Please review these terms carefully. By using the TalentSpark.com web site (the site), you (a) are agreeing to be legally bound by the following TERMS OF USE (TOU) and (b) agree to all policies and procedures that govern its use. TalentSpark.com terms of use may be updated or changed at any time without notice.
1. GENERAL:
A. TalentSpark.com has been created by TalentSpark Corp. and henceforth in the document shall be referred as TalentSpark. When you choose to use this service (the service), you are agreeing to all the policies and procedures of this agreement, between you and TalentSpark.
B. TalentSpark, may make changes to this agreement, and will post such changes and updates on the site as time will allow.
C. YOUR CONTINUED USE OF THIS SERVICE NOW, OR FOLLOWING THE POSTING OF THE NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
D. TalentSpark may change, suspend or discontinue any aspect of the site and its services at any time, including but not limited to any use of TalentSpark resumes, portfolios, services, database, or anything that is related to your participation, in the TalentSpark community and site to all parts without notice, and TalentSpark is in no way liable if and when such a suspension occurs.
2. REGISTRATION: In order to use the membership features of TalentSpark, i.e. resumes, portfolios, services, community, tech support, and other features as defined now or in the future by TalentSpark, talent is required to register an account with TalentSpark directly to obtain access to this service.
A. Criteria for registration of the site, as solely defined and determined by TalentSpark, is that talent, both professionally represented and unrepresented must be a monthly or annual subscriber to the site. TalentSpark defines professional representation as a talent agency that has a talent license with from their respective state. It is solely within the discretion of TalentSpark to verify the license, and even after the license status has been verified, to choose whether or not TalentSpark will do business with that agency, casting professional, or various talent seeker, and allow access to the site. TalentSpark may update, change, or revise this policy at any time.
B. Non-Transferable: Your registration with TalentSpark and the site are not transferable to any other party for sale or for lease.
3. MEMBERSHIP: Membership for TalentSpark services is associated with an auto-renewing, fee, either annually or monthly.
4. FEES: The right of access granted under these Terms is effective only upon payment of the subscription fees, which are non-refundable, other than as expressly provided herein.
TalentSpark offers two (2) subscription plans: Per-Month and Annual. BOTH PLANS AUTOMATICALLY RENEW AT THE END OF THE TERM. If you wish to cancel, you must do so before the current term ends.
The Per-Month plan is a monthly subscription plan. The Per-Month subscription automatically renews. TalentSpark will charge the subscription fees to Member’s credit card, every one-month period unless Member cancels the subscription as set forth herein. The Per-Month subscription shall renew automatically each month, and TalentSpark will charge the monthly subscription fees, on the same date of each corresponding month. If a particular month does not include the date, TalentSpark will charge the monthly subscription fees on the final date of that month. For example, a monthly subscription commencing on January 31, 2009 will be renewed, and the monthly subscription fees charged, on February 28, 2009.
The Annual plan is an annual subscription plan. The Annual subscription automatically renews and TalentSpark will charge a subsequent annual subscription fee to Member’s credit card on the same date of each corresponding year unless Member cancels his or her subscription as set forth herein. For example, an Annual subscription commencing on May 1, 2009 will be renewed automatically, and the Annual subscription fees charged, on May 1, 2010.
Any plan may be canceled by Member directly through the site, but any fees paid are non refundable.
If Member received any discount, rebate or other special offer on the Member’s initial Per Month or Annual subscription, TalentSpark will not renew Member’s subscription at the discounted subscription rate unless directly stated as part of the offer.
Discounted Memberships and special offers are valid only for the term specified on TalentSpark’s offer materials.
TalentSpark may increase subscription fees at any time and for any reason, and such increased fees shall only be applicable to any new subscription or re-subscription.
5. PASSWORDS: The maintenance of your password(s) and their confidentiality is the sole responsibility of the individual parties. Distribution of passwords to industry areas of use is to be determined by TalentSpark for use of the site. Once these passwords have been issued, it is the responsibility of the individual and parties that they represent to maintain personal use and conduct of the site. In the event of a breach of security, you will be liable for unauthorized use and damages that may incur to us or other parties. If you have discovered said breach, it is your responsibility to immediately notify us via email to info@talentspark.com. TalentSpark is not at any time responsible or liable for individuals that use your password(s) and what they may do while in your account.
6. CONDUCT: The following rules govern and define our code of ethics for USE OF TalentSpark features/services and use of its community. All parties agree not to:
A. Post email addresses, web address, IM, ICQ, Images, Links, video, audio or display any other personal contact information except where specifically authorized or posted by TalentSpark.
B. Submit, publish, or display on the site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material or any material or opinion that infringes on the rights or beliefs of others, or is a direct threat to any kind livelihood.
C. Break any copyright and trademark laws, or any law.
D. Target TalentSpark or any affiliates, vendors, owners, or employees with abuse, either written or spoken, that would cause either stress or discomfort.
E. Use a false email address, impersonate any other person(s) or act as any kind of representative falsely or otherwise mislead as to the origin of content user.
F. Distribute e-mails and/or messages to our members/subscribers, except as determined by TalentSpark.
G. Involve or attempt to associate TalentSpark or any affiliates in any way with the posting or transmission of advertising, promotional materials, or any other form of solicitation except where authorized, including but not limited to the use of any related TalentSpark name, image or materials, except where agreed upon and authorized by TalentSpark.
H. Republish in any way shape or form written proprietary information from the site without written permission from TalentSpark.
I. Abuse this code of ethics. You and/or your agency may without prior warning have your account terminated by TalentSpark. In the event of a serious violation (as determined by Consequences for Abusive Conduct), you will be denied access to TalentSpark and materials.
7. CONSEQUENCES FOR ABUSIVE CONDUCT: Not only does TalentSpark reserve the right to terminate your account but may file suit against you or any representative of your organization/representation if you are in violation as defined and determined by the consequences for abusive conduct. We may seek compensation from you for potential damage to our reputation caused by your actions. TalentSpark has the right and is obligated to work with authorities regarding any suspected violation of this code of ethics.
Reporting Abusive Conduct: To report abusive conduct, please contact us immediately at info@talentspark.com. While we are under no obligation to police the site, we will try to remove or deal with any parties that are in violation.
8. LINKS: TalentSpark may have on the site other related World Wide Web Internet sites, advertisers, and paid sponsors of TalentSpark. TalentSpark is not responsible for the availability of these outside resources and sponsors.
9. USE OF REGISTRATION DATA: You may regard this portion of the agreement as the privacy policy that TalentSpark adheres to. TalentSpark must and has the right to disclose your registration information, license etc. to any state or federal authorities that require them. We may also provide your registration information to a third party provided that we have your permission to do so. We may also use your name to promote use of the site and that you are a user of this site and its service with your permission.
10. FEATURES LICENSES: You shall have no proprietary rights to TalentSpark features and related documentation, or any enhancements or modifications to the features. TalentSpark Features are protected by copyright and are owned and controlled by TalentSpark or a designated provider or partner of TalentSpark features. TalentSpark may share its technology with strategic partners but is not responsible for malfunctions that may occur as a result of said partnerships. You shall not pass along to third parties to copy or use TalentSpark features, to help and/or aid in another’s design.
11. CONTENT: All materials published on the site (including but not limited to photographs, images, illustrations, audio clips and video clips) are known and recognized as “Content” and are protected by copyright laws. While talent is the owners of the file and its content and the agents are the users of such, TalentSpark is the controller of the file, and has sole discretion as to its use and display. While talent owns the file, TalentSpark reserves the right, as controller of the file, to use the file as desired, such as marketing campaigns/contests to use on a non-exclusive basis provided that permission is granted by owner of the file. By doing so you grant TalentSpark and it’s affiliates a royalty free, non-exclusive, non-terminable, perpetual right to license, but not the obligation to pay or be liable for any use pertaining to the talents individual file.
A. Right of refusal: While the individual talent is the sole owner of the file and it’s content, TalentSpark is the controller and distributor of that file and it’s information, and reserves the right to deny the individual talent the ability to display materials that are in violation of the TalentSpark code of conduct and ethics. Please see above code of conduct and ethics.
12. LIABILITIES: TalentSpark and its employees, vendors or partners are in no way responsible for any third party costs that you may incur while using TalentSpark or any affiliated sites/features/software. TalentSpark is in no way, shape or form responsible for lost time, wages, and reputation, punitive or otherwise, while using TalentSpark. If there is any perceived hardware or software damage that may occur while using TalentSpark, TalentSpark is not responsible for repair and may at its discretion provide you with use of its resources (i.e. Tech Support, in person, via email or over the phone).
13. INTELLECTUAL PROPERTY: The content on the site, including but not limited to, graphics, logos, images, video clips, audio clips, images and artwork, is the exclusive property of TalentSpark and is protected by copyright, intellectual property and/or trademark laws.
14. DISCLAIMERS OF WARRANTIES: YOU AGREE THAT YOU USE THIS WEB SITE AT YOUR OWN RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, BUT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR PARTICULAR PURPOSE OF NON- INFRINGEMENT.
WE MAKE NO GUARANTEES THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. WE IN NO WAY GUARANTEE THAT ANY INFORMATION FROM THE SITE IS IN ANY WAY RELIABLE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY OR THROUGH TO MEET YOUR EXPECTATIONS. ANY MATERIALS DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THIS SITE ARE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR TO YOUR COMPUTER WHILE USING THIS SERVICE OR ANY MATERIAL DOWNLOADED FROM THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT TALENTSPARK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSEES OR CONTENT PROVIDERS PROVIDE WILL BE LIABLE FOR DIRECT INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR INABILITY TO USE THE SITE.