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Please take the time
to review the following terms of service carefully.
Warning
Posting of nude
photographs (nudity is described as exposed genitalia, buttox,
or female breasts) is not not allowed in any public areas of this
site. This includes your main profile image, covers of your
portfolios / albums, main pictures of groups, any public groups or
forums. If you choose to post nude photography, it MUST be contained
in private albums, flaged as private. First violation of this policy
will result in a warning and the offending image being removed. Any
subsequent violations will result in your account being removed from
our system.
Talent Mingle.com is
a talent directory service that allows members to create unique
personal listings related to talent and creativity on a global
basis.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding terms for
your use of Talent Mingle.com. By using Talent Mingle.com, you agree
to be bound by this Agreement, whether you are registered as a user
("Member") or are just visiting Talent Mingle.com site (the
"Service"). The term "User" refers to anyone using Talent Mingle.com
whether they are a registered user or not. The term "Member Content"
refers to audio, visual, audiovisual, or other materials uploaded by
a Member to the Talent Mingle.com Service.
You are only
authorized to use Talent Mingle.com if you agree to abide by all
applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should
discontinue use of Talent Mingle.com immediately. If you wish to
register for a listing, communicate with other members or use Talent
Mingle.com, you must read this Agreement and indicate your
acceptance during the Registration process.
Talent Mingle.com
may modify this Agreement from time to time and such modification
shall be effective upon posting by Talent Mingle.com on Talent
Mingle.com website. You agree to be bound to any changes to this
Agreement when you use Talent Mingle.com after any such modification
is posted. You should review this Agreement regularly to ensure you
are aware of any changes.
Where there is
mature or adult content on Talent Mingle.com, individuals who are
less than 18 years of age or are not permitted to access such
content under the laws of any applicable jurisdiction. With respect
to general audience content, anyone under the age of 18 may not
access Talent Mingle.com.
Talent Mingle.com
reserves the right to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of Talent Mingle.com at any
time, for any or no reason, with or without prior notice, and
without liability.
1. Eligibility
You must be at least 18 years old to register as a member of Talent
Mingle.com. You must be at least 18 years old to access mature
content on Talent Mingle.com. By using Talent Mingle.com website you
warrant that your registration information is truthful and accurate
and your use does not violate any applicable law. If Talent
Mingle.com believes you are less 18 years of age, your listing may
be deleted and your membership may be terminated without warning.
Registration
To become a member you must register with us. when and if you
register to become a member, you agree to provide accurate, current
and complete information about yourself as prompted by our
registration form ("registration data"), and to maintain and update
your information to keep it accurate, current and complete. you
agree that we may rely on your registration data as accurate,
current and complete. you acknowledge that if your registration data
is untrue, inaccurate, not current or incomplete in any respect, we
reserve the right to terminate this agreement and your use of the
site.
When you register, we will require that you provide sufficient
information to indicate that you are at least 18 years old. by
becoming a member, you represent and warrant that you are at least
18 years old, which is the minimum required age to become a member.
however, we cannot guarantee that each member is at least the
required minimum age, nor do we accept responsibility or liability
for any content, communication or other use or access of the site by
persons under the age of 18 in violation of these terms.
Either you or Talent Mingle may terminate your membership at any
time, for any reason, effective upon sending written notice to the
other party. all membership fees paid are non-refundable. we reserve
the right to immediately suspend or terminate your access to the
service, without notice, upon any breach of this agreement by you
which is brought to our attention.
Your membership in the service is for your sole, personal use. you
may not authorize others to use your membership, and you may not
assign or otherwise transfer your account to any other person or
entity.
Username and
Password
As part of the registration process, you will be asked to select a
username, password and member id. we may refuse to grant any
username or member id that impersonates someone else, is or may be
illegal, is or may be protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause
confusion, as we determine at our sole discretion. you are
responsible for the confidentiality and use of your username and
password and agree not to transfer or resell your use of or access
to the site to any third party. if you have reason to believe that
your account is no longer secure, you must promptly change your
password by updating your account information, available at the
'control panel' page after logging on to Talent Mingle, and
immediately notify us by emailing us.
You are solely responsible for maintaining the confidentiality of
your username and password and for any and all activities that are
conducted on your account.
1. We reserve the
right at any time to:
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change the terms
and conditions of this agreement;
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change the site,
including eliminating or discontinuing any content or feature of
the site; or
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change any fees
or charges for using the site.
Any changes we make
will be effective immediately upon notice, which we may provide by
means including, but not limited to, posting on the site or email.
your use of the site after such notice will be deemed acceptance of
the changes. be sure to review this agreement periodically to ensure
familiarity with the most current version.
2. Term
This Agreement shall remain in full force and effect while you use
Talent Mingle.com or are a member. You may terminate your membership
at any time, for any reason, by following the instructions on the
Account Settings page. Talent Mingle.com may terminate your
Membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect.
3. Copyright
Talent Mingle.com is, unless otherwise stated, the owner of all
copyright and data rights in the Service and its contents. You may
not reproduce, distribute, publicly display or perform, or prepare
derivative works based on any of the Content without the express,
written consent of Talent Mingle.com. However, Talent Mingle.com
does not claim ownership rights in your works or other materials
posted by you to Talent Mingle.com (Your Content).
4. Ownership
Member at all times retains all right, title and interest in and to
the Member Content provided by Member hereunder (including, without
limitation, the copyrights in and to the Member Content), subject to
the non-exclusive rights in the licenses granted to Talent
Mingle.com under this Agreement. Member is free to grant similar
rights to others during and after the Term of this Agreement.
5. Content Posted
For the purpose of displaying, distributing and promoting the member
Page or the Service, by distributing through any non-electronic
publication, old media, or electronic means (including analog and
digital) you hereby grant, upon uploading Member Content in any
format or media, a worldwide, non-exclusive, royalty-free right to
publish, exhibit, transmit and publicly display the Member Content.
This license shall exist only for as long as you continue to use or
remain a member and shall be terminated when your use of the Service
is terminated and upon notice received by the Service of such
termination.
The Service may
prepare and encode Member Content or any part of them for digital or
analog transmission, manipulation and exhibition in any format and
by any means now known or not yet known or invented; further, the
Service may modify, adapt, change or otherwise alter the Member
Content without substantially altering the essence of the Member
Content to serve its promotional purpose. Such derivate use shall be
free of any claim by the User.
Member also agrees
not to assert against Talent Mingle.com any privacy, publicity,
moral or similar rights held by Member and on behalf any other
person(s) whose name(s), photographs and/or likeness(es) and/or
performances are embodied in the Member Content. Member also agrees
that any persons other than Member appearing recognizably or
otherwise in Member Content will not assert of any privacy,
publicity, moral or similar rights under the laws of the United
States and any other country in connection with the exploitation of
the materials as described in this Agreement.
6. Limitation Of
Rights
The rights and licenses granted to Talent Mingle.com under sections
6 of this Agreement require Talent Mingle.com to obtain Member
consent before Talent Mingle.com makes any commercial agreement with
anyone else to separately buy, license, re-sell or re-publish or
commercially use any Member Content not in association with Talent
Mingle.com but as an individual work of art or as a group of works
from a single Member in isolation from any other works. No
additional consent is required for any other licensed uses under
this Agreement of Member Content either as part of the Talent
Mingle.com Site(s) or in connection with the distribution of content
groups from the Talent Mingle.com Site(s) and/or for uses of the
Member Content made at the discretion of a visitor to the Talent
Mingle.com Site(s) or other users under agreements with Talent
Mingle.com.
Talent Mingle.com
will contact Member in writing about any individual commercial uses
of Member Content instigated by Talent Mingle.com.
7. Representations
and Warranties
Member represents and warrants that:
Member has the full
right and power to enter into and perform this Agreement and to
grant Talent Mingle.com all rights to use the Member Content as
contemplated in this Agreement, including, without limitation, the
license grants in Sections 6, and 7.
Member has obtained
all necessary third-party consents, rights, licenses and
permissions, if any, required for Member to enter into and perform
this Agreement and to grant Talent Mingle.com the rights to use the
Member Content set out in this Agreement (including, without
limitation, consents and permissions from owners of any elements
that are used in the Member Content).
The Member Content
(and Talent Mingle.com's use of them under this Agreement) do not
and will not infringe on any rights of any third party, including
any trademark, copyright, patent, trade secret, right of privacy or
publicity or moral rights of any third party.
All information that
Member has provided or will provide to Talent Mingle.com is true and
complete.
The Member Content
do not and will not violate any law, statute, ordinance or
regulation.
The Member Content
do not and will not be defamatory, libelous, threatening,
pornographic, obscene, harmful to minors, violations of child
pornography or child sexual exploitation laws.
The Member Content
do not and will not contain any viruses or other programming
routines that may detrimentally interfere with computer systems or
data, whether those of Talent Mingle.com or any third party.
If Member or any
member of Member's group is a minor, Member hereby warrants that
Member has the legal right to execute this Agreement on behalf of
the minor Member and guarantee such person's performance of the
terms of this Agreement. These warranties shall survive any
termination of this Agreement.
8. Content Posted on
The Site
Talent Mingle.com may delete any Member Content that in the sole
judgment of Talent Mingle.com violates this Agreement or which may
be offensive, illegal or violate the rights, harm, or threaten the
safety of any person. Talent Mingle.com assumes no responsibility
for monitoring Talent Mingle.com for inappropriate Member Content or
conduct. If at any time Talent Mingle.com chooses, in its sole
discretion, to monitor Talent Mingle.com, Talent Mingle.com
nonetheless assumes no responsibility for the Member Content, no
obligation to modify or remove any inappropriate Member Content, and
no responsibility for the conduct of the User submitting any such
Member Content.
You are solely
responsible for the Member Content that you post on or through any
of Talent Mingle.com, and any material or information that you
transmit to other Members and for your interactions with other
Users. Talent Mingle.com does not endorse and has no control over
the Member Content. Member Content is not necessarily reviewed by
Talent Mingle.com prior to posting and does not necessarily reflect
the opinions or policies of Talent Mingle.com. Talent Mingle.com
makes no warranties, express or implied, as to the Member Content or
to the accuracy and reliability of the Member Content or any
material or information that you transmit to other Members.
The following is a
partial list of the kind of Member Content that is illegal or
prohibited on the Talent Mingle.com. Talent Mingle.com reserves the
right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
Service and terminating the membership of such violators. It
includes Member Content that:
-
Is patently
offensive to the online community, such as Member Content that
promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual.
-
Harasses or
advocates harassment of another person.
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Involves the
transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming".
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Promotes
information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous.
-
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 manufacture-installed
copy-protect devices, or providing pirated music or links to
pirated music files.
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Contains
restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page).
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Provides
material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone
under 18.
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Provides
instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses.
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Solicits
passwords or personal identifying information for commercial or
unlawful purposes from other users.
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Engages in
commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and
pyramid schemes.
You must use the
Service in a manner consistent with any and all applicable laws and
regulations.
You may not transmit
any chain letters or junk email to other Members. Although Talent
Mingle.com cannot monitor the conduct of its Members off the Talent
Mingle.com website, it is also a violation of these rules to use any
information obtained from the Service in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order
to protect our Members from such advertising or solicitation, Talent
Mingle.com reserves the right to restrict the number of emails which
a Member may send to other Members in any 24-hour period to a number
which Talent Mingle.com deems appropriate in its sole discretion.
9. Copyright Policy
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service in a way
that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the Website;
your address, telephone number, and email address; a written
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;
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
10. Member Disputes
You are solely responsible for your interactions with other Talent
Mingle.com Members. Talent Mingle.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
11. Privacy
Use of Talent Mingle.com is also governed by our Privacy Policy,
which is incorporated into this Agreement by this reference.
12. Disclaimers
Talent Mingle.com is not responsible for any incorrect or inaccurate
Member Content posted on the Talent Mingle.com website or in
connection with Talent Mingle.com, whether caused by Users of Talent
Mingle.com or by any of the equipment or programming associated with
or utilized in Talent Mingle.com. Profiles created and posted by
Members on the Talent Mingle.com Website may contain links to other
websites. Talent Mingle.com is not responsible for the Member
Content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for
accuracy or completeness by Talent Mingle.com. Inclusion of any
linked website on Talent Mingle.com does not imply approval or
endorsement of the linked website by Talent Mingle.com. When you
access these third-party sites, you do so at your own risk.
Talent Mingle.com
takes no responsibility for third party advertisements which are
posted on this Talent Mingle.com website or through Talent
Mingle.com, nor does it take any responsibility for the goods or
services provided by its advertisers. Talent Mingle.com is not
responsible for the conduct, whether online or offline, of any User
of Talent Mingle.com. Talent Mingle.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.
Talent Mingle.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 Talent Mingle.com 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 Talent Mingle.com.
Under no
circumstances shall Talent Mingle.com be responsible for any loss or
damage, including personal injury or death, resulting from use of
Talent Mingle.com, attendance at a Talent Mingle.com event, from any
Member Content posted on or through Talent Mingle.com, or from the
conduct of any Users of Talent Mingle.com, whether online or
offline. Talent Mingle.com is provided "AS-IS" and as available and
Talent Mingle.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Talent Mingle.com cannot
guarantee and does not promise any specific results from use of
Talent Mingle.com.
13. Limitation on
Liability
Except in jurisdictions where such provisions are restricted, in no
event will Talent Mingle.com be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from your use
of the Talent Mingle.com Web site or the Service, even if Talent
Mingle.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Talent
Mingle.com 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 Talent Mingle.com for the Service
during the term of membership.
14. Disputes
Any disputes arising under or in connection with these Terms shall
be subject to the exclusive jurisdiction of the state and federal
courts of the State of Florida.
15. Warning!!
It is possible that other members or users (including unauthorized
users, or "hackers") may post or transmit offensive or obscene
materials on the service and that you may be involuntarily exposed
to such offensive and obscene materials. it also is possible for
others to obtain personal information about you due to your use of
the service, and that the recipient may use such information to
harass or injure you. Talent Mingle is not responsible for the use
of any personal information that you may choose to disclose on the
service. please carefully select the type of information that you
post on the site or release to others.
Talent Mingle reserves the right, but has no obligation, to monitor
the materials posted in any area of the service. Talent Mingle shall
have the right but not the obligation to remove any such material
that violates, or is alleged to violate, the law or this agreement.
Not withstanding this right of Talent Mingle, you remain solely
responsible for the content of the materials you post in any area of
the site and your private email messages. emails sent between you
and other members that are not readily accessible to the general
public will be treated as private by Talent Mingle to the extent
required by applicable law and pursuant to the commercially
reasonable efforts of Talent Mingle.
16. Indemnity
You agree to indemnify and hold Talent Mingle.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 Talent Mingle.com in violation of this
Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above and/or
if any Member Content that you post on the Talent Mingle.com Website
or through Talent Mingle.com causes Talent Mingle.com to be liable
to another.
17. Other
This Agreement, accepted upon use of the Website and further
affirmed by becoming a Member of the Service, contains the entire
agreement between you and Talent Mingle.com regarding the use of the
Website and/or the Service. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full
force and effect.
18. Links
The Site may provide
links to other websites or resources. Because we have no control
over such sites and resources, you acknowledge and agree that we are
not responsible for the availability of such external sites and
resources, and do not endorse and is not responsible or liable for
any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and
agree that we shall not be liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with the use or reliance on any such content, goods or services
available on or through any such site or resource.
19. Refund Policy
Talent Mingle users
may have profiles either at a "basic" level (free) or may sign up
for a paid membership. Talent Mingle charges membership fees for
each paid membership account. Paid membership fees are renewed
according to the User's selected renewal options, unless deactivated
by the subscribing User. Talent Mingle will automatically charge
the membership fee to the User's designated payment method and you
authorize us to charge such payment method for the appropriate
membership fees and amounts stated. Talent Mingle reserves the
right to increase membership fees or to institute new fees at any
time, upon reasonable notice posted in advance on this Website.
Talent Mingle does
not provide refunds for any membership fees. Downgrades to a less
expensive membership or cancellation of any membership will not
result in any refund or credit of fees already paid. Membership fees
are charged up-front and no refunds or credits will be given upon
cancellation or downgrades. The cancellation of a membership will go
into effect at the end of your current billing cycle.
Children Online
Protection Act Notification
Pursuant to 47 U.S.C.
Section 230 (d) as amended, we hereby notify you that parental
control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is
available at the American Links Up web site,
http://www.netparents.org.
Trademark Notices.
Talent Mingle is the trademark of Final Hunt Media. All other
trademarks, logos, service marks, company or product names set forth
in this website are the property of their respective owners.
Complaints.
To resolve a complaint regarding the service or the site, you
should contact Talent Mingle customer service via our
contact form
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