Talentville, Inc. (“TVI”, “we”, “us” and “our”) has created the internet web site www.Talentville.com (“Site”) for the purpose of creating an online community of individuals dedicated to the creative arts. It is composed of various features, content, screens, designs, functions, advertising and third party links (“Content”), member supplied creative submissions (“Submissions”) and member supplied comments, reviews, message board postings and emails and other uploaded material (“Member Content”).
This agreement (“Agreement”) is a legally binding agreement between TVI and you, whether you are a registered member (“Member”, or “Resident”), an approved industry professional (“Industry Member”) or an unregistered visitor (“Guest”), collectively known as users (“Users”).
This agreement authorizes your use of the site subject to your compliance with the terms contained in this agreement. By using the site, registering as a Resident or Industry Member or visiting the site as a Guest, you agree that you understand and agree to be bound by the terms and conditions contained herein. If you do not agree to the terms and conditions, do not access, visit or otherwise log into the site or access any information contained within the site.
TVI may modify this Agreement and any Content on the Site, including the addition or deletion of Content, at any time without prior notice and those changes shall be effective immediately upon posting to the Site. Your continued use of the Site after such changes indicates your acceptance of any and all changes. TVI may also terminate this Agreement at any time, with or without notice, for any or no reason.
TVI retains the right to remove any Submissions or Member Content at any time for any reason without notice. Additionally, TVI reserves the right to suspend or revoke site membership of any Member at any time without explanation. In using the site, you agree that TVI has the right to view and inspect, in their entirety, all Submissions and Member Content for the purposes of ensuring compliance with our terms and conditions as well as to comply with legal obligations, regulations or governmental requests.
The Site, its contents, designs, screens, logos, features and functions are owned by Talentville, Inc. or by third parties pursuant to contractual agreements. All Users acknowledge that this Content is protected by copyrights, trademarks, service marks and other proprietary rights and laws. Transmission or duplication of any portion of the site or its Contents without the express written permission of TVI is expressly prohibited.
You acknowledge that Member Content uploaded to the Site (not including Submissions which are covered separately in the Submission Agreement) may be read, transmitted or copied by others, and that care must be taken in the composition of such Member Content. You assume all responsibility for the accuracy, legality and liability relating to Member Content that you upload to the Site. TVI in no way controls, monitors, verifies or endorses any information contained in any Member Content.
TVI is not responsible for Submissions posted to the Site and makes no representation or warrantees as to their origins or ownership. You are responsible for protecting your work, whether via registration with the Writer’s Guild, US Copyright Office or other recognized registration agency and acknowledge that the viewing controls and restrictions which are built into the Site are the only means of limiting the reading of those Submissions by other Users.
All Users, whether Residents, Industry Members or Guests, must comply with all applicable laws and regulations in country of their residence.
You agree that any Submissions that they upload to the Site for any purpose meets the following criteria:
You acknowledge that TVI does not require Submissions to be registered or copyrighted. Due to the public nature of the Internet, and the public nature of our membership, the risks associated with posting or uploading of unregistered and unprotected original material is solely yours.
In uploading Member Content, including but not limited to emails, comments, reviews and message board postings, you acknowledge that the following actions are prohibited and will not be tolerated:
By uploading Member Content on the Site (not including Submissions, which are covered under the Submission Agreement), you hereby grant to TVI a non-exclusive, perpetual, fully paid and royalty free, worldwide license to use, copy, create derivative works, adapt, display, reproduce, transmit and distribute such content at our discretion and without notice, in all media now known and or hereafter devised.
You agree that all story ideas, character or plot descriptions and other creative ideas posted within Member Content shall be done so at your own risk and TVI shall have no liability thereof. Talentville does not condone or endorse the stealing of any creative material by anyone, Member or otherwise, however all areas of the site containing Member Content are open to the public and are visible and readable by all Users.
Talentville.com is a web site that is composed of both free memberships (“Tourists”) and paid memberships (“Citizens”). TVI reserves the right to charge for its paid memberships and to change the fees associated with those memberships at its discretion. If TVI terminates your membership due to a breach of this agreement, you will not be entitled to a refund for the remaining time on your membership.
You acknowledge that, depending on your Membership class and other criteria, portions of the site may be restricted and inaccessible to you. TVI retains the right to decide which portions of the Site may be accessed by each class of Members and may change those access rights at any time and without notice.
Talentville provides at the Site various third party services and products which are available to our Users. TVI makes no representation as to the quality, competence of fitness of a particular service or product to fill the needs for which it is advertised. Members are encouraged to verify the credentials of any product or service prior to utilizing that service or purchasing the advertised product. Users agree to hold harmless TVI from any and all claims, actions, liability damages and other obligations, known or unknown, relating to the use of any service or product advertised and/or offered on the Site.
Activities, educational events, contests, and other services that are entirely operated and run by Talentville, Inc. shall be advertised as such and may contain additional disclaimers and terms on a case by case basis that must be agreed to by you prior to purchasing those services or signing up for those activities.
All Industry Members at the Site are screened and verified prior to the approval of their special status and the activation of their membership. TVI will make every attempt to ensure that all industry Members are bona fide professionals in their industries, whether producers, development executives, agents, managers, publishers or another capacity approved by TVI. However, you acknowledge that despite our best efforts, some deceptive or dishonest members may be unwittingly approved.
TVI retains the right to preserve, in perpetuity, an audit trail including time and date stamps, of any and all activity by its Users and Guests, including but not limited to Submission Uploads, Submission Viewings and the use of any Site Content. This information will be kept for the purposes of resolving disputes between Users, establishing timelines of User activity for legal purposes and for statistical analysis by TVI for the purpose of modifying or improving the site.
TVI has implemented a number of security measures to protect all Submissions uploaded to the Site when performed using the Upload facility (“Upload a Screenplay”, “Upload a Book”, etc.). This includes, in part, encryption of all Submissions and their storage in a password protected database. Additionally the Site has implemented User-Selectable Viewing Controls which provide Users the ability to restrict access to some or all of their Submissions. Users acknowledge that it is their responsibility to use the Controls provided should they wish to restrict or control access to their Submissions.
If you believe that proprietary material or intellectual property you have posted or uploaded has been unlawfully infringed upon, or if you believe that another User has posted or uploaded proprietary material or Intellectual Property belonging to you, it is your responsibility to report the infringement to our Copyright Agent via email to the following address: firstname.lastname@example.org.
Via telephone: 310-482-1246
Via fax: 310-751-6493
When reporting an infringement, you must include the following information:
TVI agrees to make a reasonable effort to investigate all disputes and take any and all necessary actions to end the infringement, not to exceed the removal of the material from the Site and termination of the infringing User.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TVI DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY USE OF YOUR LITERARY MATERIAL NOR SHALL WE BE LIABLE FOR OUR PUBLICATION OR YOUR VIEWING OF, EXPOSURE TO, OR ANY ACCESS TO ANY LITERARY OR OTHER MATERIAL CONTAINED ANYWHERE ON THE SITE, INCLUDING SUBMISSIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL TVI BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
NOTICE FOR CALIFORNIA USERS: California Civil Code Section 1789.3 entitles California users to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R. Street, Sacramento, CA 95814 or by telephone at (916) 445-1254.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
You agree to indemnify, defend and hold TVI and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
You agree that the laws of the State of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and TVI, its employees, agents or affiliates. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.