Terms & Conditions
Last Updated: December 14, 2021
1. Overview
These Terms of Service form a legally binding contract between TELLY STUDIOS INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use our website located at https://www.tellystudios.com or any related mobile platform controlled by us (collectively, the "Application"). These Terms of Service apply to all services provided through our Application.
It is very important that you read and fully understand these Terms of Service before using the Application. By agreeing to these Terms of Service and using the Application, you are entering into a legally binding contract which will impact your rights.
By accessing any part of the Application, you agree to be bound by these Terms of Service. You are also confirming that you have read and fully understood these Terms of Service. If you do not agree to or understand all of these Terms of Service, then you may not access the Application or use any services available on the Application.
These Terms of Service should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Application. If you have any questions, please contact us by sending an email with your questions to help@tellystudios.com before accessing or entering any information on the Application.
It is very important that you read and fully understand these Terms of Service before using the Application. By agreeing to these Terms of Service and using the Application, you are entering into a legally binding contract which will impact your rights.
By accessing any part of the Application, you agree to be bound by these Terms of Service. You are also confirming that you have read and fully understood these Terms of Service. If you do not agree to or understand all of these Terms of Service, then you may not access the Application or use any services available on the Application.
These Terms of Service should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Application. If you have any questions, please contact us by sending an email with your questions to help@tellystudios.com before accessing or entering any information on the Application.
2. Services Available on the Application
We use our website and mobile application as a platform for film and TV discovery. The services we offer are subject to change over time. By using the Application, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
3. Ownership of Your Content
When you choose to upload data (including any images or text) to the Application, TELLY STUDIOS INC. does not review or pre-screen the contents of electronic data uploaded or posted to the Application (“Content”) and TELLY STUDIOS INC. claims no intellectual property rights with respect to the Content.
However, by posting, uploading, inputting or submitting any Content whatsoever to the Application, you are granting TELLY STUDIOS INC. an irrevocable, royalty free license while the Content remains uploaded to the Application, to use the Content for any purpose related to the use and promotion of its business and the Application, including the right to copy,distribute, edit, and publicly display such content with or without attribution.
However, by posting, uploading, inputting or submitting any Content whatsoever to the Application, you are granting TELLY STUDIOS INC. an irrevocable, royalty free license while the Content remains uploaded to the Application, to use the Content for any purpose related to the use and promotion of its business and the Application, including the right to copy,distribute, edit, and publicly display such content with or without attribution.
4. Payment Procedures
If you choose to become a subscriber in order to access premium features, you agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).
If you choose to make an In-App purchase, then the App Store Provider's terms of use and/or end user license agreement from which you originally downloaded the Application shall also be applicable. You acknowledge and agree that all billing and transaction processes for In-App purchases are governed by the App Store Provider from which you originally downloaded the Application.
If you choose to make an In-App purchase, then the App Store Provider's terms of use and/or end user license agreement from which you originally downloaded the Application shall also be applicable. You acknowledge and agree that all billing and transaction processes for In-App purchases are governed by the App Store Provider from which you originally downloaded the Application.
5. Your Account
In order to fully use the Application, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Application, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.
6. Limitation of Liability
Except in a case where we are in violation of these Terms of Service, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Application.
Your use of the Application is at your sole risk. The Application is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Application will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damage show ever caused, whether in contract, tort, or otherwise, and whether or not you or the third parties have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
Your use of the Application is at your sole risk. The Application is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Application will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damage show ever caused, whether in contract, tort, or otherwise, and whether or not you or the third parties have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
7. Indemnification
You agree to indemnify and hold harmless TELLY STUDIOS INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Application, including but not limited to your violation of any term of these Terms of Service or any other policy posted on the Application.
8. Security Breaches
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Application are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Application that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Application that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
9. Compliance with Laws
You represent and warrant that:You have the authority to bind yourself to these Terms of Service;Your use of the Application will be solely for purposes that are permitted by these Terms of Service;Your use of the Application will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; andYour use of the Application will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Application.
You must only use the Application for your own lawful purposes, in accordance with theseTerms of Service. You may use the Application on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Service.
You must only use the Application for your own lawful purposes, in accordance with theseTerms of Service. You may use the Application on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Service.
10. Age Restrictions
Users Must be Over the Age of 18. You represent and confirm that you are over the ageof 18. We do not target, market, or promote the Application to those under 18. We do notpermit any User under the age of 18 to use the Application.
11. Community Policy & Removal of Content
You must be courteous and respectful of others’ opinions, and you must not post unwelcome, aggressive, suggestive or otherwise inappropriate remarks directed at another member of the Application. You must not use the Application for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other user of the Application. You must not request or attempt to solicit personal or identifying information from another member of the Application.
You must not use the Application to promote, engage in or incite hate, violence, discrimination or intolerance, including based on race, age, gender, gender identity, ethnicity, religion, disability, sexual orientation or other protected attribute. We reserve the right to remove content that has the potential to harm communities we consider worthy of protection. You must not use the Application (or encourage others to use the Application) to create multiple accounts, deceive or mislead other users, disrupt discussions, circumvent account blocks, game the Application’s mechanics, alter consensus, or participate in orchestrated attacks against films or filmmakers.
We reserve the right to remove any content posted to the Application that we consider (in our absolute discretion) to be offensive, objectionable, unlawful, explicit, graphic or otherwise in breach of these Terms of Service, including content that expressly (or implicitly, through coded language, symbol, keywords or tags) praises, supports, promotes or represents white-nationalist or neighboring ideologies. We reserve the right to remove any content posted to the Application that disseminates misinformation and its related manipulations, including viral sloganeering, as well as temporarily or permanently block any account that violates these Terms.
You must not use the Application to promote, engage in or incite hate, violence, discrimination or intolerance, including based on race, age, gender, gender identity, ethnicity, religion, disability, sexual orientation or other protected attribute. We reserve the right to remove content that has the potential to harm communities we consider worthy of protection. You must not use the Application (or encourage others to use the Application) to create multiple accounts, deceive or mislead other users, disrupt discussions, circumvent account blocks, game the Application’s mechanics, alter consensus, or participate in orchestrated attacks against films or filmmakers.
We reserve the right to remove any content posted to the Application that we consider (in our absolute discretion) to be offensive, objectionable, unlawful, explicit, graphic or otherwise in breach of these Terms of Service, including content that expressly (or implicitly, through coded language, symbol, keywords or tags) praises, supports, promotes or represents white-nationalist or neighboring ideologies. We reserve the right to remove any content posted to the Application that disseminates misinformation and its related manipulations, including viral sloganeering, as well as temporarily or permanently block any account that violates these Terms.
12. Governing Law and Dispute Regulation
These Terms of Service and any access to or use of the Application shall be governed by, and constructed in accordance with the laws in force in the Province of Ontario. If any claim, dispute or controversy occurs between TELLY STUDIOS INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Service, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or TELLY STUDIOS INC.
Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
13. Waiver of Class Action
By using the Application, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against TELLY STUDIOS INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Application. Where applicable, you here by agree to opt out of any class proceeding against TELLY STUDIOS INC. otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
14. Amending This Policy
These Terms of Service may be updated and amended from time to time. We reserve the right to change these Terms of Service at any time, including by changing the amount of Fees payable for any of our services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to users, and by continuing to use the Service, you will be taken to have agreed to the changes.
15. Contact Us
These Terms of Service may be updated and amended from time to time. We reserve the right to change these Terms of Service at any time, including by changing the amount of Fees payable for any of our services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to users, and by continuing to use the Service, you will be taken to have agreed to the changes.