The Terms and Conditions on this page are effective from August 3, 2015. You can find the previous Terms and Conditions at this link.
(Last updated on July 18, 2015)
Please read these terms and conditions of use (these "Terms and Conditions") carefully. By accessing or using the talenthouse.com domain, any subdomain of this website (this "Website"), Creative Invites, Creative Studios and other services hosted by or on behalf of Talenthouse, Inc. or its affiliated companies (a current list of which can be found here) (including without limitation the Website, collectively, the "Services"), you agree that you have read, understand and agree to comply with and to be bound by these Terms and Conditions, whether or not you are a registered member of the Website or other Services. Please also read our Privacy Policy carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. These Terms and Conditions, including without limitation the Privacy Policy, govern your use of the Services and constitute a legal contract between you and Talenthouse, Inc. ("Talenthouse," "we" or "us"), whose office is at 306 North Robertson Boulevard, West Hollywood, CA 90048 USA.
Persons under the age of eighteen (18) may not use the Services without the permission of a parent or guardian. By using the Services, you affirm that you are at least eighteen (18) years of age (or the age of majority for your country of residence, if greater than eighteen (18)).
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES AND DO NOT RETURN. Any breach of these Terms and Conditions immediately terminates your right to access and use the Services and all rights and licenses granted to you by these Terms and Conditions.
These Terms and Conditions concern only the Services, and do not concern any other website or Internet-based services, including without limitation websites to which any of the Services may link.
In the future, we may change these Terms and Conditions. If we decide to change these Terms and Conditions, all changes will be made at this URL and the effective date will be posted so that you will always know what terms of use apply to your visit. If the changes, in our sole discretion, are material, we will notify our registered users of the changes via email. You may object to the revised Terms and Conditions prior to their taking effect, in which case we will disable your account and you agree to cease all use of the Services. Of course, you can always choose to terminate your use of the Services by notifying us of your desire to do so at support@talenthouse.com, in which case we will disable or delete your account, as set forth in the Privacy Policy.
To the extent you have any questions about, or complaints concerning these Terms and Conditions, please contact us at support@talenthouse.com.
The content provided through the Services by Talenthouse and its licensors or suppliers, including but not limited to any text, illustrations, files, images, scripts, graphics, music, sounds, photographs, videos, information content, URLs, interactive features, documentation, or other materials (except, for the avoidance of doubt, any UGC (as defined in Section E below) submitted by you to the Services) (collectively, the "Content") and all underlying software or technology used in connection with the Services ("Technology"), including but not limited to all intellectual property rights in and to the Content and Technology, is and remains at all times the property of Talenthouse or its licensors or suppliers, as the case may be, with all rights not explicitly granted herein reserved to Talenthouse, or its licensors or suppliers, as applicable. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms and Conditions. If you would like to use any of our Content, you must first obtain written permission from Talenthouse by contacting us at support@talenthouse.com. Talenthouse reserves the right to refuse permission for any reason or no reason.
Provided that you are eligible to access and use the Services and you agree to abide by these Terms and Conditions, Talenthouse hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and make personal use of the Content and Services. Talenthouse also authorizes you to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact as well as the following copyright notice: "Copyright © 2015, Talenthouse, Inc. All rights reserved." Any other use of the Services or the Content requires the express written permission of Talenthouse. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access the Services. You may not upload or republish Content on any Internet, intranet or extranet site or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content is strictly prohibited. For the avoidance of doubt, nothing in this Section A is intended to restrict or modify your ability to share UGC via Third-Party Sites as expressly permitted and described in Section E). Such license is subject to these Terms and Conditions and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Content other than as expressly authorized herein, without the prior written permission of Talenthouse, is strictly prohibited and shall immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms and Conditions. Such unauthorized use also may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
The trademarks, service marks, trade names and logos, including without limitation TALENTHOUSE™, CREATIVE INVITE™, CREATIVE STUDIO™ and any third party marks used and displayed through the Services are trademarks of Talenthouse, its licensors, affiliated companies or sponsors.
The animations, music, page headers, custom graphics, button icons, style sheets and scripts that contribute to the "look and feel" of the Services are service marks, trademarks or trade dress of Talenthouse and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by Talenthouse in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Talenthouse, its affiliated companies or its or their sponsors, licensors, partners, customers or suppliers.
Creative Invites. Among the Services offered by the Website are various Creative Invites in which users may participate, in accordance with these Terms and Conditions and the official rules applicable to the Creative Invite (the "Official Rules"). The Official Rules of a Creative Invite will include additional terms that govern the Creative Invite if you choose to participate. To the extent that any Official Rules conflict with these Terms and Conditions, the Official Rules will control.
Creative Studios. In addition, the Services include Creative Studios, which are co-branded websites powered by the Talenthouse platform. Through a Creative Studio, Talenthouse partners with a third party (a "Creative Studio Partner") to offer a platform for artists and fans of the Creative Studio Partner to collaborate and interact. These Terms and Conditions and the Privacy Policy apply to your use of the Creative Studios, in addition to any supplemental terms of use or supplemental privacy policy that may apply to each specific Creative Studio.
The following restrictions apply to your use of the Services: (i) you will not engage in any activity related to the Services that is contrary to applicable law, regulation or the terms of any agreements you have with Talenthouse or any other parties; (ii) you will not commercially exploit any part of the Services, except as expressly permitted by Talenthouse; and (iii) all information and materials contained in the Services, except where otherwise expressly indicated, are owned and controlled by Talenthouse. You may not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, publicly display, publicly perform, post, transmit, sell or otherwise exploit any intellectual property or Content appearing on or through the Services, or create derivative works based on such Content, in any form or by any means, in whole or in part, without Talenthouse’s prior written permission, unless expressly permitted elsewhere under these Terms and Conditions. You may not circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
Any unauthorized use of the Services, including but not limited to misuse or any other use in violation of these Terms and Conditions of any information or Content, is strictly prohibited. If you violate any of your obligations or restrictions set forth in these Terms and Conditions, your permission to use and access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
You do not have to create an account in order to use or access certain portions of the Services. If you wish to create an account to use or access features of the Services available only to registered users, you may be required to provide certain personal information, including your first and last name, email address, country and city of residence, gender and field of interest, and you will be required to create a username and a password (collectively, "Registration Information"), which are used to protect your account from unauthorized access.
If you are under the age of eighteen (18) or, if not a resident of the United States, the age of majority of your country of residence if greater than eighteen (18), then you are not permitted to register as a user of the Services.
You are obligated to provide accurate, current and complete Registration Information and, if any Registration Information changes, to promptly update the Registration Information to keep it accurate and complete. If Talenthouse suspects that your Registration Information is inaccurate or incomplete, Talenthouse may suspend or terminate your account.
The username and password are for your personal use only. You are responsible for all use of your account and for any actions that take place using your account, whether by you or by another person. You are solely responsible for keeping your password confidential and account information secure and are required to notify Talenthouse of any breach of security or unauthorized use of your account. Be sure to log out of your account at the end of each session. If you are aware of any illegal or improper activity on your account, breach of security or unauthorized use of your account or Registration Information, it is your responsibility to inform Talenthouse immediately at support@talenthouse.com.
If you do not register for the Services, your use will be limited to "read-only" rights and you will not be able to utilize all aspects of the Services. You are obligated not to gain unauthorized access to the Services, or any account, computer system or network connected to the Services, for example, through hacking, password mining or any other illicit or unauthorized means.
If you are a registered user of the Website, you may have the opportunity to submit comments, questions, software, music, sound, photographs, graphics, video, data, files, materials and other user-generated content, including without limitation any submissions to any Creative Invite (collectively, "UGC") through the Services. Any UGC is displayed with your first and last name and may also be displayed with the date and time of your posting. All UGC is public information, and you should have no expectation of privacy or confidentiality when submitting UGC.
Furthermore, you understand and agree that all UGC, privately or publicly posted on, transmitted through, or linked from the Services or otherwise made available via the Services, are the sole responsibility of the person from whom such UGC originated. This means that you are entirely responsible for all UGC that you make available on the Services, and you are responsible for complying with all laws applicable to the UGC that you submit via the Services. Talenthouse does not control the UGC posted by third parties via the Services and does not guarantee the accuracy, integrity or quality of any UGC.
Upon submitting UGC to the Services, you hereby grant to Talenthouse a worldwide, royalty-free, non-exclusive license to use, copy, transmit, translate, reproduce, adapt, modify, publish, publicly distribute, publicly display, publicly perform, reformat, excerpt (in whole or in part), create derivative works of and otherwise exploit such UGC (including without limitation any copyrights, trademarks or other intellectual property contained therein): (i) for promotional purposes of the Website and Services; (ii) to display and make available to the public any UGC that you submit; and (iii) to permit users and the public to copy and share any UGC you submit via Third-Party Sites to which links are provided on the Website (e.g., Facebook, Twitter and Pinterest) solely for non-commercial purposes, without modification or removal of any copyright or other proprietary notices. Notwithstanding the foregoing, any UGC submitted to a Creative Invite shall be subject to the license grant set forth in the Official Rules for such Creative Invite.
When accessing or using the Services, you are strictly prohibited from and you are hereby obligated NOT to:
upload, transmit, post, provide a hyperlink to or otherwise make available:
any UGC that is unlawful, threatening, abusive, fraudulent, deceptive, defamatory, harmful to minors, or indecent in any way, as determined by Talenthouse in Talenthouse’s sole discretion, including without limitation any UGC that would constitute (or encourage conduct that would constitute) a criminal offense, give rise to civil liability or otherwise violate any local, state, national, foreign or international law or regulation, such as by infringing, misappropriating, or otherwise violating the intellectual property rights, moral rights or privacy rights of any third party, or otherwise causing injury of any kind to a third party;
any UGC that affects Talenthouse or the Services adversely or reflects negatively on Talenthouse, the Website or other Services, our clients, affiliated companies, partners, sponsors or licensees, or the goodwill, name or reputation of any of the foregoing, or that causes distress or duress to anyone, or discourages any person from using any portion, features or functionality of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any third party, UGC you did not have permission to post);
any unsolicited communications or advertising not expressly authorized by Talenthouse in writing, including without limitation promotional materials, affiliate marketing, junk mail, spam, link referral code, chain letters, or pyramid schemes, or post links to external websites, unless integral to the conversation, as determined by Talenthouse in Talenthouse’s sole discretion;
any UGC, material or information that contains personal information, such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references; or
any material that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use the Services to impersonate any person or entity, including but not limited to an employee of Talenthouse or its affiliated companies, or falsely state or otherwise misrepresent yourself, your age or your affiliation with a person or entity;
employ misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Services;
instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
act in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as determined by Talenthouse in Talenthouse’s sole discretion;
stalk or otherwise harass anyone;
intentionally or unintentionally violate any applicable local, state, national or international law;
post anything indecent, inflammatory, vulgar or overtly insulting, as determined by Talenthouse in Talenthouse’s sole discretion;
violate the terms of any third party website or service, or the terms of any other agreement with any third party;
obtain any information or UGC from the Services using any robot, spider, scraper or other automated means for any purpose; or
take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure, including without limitation any action that disrupts the normal flow of dialogue with an excessive amount of UGC to the Services, or that otherwise negatively affects other users’ ability to use the Services or restricts or inhibits any other user from using or enjoying the Services.
Please note that the views, opinions and recommendations expressed in the UGC through the Services do not reflect the views of Talenthouse, its affiliated companies, and its and their respective employees, officers, directors, advisors or agents. Talenthouse makes no representation concerning and does not guarantee the source, originality, accuracy, completeness, or reliability of any statement, information, data, findings, interpretation, recommendation, opinion, or view presented in any UGC. Talenthouse accepts no responsibility or liability for any inaccuracy, errors or omissions with respect to any information that may be provided in any UGC.
By providing you with the ability to view and distribute UGC and other communications and materials on the Services, Talenthouse is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any activities or UGC on the Services. Talenthouse may or may not pre-screen UGC; Talenthouse has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove or move any UGC that is available via the Services. Without limiting the foregoing, Talenthouse shall have the right to remove any UGC that violates these Terms and Conditions or is otherwise objectionable, in each case as determined by Talenthouse in its sole discretion. You must evaluate and bear all risks associated with the use of any UGC, including without limitation any reliance on the content, integrity and accuracy of such UGC. Talenthouse also reserves the right to ban you from leaving UGC in the future, in Talenthouse’s sole discretion.
Please note that we do not accept or consider ideas, suggestions or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited suggestions, ideas, notes, drawings, concepts or feedback related to the Services. If you send us unsolicited suggestions, ideas, notes, drawings, concepts or feedback related to the Services, all such submissions shall be and are hereby deemed non-confidential, and Talenthouse shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, Talenthouse shall be entitled to unrestricted use of any suggestions, ideas, notes, drawings, concepts or feedback related to the Services for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
Talenthouse complies with all applicable United States intellectual property laws and with the Digital Millennium Copyright Act. Accordingly, Talenthouse follows a take-down procedure for any purported intellectual property infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide the following information to the Talenthouse Copyright Agent:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website or other Services;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.
The Talenthouse Copyright Agent can be reached as follows:
By mail: 306 North Robertson Boulevard, West Hollywood, CA 90048
By email: copyright@talenthouse.com
Talenthouse will investigate the matter and, after such investigation and in its sole discretion, Talenthouse will promptly remove any infringing content from the Website.
Similarly, if you believe that any content on the Website or Services violates any proprietary or other right of yours (other than your copyrights), please contact us using the above contact information and describe your concerns or complaint.
Use of the Services may be available through a compatible mobile device, Internet or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable charges, updates and fees (including data transmission and texting charges) as well as the terms of your agreements with your mobile device and telecommunications provider. TALENTHOUSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
These Terms and Conditions only relate to your use of the Services and do not relate to any other website or Internet-based services, including websites to which the Services may link ("Third-Party Sites"). We are not responsible or liable for any content, advertising, products, services, information or other materials on or available on Third-Party Sites. We also are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites. We have no control over Third-Party Sites, their content or their terms of use, and therefore we encourage you to review such content and terms of use prior to utilizing any Third-Party Sites or submitting any personal information to them.
Talenthouse may provide experiences on social media platforms such as Pinterest®, Facebook® or Twitter® that enable online sharing and collaboration among users who have registered to use them. Any UGC that you submit that is later removed (e.g., due to termination of your account) may nonetheless continue to appear on Third-Party Sites. Any content you post is subject to the terms of use and privacy policies of those platforms and related services. Talenthouse has no control over such social media platforms or related services.
If you are located in the European Economic Area ("EEA") or elsewhere outside of the United States, your use of the Services is at your own risk and initiative, and you (not Talenthouse) are responsible for compliance with any applicable local and national laws. By using the Services, participating in any activities via the Website or providing us with any personal information, you: (i) consent to the transfer to the United States and certain other countries (a list of which can be found here) ("Non-EEA Jurisdictions") and processing of any information you provide to the Website or other Services on servers located in the United States; (ii) acknowledge that United States law and the laws of certain other Non-EEA Jurisdictions provide a lower standard of protection for personal data than the laws of various other countries and jurisdictions, including without limitation the European Union; and (iii) understand that the Services will handle your personal information in accordance with our Privacy Policy and applicable United States law.
Talenthouse makes no claims regarding use of the Services or access to the Content outside of the United States. Access to the Services or the Content may not be legal by certain persons or in certain countries.
All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. Talenthouse assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Talenthouse also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including without limitation injury or damage to any person’s computer (including without limitation any tablet or smartphone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet or in connection with the Services. Under no circumstances will Talenthouse be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. Talenthouse has no special relationship with or fiduciary duty to you. For the avoidance of doubt, nothing in these Terms and Conditions shall seek to limit or exclude our liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation.
Although Talenthouse will make reasonable efforts to store and preserve the material residing on the Services, Talenthouse is not responsible or liable in any way for the failure to store, preserve or access Content or UGC or other materials you transmit or archive on the Services. You are strongly urged to take measures to preserve copies of any data, material, UGC or information you post or upload to the Services.
THE SERVICES, INCLUDING THE WEBSITE AND THE CONTENT, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TALENTHOUSE AND ITS AFFILIATED COMPANIES, LICENSORS, SUPPLIERS, PARTNERS AND SPONSORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, ADVISORS, EMPLOYEES, LICENSORS AND SUPPLIERS ("Released Entities") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
FOR THE SAKE OF CLARITY, TALENTHOUSE DOES NOT WARRANT OR COVENANT:
THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION;
THAT THE SERVICES OR CONTENT WILL BE ACCURATE, SECURE, USEFUL, TIMELY, INFORMATIONAL, UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALENTHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. IN NO EVENT SHALL ANY RELEASED ENTITY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OUR LIABILITY IN THE CASE OF GROSS NEGLIGENCE IS LIMITED TO FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF TALENTHOUSE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED TO YOUR USE OR OTHER EXPLOITATION OF THE SERVICES SHALL BE THE GREATER OF (i) THE TOTAL AMOUNT PAID BY YOU TO TALENTHOUSE, IF ANY, TO ACCESS THE SERVICES IN THE PAST TWELVE (12) MONTHS AND (ii) ONE HUNDRED DOLLARS (US $100).
CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Released Entities from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Services, including without limitation any dispute between users of the Services or between a user of the Services and any third party.
To the extent that you do have any claims against Talenthouse, you agree that:
Any and all disputes, claims and causes of action against Talenthouse arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of class action; and
Any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.
You agree to indemnify and hold the Released Entities and their successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out of or in connection with:
Your use of the Services other than in accordance with these Terms and Conditions;
Any UGC submitted by or on behalf of you;
Your conduct, acts and omissions in connection with the Services which breach these Terms and Conditions;
Any dispute related to the Services between you and one or more users of the Services; and
Your violation of these Terms and Conditions, any agreements between you and any third party relating to your use of the Services, or of any law or regulation or the rights of any third party, including but not limited to intellectual property rights.
The foregoing indemnification obligations will survive these Terms and Conditions and your use of the Services. Talenthouse shall provide notice to you of any such claim, action or demand and Talenthouse may, in Talenthouse’s sole discretion, assist you, at your reasonable expense, in the defense or settlement of such claim, action or demand. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Talenthouse reserves the right, in its sole discretion, to refuse, suspend, restrict or terminate your access to the Services, or any portion thereof, without notice and for any reason or no reason. Furthermore, Talenthouse has the right, but not the obligation, to suspend or terminate your access to all or part of the Services:
At the request of law enforcement or other government agencies;
If the Services are discontinued or materially modified;
Upon the occurrence of any technical or security issues or problems; or
If you engage in any conduct that Talenthouse believes, in its sole discretion, violates any provision of these Terms and Conditions or other incorporated agreements or guidelines or violates the rights of Talenthouse or third parties.
In addition, Talenthouse may terminate individual user accounts due to inactivity. You agree that upon termination Talenthouse may delete all information related to your account, including without limitation any UGC. You agree that none of the Released Entities will be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Services.
Any dispute, controversy or claim arising out of or relating to these Terms and Conditions or the Privacy Policy shall be finally settled by binding arbitration under the then-existing Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"), except as modified herein. The arbitration shall be conducted by one (1) arbitrator who shall be nominated by you and Talenthouse and must be an attorney licensed to practice or otherwise experienced with New York law. If the parties cannot agree upon an arbitrator within thirty (30) days from the date the claimant’s request for arbitration was served on the other party or parties, the sole arbitrator shall be appointed by AAA in accordance with the Rules.
Unless otherwise agreed, arbitration proceedings will be held in Los Angeles County, California, United States. The award rendered by the arbitrator will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived. Any arbitration will be between the parties individually, and there shall be no joinder or consolidation of arbitrations or class action arbitrations.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would mandate the application of the laws of any jurisdiction other than the State of New York.
If any provision of these Terms and Conditions is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions, which include the Privacy Policy, represent the entire agreement between you and Talenthouse relating to your right to access and use the Services, and supersede any and all prior or written or oral agreements between you and Talenthouse with respect to such subject matter.
No waiver by Talenthouse of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by Talenthouse must be in writing signed by Talenthouse.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
No provision of these Terms and Conditions provides any person or entity not a party to these Terms and Conditions with any remedy, claim, liability, reimbursement or cause of action, or creates any other third party beneficiary rights, except as expressly set forth in these Terms and Conditions.
Thank you for using our Services. We hope you find the Services helpful, informative and convenient to use. If you have any questions regarding these Terms and Conditions, please contact us by email at support@talenthouse.com.