Welcome to the TalentWatch.com ("TalentWatch" or "Website"). TalentWatch provides its services to you subject to the provisions of these Terms of Service ("TOS"). By using this Website or viewing the content herein you accept and agree to be bound by these TOS and each of its provisions. This is a legally binding agreement between you and TalentWatch, so please read it carefully. If you do not agree to these TOS, please do not use TalentWatch.
All Users of this Website must be 14 years of age or older. (Music artists younger than 14 can be TalentWatch members as long as their parent(s) control their account.) If you do not so qualify, do not attempt to use TalentWatch. Your User account and your User-Generated Content (as defined below) may be deleted without warning if we believe that you are under 14 years of age.
If you are an Artist who is under the age of 18, you must also have parental consent before you can join TalentWatch as an Artist.
Whether an Artist, Fan or Industry Member, in order to have the full TalentWatch experience and to access certain features on the Website, you will have to create a User account. In creating a User account, we ask that you must provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Website, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple User accounts and profiles.
If you have created a User account with TalentWatch, you are responsible for the security of your account and password. You agree to accept responsibility for all activities that occur in connection with your account, whether or not the use is unauthorized. In addition, you agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account and remove any content submitted by you at any time for any or no reason.
We grant you a limited license and permission to access and make personal use of TalentWatch but not to download or copy any portion of its content for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any resale or commercial use of TalentWatch or its content; any collection or use of "User-Generated Content" (as described below); any derivative use of TalentWatch or its contents; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these TOS, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of TalentWatch for any commercial purpose. You may display and occasionally print a single copy of pages of TalentWatch for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on TalentWatch (other than your own "User-Generated Content," as described below) without our prior written consent. Requests for permission to reproduce or distribute materials found on the Website should be sent to email@example.com.
You may not use our name nor any misspelling or typographical variation of TalentWatch, whether alone or in conjunction with any other word or phrase, trademarks or service marks in any manner (including use in any metatags or any other "hidden text") without our prior written or e-mailed consent. Any violation of the foregoing will terminate the permission and license granted by us to access and make use of TalentWatch.
TalentWatch user account holders who sign up as Artists (or Industry Professionals) may submit video content, audio content and textual content while TalentWatch user account holders who sign up as Fans may only submit textual content in the form of comments (collectively "User-Generated Content"). You understand that whether or not such User-Generated Content is published, TalentWatch does not guarantee any confidentiality with respect to any User-Generated Content.
You agree that your User-Generated Content intended for display on TalentWatch will not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User-Generated Content. In additional to the restrictions described above, you may not submit User-Generated Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. TalentWatch will remove all User-Generated Content if properly notified that such User-Generated Content infringes on another's intellectual property rights.
Furthermore, you cannot use TalentWatch to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the Website; promote bigotry or discrimination against protected classes; transmit or post pornography or illegal content; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any content on TalentWatch; take any action that imposes or may impose an unreasonable or disproportionately large load on TalentWatch's technology infrastructure; or violate any applicable laws.
You are solely responsible for and assume all risks associated with your User-Generated Content. This includes any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in your User-Generated Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize TalentWatch to use your User-Generated Content as described herein.
TalentWatch does not endorse any User-Generated Content or any opinion, recommendation, or advice expressed therein, and TalentWatch expressly disclaims any and all liability in connection with User-Generated Content. You may not imply that your User-Generated Content is in any way sponsored or endorsed by TalentWatch.
For the avoidance of doubt, you shall retain all of your intellectual property rights in and to your user submissions. However, you agree that, by submitting any User-Generated Content to TalentWatch, you are granting to TalentWatch a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display that User-Generated Content in connection with this Website and TalentWatch's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of this Website (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each User of TalentWatch a non-exclusive license to access your User-Generated Content through the Website, and to use, reproduce, distribute and display such User-Generated Content as permitted through the functionality of the Website and under these TOS.
The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User-Generated Content videos from TalentWatch. You understand and agree, however, that TalentWatch may retain, but not display or distribute, server copies of this User-Generated Content that have been removed or deleted. The above licenses granted by you with respect to your User-Generated Content comments are perpetual and irrevocable.
TalentWatch's Use of User-Generated Content
TalentWatch may or may not use your User-Generated Content in its sole discretion. For example, we may choose not to publish your User-Generated Content if we believe it violates the TOS. In addition, please note that we have no obligation to retain or provide you with copies of your User-Generated Content, nor do we guarantee any confidentiality with respect to your User-Generated Content.
TalentWatch and its licensees may display advertisements and other information adjacent to or included with your User-Generated Content on the Website and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
TalentWatch may include links to other websites as part of content created by TalentWatch ("TalentWatch Content") or User-Generated Content. TalentWatch does not control or endorse any content of these third party websites, and, by using TalentWatch you agree that TalentWatch is not responsible for the availability, content, or warranties of such third party websites.
TalentWatch reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. TalentWatch expressly reserves the right to remove your User account and/or restrict, suspend, or terminate your account, delete your videos or comments or limit or ban your access to any part of the Website if it determines, in its sole discretion, for example, that you breached the TOS or are suspected of involvement in illegal activity.
You may terminate your account with TalentWatch at any time, for any reason, by sending an email to firstname.lastname@example.org, Subject: CLOSE ACCOUNT. In the event of any termination, this TOS shall remain in effect.
Elbos LLC owns the TalentWatch Content that is available on the Website, including but not limited to visual interfaces, interactive features, graphics, scripts, photos, sounds, music, videos, design, compilation, computer code, products, software, text, aggregate user review ratings, and all other elements and components of the Website, excluding User-Generated Content and any third party content. Elbos LLC also owns or has the license for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the TalentWatch Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the TalentWatch Content in whole or in part except as expressly authorized by Elbos LLC. Except as expressly and unambiguously provided herein, Elbos LLC does not grant you any express or implied rights. All rights in and to the Website and the TalentWatch Content are retained by Elbos LLC.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is TalentWatch's policy to terminate a User's account and privileges of any TalentWatch User who repeatedly infringes the copyright rights of others upon receipt of proper notification to TalentWatch by the copyright owner or the copyright owner's legal agent. Pursuant to the Digital Millennium Copyright Act, if you believe that any of TalentWatch's User-Generated Content or other content infringes on your copyright, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on TalentWatch; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. TalentWatch's Copyright Agent for notice of claims of copyright infringement can be reached as follows: TalentWatch, Copyright Agent, PO Box 2570, Del Mar, CA 92014 or by sending an email to email@example.com.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH TALENTWATCH ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH TALENTWATCH ARE ACCURATE, RELIABLE OR CORRECT; THAT TALENTWATCH WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT TALENTWATCH IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE TALENTWATCH. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT TALENTWATCH SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
You agree that you will be responsible for any damages resulting from any violation by you of these TOS. You further agree to indemnify and hold TalentWatch, and its owners, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these TOS, or any violation of any law or the rights of any third party that occurs in connection with your use of TalentWatch.
These TOS shall be governed by and construed in accordance with the laws of the State of California, excluding conflicts of law rules. You agree that, unless expressly waived by us, the exclusive jurisdiction for any claim or action arising out of or relating to these TOS or your use of TalentWatch shall be in the state or federal courts located in the County of San Diego, State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
TalentWatch reserves the right to make changes to these TOS and our other legal notices at any time without notice to you. By continuing to use this Website following our posting of such changes, you agree to be bound by these TOS as modified. We may change, restrict access to, suspend or discontinue TalentWatch, or any portion of thereof, at any time.
TalentWatch and you are independent entities, and nothing in these TOS, or via use of the Website, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between TalentWatch and you. Any rights and licenses granted under these TOS, may not be transferred or assigned by you, but may be assigned by TalentWatch without restriction. If any of provision of these TOS shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of these TOS. The failure of TalentWatch to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision. The section titles in this TOS are for convenience only and have no legal or contractual effect. This TOS operates to the fullest extent permissible by law.
If you have any questions regarding these TOS, please contact us at: firstname.lastname@example.org.