The Terms and Conditions on this page are effective from June 12, 2022
Please read these terms and conditions of use (these “Terms and Conditions”) carefully. Talenthouse IP, LLC, a company registered under company number 6268714, whose registered office is 827 Santa Barbara Dr., Farmington, NM, 87401, USA, together with its group companies, operates the platform available at the site www.talenthouse.com and all its sub-domains and iterations (including, where available, the mobile and tablet apps) (together “Talenthouse”, “Website”, “we”, “us” or “our”).
By accessing or using the Website or any other site where these Terms and Conditions are made available (including, where applicable, a Brand’s In.House Site), and our services accessible via our 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 our Website or our Services.
By using our Website and/or Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our Website and Services
To the extent you have any questions about, or complaints concerning these Terms and Conditions, please contact us at firstname.lastname@example.org.
We may make changes to these Terms and Conditions from time to time which will apply to you from the time the updated Terms and Conditions are made available on our Website. You are encouraged to review these Terms and Conditions from time to time.
Where our Website or Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources and take no responsibility or liability in relation thereto.
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 Clause 6 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 assignment or licence 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 email@example.com. Talenthouse reserves the right to refuse permission for any 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 © 2022, Talenthouse". 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 Clause 2 is intended to restrict or modify your ability to share UGC via third-party sites as expressly permitted and described in Clause 6). 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 permitted herein, without the prior written permission of Talenthouse, is strictly prohibited and in the instance of unpermitted use we reserve the right to immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms and Conditions.
The trademarks, service marks, trade names and logos 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.
Among the Services offered by the Website, brands and third party companies (“Brands”) are able to advertise creative challenges (“Creative Brief”) for Website creative users ("Creators") to participate in. Each Creative Brief will contain specific rules which Creators must abide by in addition to these Terms and Conditions (the “Official Rules”). To the extent that any Official Rules conflict with these Terms and Conditions, the Official Rules will control.
Payments in return for your involvement in Projects may be made by bank transfer to your usual bank account provider, PayPal or to your ElloU bank account, where available. Payments to PayPal accounts are charged to the recipient and unverified accounts are subject to limits imposed by PayPal. Please read the applicable PayPal terms and conditions for further information.
We offer the ElloU bank account service in certain countries, listed on our website.
This ElloU bank account is hosted by our Banking Provider, a third party regulated financial institution as listed on ElloU website (our “Banking Provider”). Our Banking Provider provides this service at its own discretion and is subject to separate terms, which are available here.
Talenthouse does not itself provide banking services and is not a party to any agreement between you and our Banking Provider. In order to open an ElloU bank account, you will be required to submit an application form and present identifying documents. More information on how you can download the ElloU banking app is available on ellou.com. We reserve the right to suspend payment to you of any fees due pending your successful application for an ElloU bank account or in the event your bank account is closed or suspended for any reason.
You are only permitted to use the Website and Services including to submit UGC in a lawful and proper manner in accordance with all applicable laws and regulations and in accordance with these Terms and Conditions.
You warrant that you will not use our Website and our Services (including by posting any content via our Website): (a) in any way that would be illegal or promoting illegal activities, obscene, defamatory or derogatory to us, our Website, Services or of any third party, harmful or infringing; (b) in a way which would infringe any third party rights including intellectual property rights and/or data privacy rights; and (c) which would give our Website or Services viruses, corrupted files, or use any other software or programs that may interfere with or damage the Website or Services or the equipment of any third party using the Website or Services.
You are solely responsible for having the equipment and appropriate internet connection to be able to access and use our Website and Services.
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.
You must be at least 16 years old in order to use our Services as a Creator. For all other type of accounts you must be at least 18 years old. In addition, if you are a Creator between the ages of 16 and 17 (we call this a “Young Creator”), you must have your parent or legal guardian's consent to use our Services and your parent or legal guardian must agree to these T&Cs. Young Creators can participate in the Platform, but only in an age appropriate way. As such, notwithstanding anything in these Terms and Conditions, the Young Creator experience and functionality on the Platform will be more limited.
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 permitted by you or not. 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 firstname.lastname@example.org.
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 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 work you submit for a Creative Brief if you are a Creator and the Creative Brief content if you are a Brand (collectively, “UGC”) through the Services. Any UGC is displayed with your first and last name or company name, and country, 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. Talenthouse does not take on the liability for 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. Notwithstanding the foregoing, any UGC submitted to a Creative Brief shall be subject to the license grant set forth in the Official Rules for such Creative Brief. Please note that Talenthouse is not responsible for any third party use of UGC.
Unless the Official Rules state differently, when as a Creator you submit UGC to a Creative Brief you shall retain ownership of such UGC save for the Brand materials included within such UGC which shall remain owned by the Brand.
Please note that the views, offers, 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.
If we are alerted of potential IP infringement, we do follow a process of investigating the allegation and then removing content if it is proven to us that there is indeed an infringement. Talenthouse follows a take-down procedure for any reported intellectual property infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us at email@example.com:
(a) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(b) a description of where the material that you claim is infringing is located on the Website or other Services;
(c) your address, telephone number and email address;
Talenthouse will investigate the matter and, after such investigation and in its sole discretion, Talenthouse will promptly remove any infringing content from the Website.
We will exercise all reasonable skill and care in providing the Website.
We however cannot guarantee that the Website: (a) will always be available; and (b) will be free from risks of virus which could infect your equipment and do not take on any liability in relation thereto.
We shall not under any circumstances whatever be liable to you, whether in contract, tort, breach or statutory duty or otherwise arising under or in connection with these Terms for: loss of profits, sales, business or revenue; loss of anticipated savings; loss of business opportunities, goodwill or reputation; any special, indirect or consequential loss, damage, charges or expenses.
You acknowledge and agree that our liability to you for any claim under these Terms shall be limited to an amount equal to $100.
Nothing in these Terms shall limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by applicable law.
You shall indemnify us against any losses, damages, expenses and liabilities we suffer as a result of: (a) a breach by you of these Terms; and/or (b) any claim that the content you upload to our Website or your use of our Website infringe any third party rights including intellectual property rights and/or data privacy rights.
We may terminate your use of our Website or suspend it (whether for a set period of time or permanently) for any reason at our sole discretion without liability to you.
Either party may also terminate these Terms if the other party commits a breach of these Terms.
Upon termination, you shall no longer access nor use the Website and Services and all liabilities and rights accrued shall not be affected by such termination.
No Waiver. Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of any of our rights.
Third Party Rights. These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not party to these Terms and Conditions.
Severability. If any clause or part of it is deemed invalid or unenforceable, then it shall be deemed deleted.
Entire Agreement. These Terms and Conditions constitute the full agreement between you and us in relation to your use of the Website and Services and supersede any other agreement, understanding or statement between you and us.
Applicable Law. These Terms are governed by the laws of New Mexico and you and us agree to submit to the exclusive jurisdiction of the courts of New Mexico.