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Terms and Conditions

Effective Date: October 1, 2008

Welcome to GreatTalents.com! Our online talent site, business directory, and networking services allow Members and Users to create unique personal and business relationships online in order to promote themselves and businesses, and to communicate with others in the entertainment industry. We offer various services such a talent database, portfolios, forum, audition notices, resources, articles, emails, postings, information, data, materials, profiles and much more. GreatTalents.com, its affiliated and associated websites is (are) NOT a talent agency, casting service, nor an employment/recruiting agency.

PLEASE READ THIS DOCUMENT CAREFULLY. IT IS IMPORTANT. IF YOU HAVE ANY QUESTIONS ABOUT THE IMPORTANCE AND/OR CONSEQUENCES OF THE TERMS, CONDITIONS, RULES, REGULATIONS, PROVISIONS AND/OR ANY OF THE CONTENT CONTAINED HEREIN, YOU SHOULD CONTACT AN ATTORNEY FOR REVIEW AND APPROVAL OR REJECTION.

Disclaimer/Release/Waiver

And

Assumption of the Risk

And

Indemnity Agreement

And

Terms & Conditions

And

Privacy Statement

GreatTalents.com services and networks and affiliated and associated websites are operated by Great Talents, LLC and its corporate affiliates (collectively, "Us", "We" or "the Company"). The products and services offered by GreatTalents.com, its associated and affiliated websites, include the GreatTalents.com website (the "GreatTalents Website"), the GreatTalents.com Internet messaging service, and any other features, content, products, services and applications offered from time to time by GreatTalents.com and its associated and affiliated websites

By using the GreatTalents website and/or any of Our associated and affiliated websites, You agree that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions" or "Agreement") and any and all other rules and regulations stated herein. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions, rules and regulations at any time without further notice and in are sole and absolute discretion. If we do this, we will post the updated Terms and Conditions and their effective date. Your continued use after any such changes constitutes your acceptance of the new Terms and Conditions, rules and regulations. If you do not agree to abide by these or any future Terms and Conditions, rules and regulations, please do not use or access the Service or the Website. It is your responsibility to regularly review these Terms and Conditions, rules and regulations.

You, individually, your business, employees, licensees, associates, officers, directors, affiliates, representatives, business entities, contractors, advertisers, clients and/or customers, (hereinafter collectively referred to as “You” and/or “Your”) hereby release, waive, discharge, and covenant not to sue GreatTalents.com, Great Talents, L.L.C. and/or its business, businesses, employees, licensees, associates, officers, directors, affiliates, representatives, companies, business entities, contractors, (hereinafter collectively referred to as “Us” and/or “We” and/or “Our” and/or “Us”) and each of them, from any and all liability to Us for any and all loss or damage and any claim or demands therefore on account of injury, including, but not limited to any financial injury, to You, arising out of or relating to Us, whether caused by the negligence of Us or otherwise. You hereby agree to indemnify Us, save Us and hold Us harmless from and against any loss, liability, damage or cost We may incur from any and all claims, demands, actions, causes of actions, penalties, judgments and liabilities of every kind and description (including, but not limited to, court costs and reasonable attorneys’ fees) for injury to, or damage to and loss of property, including, but not limited to, Your intellectual property, which is caused by, arise from or grow out of the acts or omissions of Us from any breach by You of any and all of the terms and/or conditions of this Agreement. You hereby agree that this Release, Waiver, Assumption of the Risk Agreement, Indemnity Agreement, and/or the below Terms & Conditions and any other rules and regulations, extend to any and all acts of negligence by Us and is intended to be as broad and inclusive as is permitted by the laws of the state of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This shall constitute a binding agreement between You and Us.

You have read and agree to abide by this Release, Waiver, Assumption of the Risk Agreement, Indemnity Agreement, and the below Terms & Conditions and any and all other rules, regulations, terms, provisions, and conditions stated herein and/or that We adopt from time to time. You understand that this Release, Waiver, Assumption of the Risk Agreement, Indemnity Agreement, and/or the below terms, conditions, rules and regulations, shall be binding upon You. You understand that any change and/or modification to this Release, Waiver, Assumption of the Risk Agreement, Indemnity Agreement, and the below Terms & Conditions and any and all other rules and regulations must be approved by Us in writing.

Terms, Conditions, Rules & Regulations

The terms, conditions, rules and regulations govern your use of the GreatTalents Services and any of Our affiliated and associated websites. By using the GreatTalents Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the GreatTalents Website) or you are a "Member" (which means that you have registered with GreatTalents.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the GreatTalents Services if you agree to abide by all applicable terms, conditions, rules and regulations contained herein.

1. Introduction. Please read this web page carefully. It contains the terms, conditions, rules and regulations governing your access to and use of Our website. If You do not comply with Our rules, regulations, terms and conditions You may not use the Site.

2. Binding Agreement. The rules, regulations, terms and conditions, together with all Exhibits to these constitute an agreement between You and Us. Your access to or use of Our website demonstrates Your acceptance of and your agreement to comply in full with the rules, regulations, terms and conditions stated herein

3. Certain Definitions. The following definitions apply to this Agreement:

GreatTalents.com, Great Talents, L.L.C. includes all of Our Website, in its entirety and all related sites owned or operated by Us, and includes Our Content, Text, Graphics, Design, Programming and Services as applicable in the context.

Content: includes all Text, Graphics, Design and Programming used on the Site.

Text: includes all text on every page of the Sites, whether editorial, navigational, or instructional.

Graphics: includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

Design: includes the color combinations and the page layout of the Sites.

Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (ASP.net, C#, SQL, databases, etc.) used on the Sites.

Document: refers to any and all of the information and/or data that You post, display, and/or disclose on and/or within Our Sites.

Services: means any services provided on the Sites by Us.

User: refers to any and all individuals or entities, including, but not limited to You and/or subscribing members, who use any aspect of Our Sites and/or means any and all individual and/or entities who access the Sites for any reason and in any capacity.

4. Acceptable Use of the Site.

4.1 General Use Rules. The Our Sites are intended for reasonable and legal uses. You may use Our Sites only for reasonable and lawful purposes. We are the sole interpreter of Our Sites’ intended, acceptable and reasonable use.

4.2 Eligibility. By using the GreatTalents 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 18 years of age or older; and (d) your use of the GreatTalents 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 less than 18 years of age. You must be eighteen (18) years of age or older to register as a member of GreatTalents (a "Member") or use the Website. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the Terms and Conditions of this agreement. We may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age.

4.3 Your Use. We hereby give You limited, revocable, temporary, terminable, and non-exclusive permission to access and use Our Sites. This temporarily authorizes You and only You to view the contents and data contained within and upon Our Sites. You agree that You are solely responsible for the content of any Document you post to the Sites and any and all of the consequences arising from such posting. Your use of Our Sites is a privilege. We reserve the right to suspend, revoke and/or terminate that privilege for any reason at any time, in Our sole and absolute discretion. You may not sell, transfer or assign any of Our products, services, data, and information. Your permission to any products, services, data and/or information provided by Us may not be transferred, sold and/or assigned to any third party without the express written approval by Us. You agree that You are solely responsible for the content, information, data, products and services of any Document, data, and information You post, display, and/or disclose to Our Sites and any and all consequences arising from such posting, displaying, and/or disclosing. We reserve the right to suspend, revoke, and/or terminate Your access and/or use at any time if We, in Our sole and absolute discretion, determine that You are in breach of any of these Terms and Conditions.

4.4 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. If you suspect unauthorized use of your account, you must change your password immediately. You are solely responsible for any and all use of your account.

4.5 Other Specific Rules. You represent, warrant and agree that You will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is Your responsibility to ensure that Your use of Our Sites complies, in full, with these Terms and Conditions and all applicable laws.

4.6 House Rules for Posting, Conduct, Content, Information and Security. You agree to comply with the "House Rules" for posting, displaying, and/or disclosing Your information and/or data. You agree to comply with the “House Rules” regarding conduct and security on Our Sites, which are explained below.

5. Intellectual Property Rights. Our Sites and all right, title and interest in and to the Our Sites are the sole property of GreatTalents.com, Great Talents, L.L.C. and/or its business, businesses, employees, licensees, associates, officers, directors, affiliates, representatives, companies, business entities, contractors, advertisers and is protected by U.S. copyright and international treaties. Except for the limited permission expressly given to You in these Terms and Conditions, We reserve for Us and Our licensees all other right, title and interest. Without limitation on the foregoing, You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. GreatTalents.com, Great Talents, L.L.C. and Our designs logos and certain other names or logos are service marks or trademarks of Us, and all related product and service names, design marks and slogans are the service marks or trademarks of Us. In addition, the "look" and "feel" of Our Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Our trademarks, service marks and copyrights. All other products and services marks contained on Our Sites are the trademarks of their respective owners.

We contractually prohibit our users from using the service that infringes on third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) through our Terms and Conditions. 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 the policy of GreatTalents.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to GreatTalents.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on GreatTalents.com in a way that constitutes copyright infringement, please provide our Intellectual Property Rights 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 the GreatTalents Services; please note: A profile URL is www.GreatTalents.com/profile/XX/_default.aspx or a direct URL to the item your objecting to. Simply including www.GreatTalents.com is not sufficient to identify what you are objecting to; we use the "XX" part of the URL to identify the user. Include specific URL that directly points to the profile or item in question. (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.

Intellectual Property Rights Agent can be reached at:

Great Talents, LLC
c/o Intellectual Property Rights Agent
2473 S. Higley Rd.,
Ste. 104-315, Gilbert, AZ 85295;

6. Limitations on Our Liability.

6.1 Allocation of Responsibility. We assume no responsibility for Documents posted displayed, and/or disclosed by You and We assume no responsibility for the activities, omissions or other conduct of Users. We act as a portal for the online distribution and publication of User submitted information and We have no obligation to screen communications or information in advance. We are not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, We may investigate, but are not required to investigate, the allegation and determine in good faith and in Our sole and absolute discretion whether to remove and/or request the removal of such Document. We have no liability or responsibility to Users for performance or nonperformance of such activities. We may take any action with respect to User submitted information that We deem necessary or appropriate, in Our sole and absolute discretion.

If you become aware of misuse of the GreatTalents Services by any person, please contact Us and provide Us with the link.

6.2 No endorsements by Us. Nothing on Our Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

6.3 No Guarantee of Results. We are not an employment agency, a talent agency and/or a recruiting firm, and We make no representations or guarantees regarding the effectiveness or timeliness of Our Sites in meeting the employment objectives, or any other objectives whatsoever, of Users. We do not guarantee that Documents, profiles, information and/or data posted by Users and/or members will result in profit for You, profit for Users and/or Members, financial gain, exposure to prospective clients and customers. We cannot guarantee and do not guarantee You, Our Members and/or Users will be, or will be considered to be candidates for hired or positions being filled, and We are not responsible for any employment decisions, purchasing decisions, and/or servicing decisions for whatever reason made, made by any User.

6.4 OTHER WARRANTY DISCLAIMERS. (a) OUR SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR SITES. (b) Without limitation on the foregoing: (i) WE DO NOT WARRANT THAT OUR SITES WILL OPERATE ERROR-FREE OR THAT OUR SITES AND OUR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. (ii) We make no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk. (iii) We make no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies and/or typographical errors.

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

  1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
  2. IN NO EVENT SHALL WE (OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
  4. IN NO EVENT SHALL WE (OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00 (OR, IF YOU HAVE A SERVICES AGREEMENT WITH US, THE AMOUNTS ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT IF GREATER THAN U.S. $200.00).
  5. Due to the nature of this Agreement, in addition to money damages, You agree that We will be entitled to equitable relief upon a breach of this agreement by you.

7. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement You should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include Your termination in the case of breach of this Agreement or the Service Agreement by Us, We reserve the right to receive all payments from You for the Services used by you up to termination and a prorated amount of the remaining unused portion of the Service Agreement.

8. Links to Other Sites. Our website contains links to third-party websites. These links are provided solely as a convenience to You and not as an endorsement by Us of the contents on such third-party websites. We are not responsible for the privacy policies and/or practices of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at your own risk. When linking to another site a user should read the privacy policy stated on that site. This may result in unsolicited messages from third parties for which we are not responsible. Our privacy policy only governs information collected on GreatTalents.com. Furthermore, You may have arrived at Our website by following a link from an affiliate or other website. If so, please be aware that GreatTalents may share Your information with that affiliate and the affiliate may use the information consistent with its privacy policy instead of this one.

9. Amendments to this Agreement and Changes to Site. We may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on Our Sites (or as otherwise stated in the any notice of such changes). Any use of the Sites will be considered acceptance by You of the then-current Terms and Conditions (including any Exhibits thereto). If at any time You find the Terms and Conditions unacceptable, You may not use the Site any longer. Any new or different terms supplied by You are specifically rejected by Us unless We agree to them in a signed writing specifically including those new or different terms. We may change the Site at any time.

10. Indemnity. You agree to defend, indemnify, and hold Us harmless (and Our officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with Your use of Our Sites, any Document posted by You, or Your breach of this Agreement.

11. User/Member Information. The Privacy Policy posted on Our website is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through Our on-line operations only. Please note, as set forth in the Privacy Policy, that We may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, We reserve the right to comply, in our sole and absolute discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

12. General. Our contact information is listed on Our Sites. We make no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use Our Site. If you access Our Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and/or Your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of Arizona. The sole relationship between You and Us is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Us in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and Your Service Agreement where applicable, constitute the entire agreement between you and Us.

A. House Rules regarding Posting, Conduct and Security

We are the sole and absolute interpreter of these rules. Users and Members who violate these rules may have their access and use of the Sites suspended or terminated, at Our sole and discretion. We reserve the right to change these rules in accordance with the amendment policy in the Terms and Conditions which is attached.

You agree not to post, email, display, and/or disclose and/or otherwise make available Content:

  1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  2. that is nudity and/or pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
  3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. that unlawfully discriminates based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  5. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment, products and/or services a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
  6. that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, products and/or services, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
  7. that impersonates any person or entity, including, but not limited to, a GreatTalents employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  8. that includes personal or identifying information about another person without that person's explicit consent;
  9. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  10. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  11. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  12. that constitutes or contains any form of advertising or solicitation if: posted in areas of the GreatTalents sites which are not designated for such purposes; or emailed to GreatTalents users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
  13. that includes links to commercial services or websites, except as allowed by Us and approved by Us in writing;
  14. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Arizona and/or Federal law;
  15. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  16. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to Our website, or that otherwise negatively affects other users' and/or members’ ability to use and/or access Our Website;
  17. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Our web sites. Additionally, You agree not to:
  18. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose not expressly permitted by us in writing;
  19. "stalk" or otherwise harass anyone;
  20. collect personal data about other users and/or members for commercial or unlawful purposes;
  21. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Our web sites - unless expressly permitted by Us in writing;
  22. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  23. post the same item, products or service in more than one category or forum, unless expressly permitted by Us in writing;
  24. attempt to gain unauthorized access to Our computer systems, software and/or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Our website; or
  25. use any form of automated device or computer program that enables the submission of postings on Our web sites without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
  26. use any form of automated device or computer program ("flagging tool") that enables the use of Our "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use a flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates Our terms and conditions;

A1. Posting, Documents, Information, Date, Material and Profile Rules:

  1. Your Document(s), profiles, information, postings, material and/or data may not contain: (i) copyrighted material (unless you own the copyright or have the owner's written permission to post and display the copyrighted material); (ii) trade secrets (unless you own them or have the owner's written permission to post them); (iii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iv) keywords or white text keywords (including any words embedded in the Documents, material, data, information, postings and/or profiles that is (are) hidden from the User and/or Member); (v) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
  2. You may not use Your Document(s), postings, profiles, information, material and/or data to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business unless We give You permission to do so in writing (including, but not limited to, Email Processors, "memberships," distributorships, and/or anything requiring a monetary investment by the User, including a request for payment); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
  3. Your Document(s), postings, information, profiles, material and/or data must contain sufficient detail to convey clearly to the user, reader, and/or member the nature and requirements of the Your products, services, experience and/or Your qualifications. Documents, information, and/or data that encourage the user, reader, and/or member to "email for more details" are not permitted.
  4. Postings, information, data, information, profiles, material and/or Documents must contain accurate information and data about Your products, services, experience and qualifications.
  5. We are under no obligation to monitor the Documents, information, data, profiles, material and/or postings on Our Sites, but We may monitor the same at random and/or upon reasonable information and/or notification and/or complaint that data, Documents, information, and/or profiles is (are) not in complete and/or partial compliance with the rules and regulation stated here in. Documents, data, information, profiles and/or postings found to violate the above may be removed at Our sole and absolute discretion.

A2. Conduct Rules:

  1. You may not respond to postings, documents, information, materials, data and/or profiles by other Users and/or Members in any manner or for any purpose other than that which is stated in the rules and regulations contained herein.
  2. You may not send unsolicited commercial email to Users.
  3. You may report inappropriate postings or conduct to Us. If you become aware of misuse of the GreatTalents Services by any person, please contact us and provide Us with the link.
  4. You may not delete or revise any material posted by any other person or entity.
  5. If at any time during the term of this agreement We come to the understanding that You: (i) misled Us of your business practices and/or services and/or products, or (ii) purchased services that do not represent Your precise business, We reserve the right to terminate this agreement in our sole and absolute discretion.
  6. We are under no obligation to monitor the conduct of Our Users, but We may investigate and respond when violations are reported.

A3. Security Rules:

  1. Users and members, including Yourself, are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such use or logging into a server or account which the User and/or Member is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
  2. Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

13. Third Party Content, Sites, And Services. Our website and content, information and/or data available through Our website may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of Us, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals and/or businesses found on or through Our website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals and/or businesses. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on Our website, or between users and/or members, and any third party, You understand and agree that We under no obligation to become involved. In the event that You have a dispute with one or more other users and/or members, You hereby release Us, Our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

14. Use of Cookies. Our website uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from GreatTalents.com in order to use most functions on the site. Please note that Our website allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, and not Our Privacy Policy.

15. No Spam Policy. You understand and agree that sending unsolicited email advertisements to Our email addresses, the email addresses of Our members and/or users, and/or send unsolicited email advertisements through Our computer systems, which is expressly prohibited by these Terms & Conditions, constitutes one or more violations of Our Terms & Conditions. Any unauthorized use of Our computer systems is a violation of these Terms & Conditions and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject You and/or Your agents to civil and criminal penalties.

16. Fees. You acknowledge that GreatTalents.com, and Our affiliated and/or associated websites reserves the right to charge for any and all of Our products and/or services and to change its fees from time to time in Our sole and absolute discretion. We may charge You a fee to post, display, and/or disclose Your content, information, data, material, business, professional qualifications, and/or work experience. The fee is an access fee permitting Your content, information, data, business, material, professional qualifications, and/or work history to be posted, display, and/or disclosed in a designated area. You are solely responsible for the information, data, material and content that You display, disclose and post. Your are solely responsible for Your compliance all of Our Terms & Conditions, rules and regulations. You must comply completely and fully with Our terms, conditions, rules and regulations. All fees paid will be non-refundable in the event that Your information, data, postings, material, profiles and/or content is removed from Our websites for violating Our Terms & Conditions, rules and/or regulations.

17. Limitations On Service. You acknowledge and agree that We may establish limits concerning Your use Our products and services, including, but not limited, the permission We give You to post, display, and/or disclose Your personal information, data, businesses, material professional qualifications, and/or work history, including the maximum number of days that Your personal information, data, information, businesses, professional qualifications and/or work history will be displayed, posted, and/or disclosed by Us on Our web sites. You acknowledge and agree that we may establish limits concerning the maximum number and size of postings, disclosures, displays, email messages, material personal information, data, professional qualifications, work history, and/or content and/or the frequency with which You may access Our web sites. You agree that We have no responsibility or liability for the deletion and/or failure to store, display, disclose and/or post Your personal information, data, businesses, material, professional qualifications, work history and/or content. You acknowledge that We reserve the right at any time to modify or discontinue Our products and services (or any part thereof) with or without notice, and in our sole and absolute discretion, and that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of Our services and/or products.

18. Violation of Terms Rules, Regulations, And Liquidated Damages. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Us to pursue legal action to enforce these Terms & Conditions, You will be liable to pay Us the following amounts as liquidated damages, which you accept as reasonable estimates of Our damages for the specified breaches of these Terms & Conditions:

  1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, You agree to pay Us one thousand dollars ($1,000) for each such message.
  2. If We establish limits on the frequency with which you may access Our website, or terminate Your access to or use of Our web sites, You agree to pay Us one hundred dollars ($100) for each message posted in excess of such limits or for each day on which You access Our website in excess of such limits, whichever is higher.
  3. If you send unsolicited email advertisements to Our users’ and/or members’ email addresses or through Our computer systems, You agree to pay Us twenty five dollars ($25) for each such email.
  4. If you post, display and/or disclose information, data, material and/or content in violation of the Terms & Conditions stated herein, other than as described above, You agree to pay Us one hundred dollars ($100) for each item, document, and/or posting. In its sole and absolute discretion, We may elect to issue a warning before assessing damages.
  5. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content, data, and/or information (except for Your own content, data and/or information) in violation of these Terms & Conditions without Our express written permission, You agree to pay Us three thousand dollars ($3,000) for each day on which You engage in such conduct.

Otherwise, You agree to pay Us actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms & Conditions, We retain the right to seek the remedy of specific performance of any term contained in these Terms & Conditions, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms & Conditions, or any combination thereof.

19. Privacy Policy. Your privacy is important to Us. The GreatTalents Privacy Policy is incorporated into these Terms and Conditions by reference. Please read the Privacy Policy Policy carefully for details relating to the collection, use, and disclosure of information.



 
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