TalentBox.com - Terms of Service

TalentBox.com is an online directory service and a resource website for the entertainment industry. It allows its members and visitors to showcase and share their own as well as other websites, services, talents, works, resources, information, etc.

By visiting and/or using Talentbox.com services, you agree to respect and to follow our Terms of Service described below as well as any other applicable local and international laws and rules, including but not limited to copyright laws and regulations.

email: admin@talentbox.com

mail:
TalentBox.com
264 81st Street
Brooklyn, NY 11209
U.S.A

Talentbox.com contains links to external, third party web sites. By providing links to other sites, TalentBox.com does not guarantee, approve or endorse the information, opinions, services or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the TalentBox.com Website.

TalentBox.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Users of TalentBox.com assume complete responsibility and risk in their use of any external sites. Users should direct any concerns regarding any externally linked website to its site administrator or webmaster.

If you become aware of any misuse of the TalentBox.com Services by any person, please click on the 'Contact Us' or the 'Report Abuse' links and inform the administration about these instances.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TalentBox.com Services. By using the TalentBox.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TalentBox.com Website, including through a mobile device, or otherwise use the TalentBox.com Services without being registered) or you are a "Member" (which means that you have registered with TalentBox.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the TalentBox.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the TalentBox.com Website and discontinue use of the TalentBox.com Services immediately. If you wish to become a Member, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes TalentBox.com's policy for acceptable use of the TalentBox.com Services and Content posted on or through the TalentBox.com Website and your rights, obligations and restrictions regarding your use of the TalentBox.com Services and Content posted on or through the TalentBox.com Website.

TalentBox.com may modify this Agreement from time to time and such modification shall be effective upon posting by TalentBox.com on the TalentBox.com Website. Your continued use of the TalentBox.com Services after TalentBox.com posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the TalentBox.com Website and that you provide to other Users. Your TalentBox.com profile may not include any form of Prohibited Content, as outlined in sections below. Despite this prohibition, information, materials, products or services provided by other TalentBox.com Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TalentBox.com assumes no responsibility or liability for this material. If you become aware of any misuse of the TalentBox.com Services by any person, please click on the "Contact Us" or the "Report Abuse" links and inform the administration about these instances.

TalentBox.com reserves the right, in its sole discretion, to reject, refuse to post or remove any submission by you, or to deny, restrict, suspend, or terminate your access to all or any part of the TalentBox.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. TalentBox.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the TalentBox.com Services if TalentBox.com determines, in its sole discretion, that you have violated this Agreement or pose a threat to TalentBox.com and/or its Members and Visitors.

1. Eligibility.Use of the TalentBox.com Services and registration to be a Member for the Talentbox.com Services ("Membership") is void where prohibited. By using the TalentBox.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the TalentBox.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term.This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the TalentBox.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions in the Member's Admin Panel page. TalentBox.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-16.
3. Fees.You acknowledge that TalentBox.com reserves the right to charge for any portion of the TalentBox.com Services and to change its fees (if any) from time to time in its discretion. If TalentBox.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password.When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TalentBox.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members.The TalentBox.com Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by TalentBox.com. TalentBox.com reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the TalentBox.com Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TalentBox.com Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. TalentBox.com reserves the right to take appropriate legal action for any illegal or unauthorized use of the TalentBox.com Services.
6. Proprietary Rights in Content on TalentBox.com.
   1. TalentBox.com does not claim any ownership rights in the text files (articles, press releases, blogs, resumes, etc.), images, photos, video and audio files, works of authorship, applications, or any other materials (collectively recognized in this Agreement as "Content") that you post on or through the TalentBox.com Services. After posting your Content to the TalentBox.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the TalentBox.com Services, you hereby grant to TalentBox.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the TalentBox.com Website. This limited license does not grant TalentBox.com the right to sell or otherwise distribute your Content outside of the TalentBox.com Services. However, TalentBox.com reserves the right to use any Content, in part or in whole to promote its own Services via its own member pages on such outside websites as Twitter.com, Facebook.com, MySpace.com, etc... After you remove your Content from the TalentBox.com Website, we will cease distribution as soon as possible, and at such time when distribution ceases, the license will terminate.
   2. The license you grant to TalentBox.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to TalentBox.com), fully-paid and royalty-free (meaning that TalentBox.com is not required to pay you for the use of the Content that you post on the TalentBox.com Website), sublicensable (so that TalentBox.com is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide its Services), and worldwide (because the Internet and the TalentBox.com Services are global in reach).
   3. You represent and warrant that: (i) you own the Content posted by you on or through the TalentBox.com Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the TalentBox.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the TalentBox.com Services.
   4. The TalentBox.com Services contain Content belonging to TalentBox.com. This Content is protected by copyright, trademark, patent, trade secret and other laws, and TalentBox.com owns and retains all rights in the TalentBox.com Content and the TalentBox.com Services. TalentBox.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TalentBox.com Content (excluding any software code) solely for your personal use in connection with viewing the TalentBox.com Website and using the TalentBox.com Services.
   5. The TalentBox.com Website contains Content of Users and other TalentBox.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the TalentBox.com Services.
   6. TalentBox.com performs technical functions necessary to offer the TalentBox.com Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the TalentBox.com Services.
7. Content Posted
   1. TalentBox.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of TalentBox.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. TalentBox.com assumes no responsibility for monitoring the TalentBox.com Services for inappropriate Content or conduct. If at any time TalentBox.com chooses, in its sole discretion, to monitor the TalentBox.com Services, TalentBox.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the TalentBox.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited.The following are examples of the kind of Content that is illegal or prohibited to post on or through the TalentBox.com Services. TalentBox.com reserves the right to investigate and take appropriate legal action against anyone who, in TalentBox.com's sole discretion, violates this provision, including without limitation, removing the offending Content from the TalentBox.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of TalentBox.com:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains excessive nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. publicly posts information that poses or creates a privacy or security risk to any person;
   7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without prior written consent from TalentBox.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   14. includes a photograph or video of another person that you have posted without that person's consent;
   15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic; or
   16. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
   The following are examples of the kind of activity that is illegal or prohibited on the TalentBox.com Website and through your use of the TalentBox.com Services. TalentBox.com reserves the right to investigate and take appropriate legal action against anyone who, in Talentbox.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
   17. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   18. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the TalentBox.com Services. You may not transmit any chain letters or junk email to other Members.
   19. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the TalentBox.com Services;
   20. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
   21. covering or obscuring the banner advertisements on your personal profile page, or any TalentBox.com page via HTML/CSS or any other means;
   22. any automated use of the system, such as, but not limited to, using outside scripts to add links, articles, comments or messages;
   23. interfering with, disrupting, or creating an undue burden on the TalentBox.com Services or the networks or services connected to the TalentBox.com Website;
   24. impersonating or attempting to impersonate another Member, person or entity;
   25. hotlinking or copying the code for TalentBox.com Content (such as images or audio files stored on our server) and embedding it (or directing others to embed it) on other websites;
   26. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   27. selling or otherwise transferring your profile;
   28. using any information obtained from the TalentBox.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
   29. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the TalentBox.com Services on behalf of that person, such as placing commercial content on your profile, and/or posting blogs or articles with a commercial purpose;
   30. using the TalentBox.com Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property.TalentBox.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. TalentBox.com has the right to terminate the Membership of infringers.
   
   If you believe your work has been copied and posted on or through the TalentBox.com Services in a way that constitutes copyright infringement, please email copyright@talentbox.com or mail us a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the TalentBox.com Website (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.
10. Member Disputes.You are solely responsible for your interactions with other TalentBox.com Members. TalentBox.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy.Use of the TalentBox.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers.TalentBox.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the TalentBox.com Services, whether caused by Users of the TalentBox.com Services or by any of the equipment or programming associated with or utilized in the TalentBox.com Services and such User Content does not necessarily reflect the opinions or policies of TalentBox.com . Profiles and third party applications created and posted by Members on the TalentBox.com Website may contain links to other websites. TalentBox.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by TalentBox.com. Inclusion of any linked website on the TalentBox.com Services does not imply approval or endorsement of the linked website by TalentBox.com. When you access these third party sites, you do so at your own risk. TalentBox.com takes no responsibility for third party advertisements or third party applications that are posted on or through the TalentBox.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. TalentBox.com is not responsible for the conduct, whether online or offline, of any User of the TalentBox.com Services. TalentBox.com 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 User or Member communication. TalentBox.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TalentBox.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TalentBox.com Services. Under no circumstances shall TalentBox.com be responsible for any loss or damage, including personal injury or death, resulting from use of the TalentBox.com Services, attendance at a TalentBox.com event, from any User Content posted on or through the TalentBox.com Services, or from the conduct of any Users of the TalentBox.com Services, whether online or offline. The TalentBox.com Services are provided "AS-IS" and as available and TalentBox.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TalentBox.com cannot guarantee and does not promise any specific results from use of the TalentBox.com Services.
13. Limitation on Liability.IN NO EVENT SHALL TalentBox.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TalentBox.com SERVICES, EVEN IF TalentBox.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TalentBox.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TalentBox.com FOR THE TalentBox.com SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes.The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and TalentBox.com agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the TalentBox.com Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity.You agree to indemnify and hold TalentBox.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TalentBox.com 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 in this Agreement and/or if any Content that you post on or through the TalentBox.com Services causes TalentBox.com to be liable to another.
16. Other.This Agreement is accepted upon your use of the TalentBox.com Website or any of the TalentBox.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TalentBox.com regarding the use of the TalentBox.com Services. The failure of TalentBox.com 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. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.