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:
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or that promotes activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
- 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;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind and in any form;
- contains unblurred or unedited nudity of any kind including, but not limited to photography, drawings, or computer-generated artwork;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- 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;
- 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;
- 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
- 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
©2005 - 2009, 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.
