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Terms and Conditions

By using and/or visiting the TalentTrove.com community, which includes all content available through TalentTrove.com, you assent to the Terms and Conditions described below, including the TalentTrove Privacy Notice located on TalentTrove.com. This Terms and Conditions Agreement (also known as the Agreement and Terms of Service) is legally binding. If you do not agree or assent to any or all Terms and Conditions or the Privacy Statement, please do not register, visit, view or contribute to TalentTrove.com.

If you want to become a Member, communicate with other Members, and make use of TalentTrove.com, read this Terms and Conditions Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified from time to time.

When using particular functionalities and features, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features, which will be posted as they come into existence. These Terms and Conditions also dictate that you are responsible for following all guidelines, terms and rules applicable to functionalities and features made available to you through any of our partners that may not be posted here.

Eligibility

TalentTrove.com is intended solely for access and use by individuals that are fourteen (14) years of age or older. By using our services, you are certifying that you are at least fourteen years old. If you are less than fourteen years old, you must have your parent or legal guardian complete the registration process. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Password

When you sign up to become a Member, you will be asked to choose a username and a password for your Member profile. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.

Terms

This Agreement will remain in full force and effect while you use TalentTrove.com or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "Help" pages, or upon receipt by TalentTrove of your written or email notice of termination. TalentTrove may terminate your membership and access to the Website at anytime for any reason. If your membership is terminated because you have breached the Agreement, you will not be entitled to a refund of any unused subscription or related fees, if any.

Contests

The odds of winning prizes from TalentTrove.com are completely dependent on the rules and final outcomes specific to each contest of games. Prizes are not transferable and no substitution of prizes is permitted except that TalentTrove reserves the right to substitute a prize of equivalent value or greater if a prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Taxes are the sole responsibility of the winners. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In the event of a dispute about the identity of any entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide the sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

Fees

TalentTrove.com reserves the right to charge for any and all services and to change those fees at any time. If your membership is terminated due to a breach of this contract, you will not be entitled to any refund of any unused portion of subscription, fees, related services or contest winnings.

Non-Commercial Use By Members

The Services are for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to TalentTrove or otherwise. Organizations, companies, and/or businesses may not become Members of TalentTrove and should not use the TalentTrove Services for any purpose. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Website, Commercial advertisements, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.

Proprietary Rights in the Service

TalentTrove owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of TalentTrove.com, and its licensors, including other TalentTrove Members. Except for Intellectual Property, which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you, or any third party, any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.

User Submissions

TalentTrove.com may now or later permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, TalentTrove does not guarantee any confidentiality with respect to any submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TalentTrove to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

However, by submitting the User Submissions to TalentTrove, you hereby grant TalentTrove a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TalentTrove Website and TalentTroves business, including without limitation for promoting and redistributing part or all of the TalentTrove Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TalentTrove Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the TalentTrove Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TalentTrove all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TalentTrove or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

Limited Liability

TalentTrove does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TalentTrove expressly disclaims any and all liability in connection with User Submissions. TalentTrove does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TalentTrove will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TalentTrove reserves the right to remove Content and User Submissions without prior notice. TalentTrove will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. TalentTrove also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TalentTrove may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Content Posted on the Services

You understand and agree that TalentTrove may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of TalentTrove violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant, that you have the right to grant, TalentTrove an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). TalentTrove reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators. Prohibited Content includes Content that:

1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
4. promotes information that you know is false, misleading or that promotes activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
5. promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
7. displays pornographic or sexually explicit material of any kind and in any form;
8. contains unblurred or unedited nudity of any kind including, but not limited to photography, drawings, or computer-generated artwork;
9. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
10. provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
12. constitutes, promotes, or is used primarily for the purpose of dealing in counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
13. otherwise violates the terms of this Agreement or creates liability for TalentTrove.

Member Disputes

Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. TalentTrove will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Members use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), TalentTrove is under no obligation to become involved; however, we reserve the right to monitor disputes between you and other Members.

Privacy

Use of the TalentTrove Services are also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Third Party Content

Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, we are not responsible for any such Content and we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.

Release

To the extent permitted under applicable laws, you hereby release TalentTrove from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.

Disclaimer

To the extent permitted under applicable laws, the services are provided "as is" and as available and TalentTrove expressly disclaims any warranty and conditions of any kind, whether expressed or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement and TalentTrove does not guarantee and does not promise (a) any specific results from the use of the services; (b) that the services will meet your requirements; (c) that the services will be available on an uninterrupted, timely, secure, or error-free basis; or (d) the results that may be obtained from the use of the services will be accurate or reliable. TalentTrove does not assume any obligation to monitor activities on the service.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

U.S. Export Controls

Any software provided by TalentTrove through the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Governing Law and Arbitration

This Agreement shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws and principles that may provide the application of the law of another jurisdiction. You and TalentTrove agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Trenton, NJ (USA) and the federal courts located in the State of New Jersey (USA) in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, TalentTrove may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from New Jersey law. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services.

Electronic Communications

The communications between you and TalentTrove use electronic means, whether you visit the Website or send us emails, or whether TalentTrove posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from TalentTrove in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TalentTrove provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your non-waivable rights.

Indemnity

You agree to indemnify and hold TalentTrove, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other

This Agreement contains the entire agreement between you and TalentTrove regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of TalentTrove to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

Copyright/Trademark Information

©2008 - 2010, TalentTrove. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.

Proprietary Rights in the Service

TalentTrove owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of TalentTrove.com, and its licensors, including other TalentTrove Members. Except for Intellectual Property, which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.

Privacy Policy

TalentTrove Privacy Policy

TalentTrove is an online platform to meet people, make connections and be discovered. This Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using TalentTrove.com.
TalentTrove ("TalentTrove", "us" or "we") respects the privacy of the visitors to its Website, the home page of which is located at http://www.TalentTrove.com ("Website").
By using or accessing TalentTrove, you are accepting the practices described in this Privacy Policy.
"Personal Information" is information about you that is personally identifiable to you, like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with the foregoing.
"Anonymous Information" is information that is not associated with or linked to your Personal Information. Anonymous Information does not permit the identification of individual persons. We collect and use Personal Information and Anonymous Information as described in this Privacy Policy.

General

We collect Personal Information that you submit to us voluntarily through our Website.
When you register for the TalentTrove network, we will collect your name, e-mail address, gender, date of birth and ZIP code.
When you save other Personal Information in your profile we will collect any such information you enter.
When you enter Personal Information throughout the TalentTrove network using one of the features of the TalentTrove network, for example journals, testimonials, groups, or message boards, we will collect any such information you enter ("Publicly Posted Information").
When you contact us by sending us an e-mail, we will collect your e-mail addresses and any information contained in the e-mail you send us.
When you use TalentTrove, you may form relationships, send messages, perform searches, form groups, set up events, respond to job postings and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it. Once you register with TalentTrove and sign in to our services, you are not anonymous to us. If you are browsing the Website without registering with TalentTrove, you are anonymous to us, but we will collect the information listed below under Personal Information Collected Via Technology.

Use of Information

Any visitor of the TalentTrove website can view your profile information and photos that you have uploaded to the TalentTrove community. You can control what part of your profile information and photos is visible to visitors of the TalentTrove website and which network of TalentTrove members can see what information.

To provide you with some of the features that the TalentTrove community offers to its members, we may use Personal Information that is stored in your profile after you have requested such features, for example to send invitation e-mails to people that you specified as being interested in joining the TalentTrove community. In order to provide useful information about social networks to people who might be interested in joining the TalentTrove community, we may use your profile information and photos on the TalentTrove website, when we send emails, or when we send general newsletters to members of the TalentTrove community. When you decide to view a member's profile, we may show that TalentTrove member that you chose to view their profile.

If you decide to use certain features of the TalentTrove network (like journals, blogs, groups, message boards and the like), some of the Personal Information you entered into your TalentTrove profile and any information, including Personal Information, that you enter using one of these features, might be used and displayed.

If you choose to use our invitation service to tell a friend about our site, we will ask you for your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site. TalentTrove stores this information to send this one-time email, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us to request that we remove this information from our database.

TalentTrove may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the TalentTrove service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience. TalentTrove members can use the search feature to search for other members by different criteria, like location or gender. The Personal Information that TalentTrove members enter into the TalentTrove profile will be used for these searches. Please be aware that any information that is publicly posted throughout the TalentTrove network can be accessed by every visitor of the Website.

TalentTrove may analyze any collected information for its own internal purposes. In addition, TalentTrove may remove personally identifying information from collected information to render it anonymous. TalentTrove may use Anonymous Information for any purpose and disclose Anonymous Information in its discretion.

Information Sharing & Disclosure

TalentTrove does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or as otherwise described in this privacy policy.

We provide your Personal Information to third party service providers who work on behalf of or with TalentTrove under confidentiality agreements to provide some of the services and features of the TalentTrove community and to help us communicate with TalentTrove members. These service providers may use your personal information to help TalentTrove communicate with you about offers from TalentTrove and our marketing partners. However, these service providers do not have any independent right to share this information.

If you decide to use one of the additional services that are offered by our partners, such as the e-mail finder service, we may forward Personal Information to these partners to enable them to provide the services that you requested.

We also provide information to third-party advertising companies, as described in the next section. Please be aware that the handling of your Personal Information by our partners, or the third-party advertising companies, is governed by their privacy policy, not ours.

If you would like to know (1) the categories of Personal Information about you that we disclosed in the prior calendar year to third parties for the purposes of the third parties marketing and/or (2) the names and addresses of such third parties, please contact us.

We will disclose information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may disclose information, if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of TalentTrove's terms of use, or as otherwise required by applicable law. If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Third Party Advertising

We use third-party advertising companies to serve advertisements when you visit our Website. These companies may use Personal Information, such as gender or age, and other information (not including your name, address, email address or telephone number) about your visits to this and other websites, such as time of day of the login, IP address or information about the internet service provider (ISP), in order to provide advertisements on the Website about goods and services that may be of interest to you.

Personal Information Connect Via Technology

As you navigate the Website, certain information may also be passively collected and stored on our server logs, including your Internet protocol address, browser type, and operating system. We also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the Website you clicked. This type of information is collected to make our services and solutions more useful to you and to tailor the TalentTrove community experience to meet your special interests and needs.

If you search the TalentTrove community by using a toolbar that TalentTrove, or a third party, provides, we may collect Anonymous Information about you automatically, but we will not collect Personal Information.

An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track your IP Address when you login to the Website.

"Cookies" are small pieces of information that a web site sends to your computers hard drive while you are viewing a web site. TalentTrove may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website. Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, some areas of the Website may not work properly.

Other third parties may place advertisements and cookies on webpages within the TalentTrove network. Other companies' use of their cookies is subject to their own privacy policies, not this one.

We reserve the right to send you certain communications relating to the TalentTrove service, such as service announcements, administrative messages and the TalentTrove Newsletter, that are considered part of your TalentTrove account. If you would like to opt out of certain messages, log into TalentTrove, go to your Contact settings by clicking the Edit Settings link in the menu in top right hand corner, and edit your preferences. If you would like to delete your account, log into TalentTrove, go to your Account settings by clicking the Edit Settings link in the menu in top right hand corner, and follow the instructions.

Confidentiality & Security

We limit access to personal information about you to employees and third parties who we reasonably believe need access to that information to provide products or services to you or in order to do their jobs.

We have physical, electronic, and procedural safeguards to protect personal information about you. Your TalentTrove account information is protected by a password that you select. TalentTrove uses industry-standard SSL encryption in certain areas of the Website to protect data transmissions. However, no company, including TalentTrove, can fully eliminate security risks associated with Personal Information.

Other Sites

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Regarding Children

We do not intentionally gather Personal Information about visitors who are under the age of 13. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on TalentTrove. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

Changes to this Privacy Policy

TalentTrove may update this policy from time to time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your TalentTrove account or by placing a prominent notice on our Website. If you object to any such changes, you must cease using our Website. Continued use of our Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Creative Commons

License

The work (as defined below) is provided under the terms of this Creative Commons Public License ("CCPL" or "License"). The work is protected by copyright and/or other applicable law. Any use of the work other than as authorized under this license or copyright law is prohibited.

By exercising any rights to the work provided here, you accept and agree to be bound by the terms of this license. The Licensor grants you the rights contained here in consideration of your acceptance of such terms and conditions.

1. Definitions

"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
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COPPA Statement

We at TalentTrove do not intentionally gather Personal Information about visitors who are under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible, and comply with the Children's Online Privacy Protection Act (COPPA).

COPPA became effective April 21, 2000, and applies to the online collection of personal information from children under 13. The Act makes clear what we, as Web site operators, must include in a privacy policy, when and how to seek verifiable consent from a parent and what responsibilities an operator has to protect children's privacy and safety online. Since we strongly discourage visitors to the site under 13 years of age from sending any information through TalentTrove.com, including name, address, telephone number, email address, or talents and interests, we do not have any means for the parent to control or edit the child's information once it is on the site. If you find information about your child( under the age of 13) on TalentTrove.com and want it to be removed, please go to the Report Abuse column on the Contact Us page and click on Report an Underage User. Other than parental supervision in the home, the only way to ensure child safety on TalentTrove is to remove their content from the site entirely as soon as it is found using our flagging and security systems.

The Act and Rule also covers information collected through cookies or other types of tracking mechanisms when they are tied to individually identifiable information about a child. Our use of cookies and tracking mechanisms are merely for ease of use on TalentTrove.com and are discussed in our Privacy Policy.

How to comply with Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act, effective April 21, 2000, applies to the online collection of personal information from children under 13. The new rules spell out what a Web site operator must include in a privacy policy, when and how to seek verifiable consent from a parent and what responsibilities an operator has to protect children's privacy and safety online.

The Federal Trade Commission staff prepared this guide to help you comply with the new requirements for protecting children's privacy online and understand the FTC's enforcement authority.

Who Must Comply

If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act.

Personal Information

The Children's Online Privacy Protection Act and Rule apply to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child. The Act and Rule also cover other types of information -- for example, hobbies, interests and information collected through cookies or other types of tracking mechanisms -- when they are tied to individually identifiable information.

Basic Provisions

Privacy Notice

Placement

An operator must post a link to a notice of its information practices on the home page of its Web site or online service and at each area where it collects personal information from children. An operator of a general audience site with a separate children's area must post a link to its notice on the home page of the children's area.

The link to the privacy notice must be clear and prominent. Operators may want to use a larger font size or a different color type on a contrasting background to make it stand out. A link in small print at the bottom of the page -- or a link that is indistinguishable from other links on your site -- is not considered clear and prominent.

Content

The notice must be clearly written and understandable; it should not include any unrelated or confusing materials. It must state the following information:

1. The name and contact information (address, telephone number and email address) of all operators collecting or maintaining children's personal information through the Web site or online service. If more than one operator is collecting information at the site, the site may select and provide contact information for only one operator who will respond to all inquiries from parents about the site's privacy policies. Still, the names of all the operators must be listed in the notice.
2. The kinds of personal information collected from children (for example, name, address, email address, hobbies, etc.) and how the information is collected -- directly from the child or passively, say, through cookies.
3. How the operator uses the personal information. For example, is it for marketing back to the child? Notifying contest winners? Allowing the child to make the information publicly available through a chat room?
4. Whether the operator discloses information collected from children to third parties. If so, the operator also must disclose the kinds of businesses in which the third parties are engaged; the general purposes for which the information is used; and whether the third parties have agreed to maintain the confidentiality and security of the information.
5. That the parent has the option to agree to the collection and use of the child's information without consenting to the disclosure of the information to third parties.
6. That the operator may not require a child to disclose more information than is reasonably necessary to participate in an activity as a condition of participation.
7. That the parent can review the child's personal information, ask to have it deleted and refuse to allow any further collection or use of the child's information. The notice also must state the procedures for the parent to follow.

Direct Notice to Parents

Content

The notice to parents must contain the same information included on the notice on the Web site. In addition, an operator must notify a parent that it wishes to collect personal information from the child; that the parent's consent is required for the collection, use and disclosure of the information; and how the parent can provide consent. The notice to parents must be written clearly and understandably, and must not contain any unrelated or confusing information. An operator may use any one of a number of methods to notify a parent, including sending an email message to the parent or a notice by postal mail.

Verifiable Parental Consent

Before collecting, using or disclosing personal information from a child, an operator must obtain verifiable parental consent from the child's parent. This means an operator must make reasonable efforts (taking into consideration available technology) to ensure that before personal information is collected from a child, a parent of the child receives notice of the operator's information practices and consents to those practices.

Until April 2002, the FTC will use a sliding scale approach to parental consent in which the required method of consent will vary based on how the operator uses the child's personal information. That is, if the operator uses the information for internal purposes, a less rigorous method of consent is required. If the operator discloses the information to others , the situation presents greater dangers to children, and a more reliable method of consent is required. The sliding scale approach will sunset in April 2002 subject to a Commission review planned for October 2001.

Internal Uses

Operators may use email to get parental consent for all internal uses of personal information, such as marketing back to a child based on his or her preferences or communicating promotional updates about site content, as long as they take additional steps to increase the likelihood that the parent has, in fact, provided the consent. For example, operators might seek confirmation from a parent in a delayed confirmatory email, or confirm the parent's consent by letter or phone call.

Public Disclosures

When operators want to disclose a child's personal information to third parties or make it publicly available (for example, through a chat room or message board), the sliding scale requires them to use a more reliable method of consent, including:

• getting a signed form from the parent via postal mail or facsimile;
• accepting and verifying a credit card number in connection with a transaction;
• taking calls from parents, through a toll-free telephone number staffed by trained personnel;
• email accompanied by digital signature;

But in the case of a monitored chat room, if all individually identifiable information is stripped from postings before it is made public -- and the information is deleted from the operator's records -- an operator does not have to get prior parental consent.

Disclosures to Third Parties

An operator must give a parent the option to agree to the collection and use of the child's personal information without agreeing to the disclosure of the information to third parties. However, when a parent agrees to the collection and use of their child's personal information, the operator may release that information to others who uses it solely to provide support for the internal operations of the website or service, including technical support and order fulfillment.

Exceptions

The regulations include several exceptions that allow operators to collect a child's email address without getting the parent's consent in advance. These exceptions cover many popular online activities for kids, including contests, online newsletters, homework help and electronic postcards.

Prior parental consent is not required when:

1. an operator collects a child's or parent's email address to provide notice and seek consent;
2. an operator collects an email address to respond to a one-time request from a child and then deletes it;
3. an operator collects an email address to respond more than once to a specific request -- say, for a subscription to a newsletter. In this case, the operator must notify the parent that it is communicating regularly with the child and give the parent the opportunity to stop the communication before sending or delivering a second communication to a child;
4. an operator collects a child's name or online contact information to protect the safety of a child who is participating on the site. In this case, the operator must notify the parent and give him or her the opportunity to prevent further use of the information;
5. an operator collects a child's name or online contact information to protect the security or liability of the site or to respond to law enforcement, if necessary, and does not use it for any other purpose.

October 2001/April 2002

In October 2001, the Commission will seek public comment to determine whether technology has progressed and whether secure electronic methods for obtaining verifiable parental consent are widely available and affordable. Subject to the Commission's review, the sliding scale will expire in April 2002. Until then, operators are encouraged to use the more reliable methods of consent for all uses of children's personal information.

New Notice for Consent

An operator is required to send a new notice and request for consent to parents if there are material changes in the collection, use or disclosure practices to which the parent had previously agreed. Take the case of the operator who got parental consent for a child to participate in contests that require the child to submit limited personal information, but who now wants to offer the child chat rooms. Or, consider the case of the operator who wants to disclose the child's information to third parties who are in materially different lines of business from those covered by the original consent -- for example, marketers of diet pills rather than marketers of stuffed animals. In these cases, the Rule requires new notice and consent.

Access Verification

At a parent's request, operators must disclose the general kinds of personal information they collect online from children (for example, name, address, telephone number, email address, hobbies), as well as the specific information collected from children who visit their sites. Operators must use reasonable procedures to ensure they are dealing with the child's parent before they provide access to the child's specific information.

They can use a variety of methods to verify the parent's identity, including:

• obtaining a signed form from the parent via postal mail or facsimile;
• accepting and verifying a credit card number;
• taking calls from parents on a toll-free telephone number staffed by trained personnel;
• email accompanied by digital signature;
• email accompanied by a PIN or password obtained through one of the verification methods above.

Operators who follow one of these procedures acting in good faith to a request for parental access are protected from liability under federal and state law for inadvertent disclosures of a child's information to someone who purports to be a parent.

Revoking & Deleting

At any time, a parent may revoke his/her consent, refuse to allow an operator to further use or collect their child's personal information, and direct the operator to delete the information. In turn, the operator may terminate any service provided to the child, but only if the information at issue is reasonably necessary for the child's participation in that activity. For example, an operator may require children to provide their email addresses to participate in a chat room so the operator can contact a youngster if he is misbehaving in the chat room. If, after giving consent, a parent asks the operator to delete the child's information, the operator may refuse to allow the child to participate in the chat room in the future. If other activities on the Web site do not require the child's email address, the operator must allow the child access to those activities.

Timing

The Rule covers all personal information collected after April 21, 2000, regardless of any prior relationship an operator has had with a child. For example, if an operator collects the name and email address of a child before April 21, 2000, but plans to seek information about the child's street address after that date, the later collection would trigger the Rule's requirements. In addition, come April 21, 2000, if an operator continues to offer activities that involve the ongoing collection of information from children -- like a chat room -- or begins to offer such activities for the first time, notice and consent are required for all participating children regardless of whether the children had already registered at the site.

Safe Harbors

Industry groups or others can create self-regulatory programs to govern participants' compliance with the Children's Online Privacy Protection Rule. These guidelines must include independent monitoring and disciplinary procedures and must be submitted to the Commission for approval. The Commission will publish the guidelines and seek public comment in considering whether to approve the guidelines. An operator's compliance with Commission-approved self-regulatory guidelines will generally serve as a "safe harbor" in any enforcement action for violations of the Rule.

Enforcement

The Commission may bring enforcement actions and impose civil penalties for violations of the Rule in the same manner as for other Rules under the FTC Act. The Commission also retains authority under Section 5 of the FTC Act to examine information practices for deception and unfairness, including those in use before the Rule's effective date. In interpreting Section 5 of the FTC Act, the Commission has determined that a representation, omission or practice is deceptive if it is likely to:

1. mislead consumers; and
2. affect consumers' behavior or decisions about the product or service.

Specifically, it is a deceptive practice under Section 5 to represent that a Web site is collecting personal identifying information from a child for one reason (say, to earn points to redeem a premium) when the information will be used for another reason that a parent would find material -- and when the Web site does not disclose the other reason clearly or prominently.

In addition, an act or practice is unfair if the injury it causes, or is likely to cause, is:

1. substantial;
2. not outweighed by other benefits; and
3. not reasonably avoidable.

For example, it is likely to be an unfair practice in violation of Section 5 to collect personal identifying information from a child, such as email address, home address or phone number, and disclose that information to a third party without giving parents adequate notice and a chance to control the collection and use of the information.