishing restrictions may apply during that trial period.

At the end of that seven (7) day period (or before, if you wish) if you opt to purchase access to CTLG Services, your CTLG account will convert to a Prepaid Plan or Subscription Plan depending on the . If you choose not to purchase a Subscription Plan before the end of the thirty (7) day period, your CTLG account will be converted to a Limited Plan. At its own discretion, Utility might allow a grace period up to thirty (30) days before converting your account to a Limited Plan; during that grace period, some CTLG Services features might be limited.

CTLG Subscription Plan Conditions

Utility offers you the option of subscribing to a monthly or yearly CTLG Subscription Plan. By doing so, your CTLG account will not be subject to some of the restrictions placed on Limited Plan as described below.

A CTLG Subscription Plan may be purchased through credit card form on the CTLG website.  The fees for your CTLG Subscription Plan will be billed from the date you purchase it and on each monthly or yearly renewal thereafter unless and until you cancel your account.  If any fee is not paid in a timely manner, or your purchase cannot be processed using the payment information provided, Utility reserves the right to convert your account to a Limited Plan (which is subject to the restrictions described below). At its own discretion, Utility might allow a grace period up to thirty (30 days) before converting your account to a Limited Plan during which grace period some CTLG Services features in your account might be limited.

If you purchased your CTLG Subscription Plan with credit card through the CTLG website, Utility will bill the yearly fees associated with your CTLG Subscription Plan plus any applicable tax to the credit card you provide to us during purchase (or to a different credit card if you change your account information). If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information from the CTLG website. It is your responsibility to keep your contact information and payment information current and updated.

Utility may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.

Your CTLG Subscription Plan will continue in effect unless and until you cancel it or we terminate your account. You must cancel your CTLG Subscription Plan before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card.

CTLG Subscription Plans are prepaid and are non-refundable. Utility does not provide refunds or credits for any partial months or years (unless we, in our discretion, terminate your account early for reasons other than your breach of these Terms of Service). You may cancel your CTLG Subscription Plan at anytime, which will disable automated billing and set your account to the CTLG Prepaid Plan for the remainder of the billing period. If you wish to cancel your CTLG Subscription Plan you may do so via the CTLG website or via support@ctlg.io.

Should you elect to cancel your CTLG Subscription Plan, your account will automatically convert to a Prepaid Plan for the remainder of the subscription period and will convert to a Limited Plan at the end of the subscription period. Please note that you will not be issued a refund for the most recently (or any previously) charged monthly or yearly fees.

CTLG Prepaid Plan Conditions

Utility offers you the option of purchasing a CTLG Prepaid Plan that does not have the same automated billing cycle as the Subscription Plan. By doing so, your CTLG account will not be subject to some of the restrictions placed on Limited Plan as described below.

A CTLG Prepaid Plan may be purchased through any of the payment options listed on the CTLG website.  The fees for your CTLG Prepaid Plan will be billed on the date you purchase it and no recurring fees will follow.  At the end of the prepaid term you will receive an email with instructions to renew your Prepaid Plan or sign up for a Subscription Plan.  At the end of the Prepaid Plan term, the account will be converted to a Limited Plan account. At its own discretion, Utility might allow a grace period up to thirty (30 days) before converting your account to a Limited Plan during which grace period some CTLG Services features in your account might be limited.

CTLG Limited Plan

If converting your account to a Limited Plan from a Trial Plan, Subscription Plan or Prepaid Plan, all media uploaded to CTLG Services will be deleted after a thirty (30) day grace period.  

Utility reserves the right to terminate accounts on Limited Plan at any time, with or without notice. Without limiting the generality of the foregoing, if an account on Limited Plan is inactive for one hundred eighty (180) days, then Utility may delete it without providing additional notice.

User Content on CTLG Services.

Utility does not claim any ownership rights in the text, images, photos, video, sounds, files, works of authorship, or any other materials (collectively, "Content") that you post on or through the CTLG Services. By displaying or posting any Content on or through the CTLG Services, you hereby grant to Utility a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content in or through the CTLG Services to you and to those other users with whom you choose to share such Content. You acknowledge that in the event that you choose to share your Content with third parties from the CTLG Services to any third party services (for example, Facebook or Twitter), that your use of and rights with respect to the Content shall be subject to the privacy policies and terms of such third party services.

You represent and warrant that: (i) you own the Content posted by you on or through the CTLG Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the CTLG Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content in the CTLG Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the CTLG Services.

Copyright And Limited License

CTLG and all Media, text, code and other content and materials on CTLG and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Utility or its licensors or users and are protected by Canadian and international copyright laws.

Utility grants you a limited, non-sublicensable, revocable license to access and use the CTLG Services solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with Utility. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

  1. the collection, copying or distribution of any portion of CTLG or the Site Materials;
  2. any resale, commercial use, commercial exploitation, distribution, public performance or public display of CTLG or any of the Site Materials;
  3. modifying or otherwise making any derivative uses of CTLG or any of the Site Materials;
  4. scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
  5. with the exception of your own Media, or others' Media available for download, the downloading of any portion of CTLG, the Site Materials or any information contained therein; or
  6. any use of CTLG or the Site Materials other than for their intended purposes.

Any use of CTLG or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Utility or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.

Trademarks

"CTLG", the CTLG logo, the Utility logo, the look and feel of CTLG, and any other Product or Service names, logos or slogans contained in CTLG are trademarks of Utility and may not be copied, imitated or used without the prior written permission of Utility. All other trademarks, registered trademarks, product names and company names or logos mentioned in CTLG are the property of their respective owners.

Hyperlinks

You may create a text hyperlink to CTLG, provided such link does not portray Utility or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Utility at any time. Further, you may not frame CTLG without Utility's express written consent.

Utility makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from CTLG, or Web sites linking to CTLG. Utility provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave CTLG, you should be aware that our terms and policies no longer govern.

Third Party Content

Utility may host third party content on CTLG ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by Utility of any Third Party Content. Utility makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.

It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

Last updated 2012-08-29