Terms of Service

Terms of Service

Effective Date: August 8, 2024
Last Updated: August 8, 2024

Welcome to Talent Guild Inc. ("we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Talent Guild Inc. governing your access to and use of our website, www.thetalentguild.com("Website"), and any services provided through the Website (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately discontinue your use of the Services.

1. Acceptance of Terms
By accessing or using our Services, you agree to comply with and be bound by these Terms and our Privacy Policy. These Terms apply to all users of the Services, including but not limited to visitors, registered users, and contributors of content. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Services.

2. Eligibility
You must be at least 16 years old to use our Services. By accessing or using our Services, you represent and warrant that you meet this age requirement, have the legal capacity to enter into a binding agreement with Talent Guild Inc., and are not barred from using the Services under any applicable laws.

3. Account Registration and Responsibilities
To access certain features of our Services, you may be required to create an account. You agree to:

Provide Accurate Information:

Provide accurate, current, and complete information during the registration process and maintain the accuracy of such information by updating it as necessary.

Security of Account Credentials:

Maintain the confidentiality of your account credentials and restrict access to your account. You are fully responsible for all activities that occur under your account and for any actions taken using your account credentials.

Immediate Notification:

Notify us immediately if you discover or suspect any unauthorized access to or use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this responsibility.

Multiple Accounts:

You may not create multiple accounts for fraudulent or deceptive purposes, or to circumvent any restrictions or limitations set forth in these Terms.

Termination or Suspension:

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms or any applicable law.

4. User Responsibilities
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct while using our Services and agree not to:

Illegal or Unauthorized Use:

Use the Services for any illegal, fraudulent, or unauthorized purpose, including but not limited to violating any local, state, national, or international law or regulation.

Interference with Services:

Interfere with or disrupt the operation of the Services, servers, or networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.

Unauthorized Access:

Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

Transmission of Harmful Materials:

Use the Services to transmit, distribute, or store any material that is infringing, unlawful, defamatory, abusive, obscene, or otherwise objectionable, or that contains viruses, Trojan horses, worms, logic bombs, or other harmful material.

Violation of Rights:

Engage in any activity that violates the rights of others, including but not limited to intellectual property rights, privacy rights, and contractual rights.

Automated Systems:

Use any automated systems, such as bots, scrapers, or spiders, to access, extract, or manipulate data from the Services without our express written permission.

Reverse Engineering:

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services, except to the extent permitted by applicable law.

Excessive Bandwidth Use:

Use the Services in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, including excessive bandwidth use or other abuse of network resources.

5. Prohibited Conduct
In addition to the user responsibilities outlined above, you agree not to engage in any of the following prohibited activities:

Circumvention of Security Measures:

Circumvent, disable, or interfere with security-related features of the Services, including but not limited to any authentication measures, encryption technologies, or access control mechanisms.

Modification or Derivative Works:

Modify, adapt, or create derivative works based on the Services or any Content, or attempt to create a substitute or similar service through the use of the Services or access to the Services.

Unsolicited Communications:

Use the Services to send unsolicited or unauthorized advertisements, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other forms of solicitation.

False or Misleading Information:

Provide false, misleading, or inaccurate information to us or other users of the Services, or impersonate any person or entity, including but not limited to any of our employees or representatives.

Violation of Community Guidelines:

Violate any guidelines, policies, or rules established by us in connection with your use of the Services, including our community guidelines, if applicable.

6. Intellectual Property
All content, materials, and features available on our Website and through our Services, including but not limited to text, graphics, logos, images, audio, video, software, code, and any other proprietary materials (collectively, the "Content"), are the exclusive property of Talent Guild Inc. or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit the Content without our prior written consent.

License to Use Services:

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content solely for your personal, non-commercial use, in accordance with these Terms.

Restrictions on Use:

You may not use, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit the Content or Services for any commercial purpose without our prior written consent.

Trademarks:

The Talent Guild name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Talent Guild Inc. or its licensors. You may not use such marks without our prior written consent.

7. User Content
By submitting, posting, or otherwise making available any content on or through our Services ("User Content"), you grant Talent Guild Inc. a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable, and perpetual license to use, reproduce, modify, distribute, display, and perform your User Content in connection with our Services and for our business purposes.
You represent and warrant that:

Rights and Permissions:

You have all necessary rights, licenses, and permissions to grant the license above to Talent Guild Inc.

Non-Infringement:

Your User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other rights of any third party.

No Harmful Code:

Your User Content does not contain any viruses, malware, or other harmful code that could damage or disrupt the Services or any systems or devices connected to the Services.

No Ownership Claim:

We do not claim ownership of your User Content, and you retain all ownership rights in your User Content. However, we reserve the right to remove or disable access to any User Content that violates these Terms or is otherwise objectionable in our sole discretion.

Content Removal:

We reserve the right to remove or disable access to any User Content at any time, with or without notice, for any reason, including if we believe the User Content violates these Terms or any applicable law.

8. Termination
We reserve the right to suspend, restrict, or terminate your access to and use of the Services, with or without notice and for any reason, including but not limited to:

Violation of Terms:

If we believe you have violated these Terms or any applicable law, or if you engage in any conduct that we determine to be harmful to our business interests or the interests of other users.

Misuse of Services:

If you engage in any activity that we believe constitutes an abuse or misuse of the Services, including excessive bandwidth use, unauthorized access, or interference with the operation of the Services.

Legal Compliance:

If we are required to do so by law, regulation, or legal process, or if we determine that your continued use of the Services could result in legal liability for us or our users.

Effect of Termination:

Upon termination, all rights granted to you under these Terms will immediately cease, and you must promptly discontinue all use of the Services. Termination of your access to the Services will not relieve you of any obligations that arose or accrued before the termination, including any payment obligations or indemnity obligations.

9. Disclaimers and Limitation of Liability

Disclaimers:

Our Services are provided "as is" and "as available" without any warranties of any kind, whether express, implied, or statutory. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability:

To the maximum extent permitted by law, Talent Guild Inc. and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with your use of or inability to use the Services, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all claims arising out of or related to the Services or these Terms exceed the amount you paid us, if any, for accessing the Services in the twelve months preceding the event giving rise to the claim.

Indemnification:

You agree to indemnify, defend, and hold harmless Talent Guild Inc. and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any rights of another person or entity, or your breach of any representations, warranties, or covenants made by you under these Terms.

10. Governing Law and Dispute Resolution

Governing Law:

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Arbitration:

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, and the arbitrator's decision shall be final and binding. You and Talent Guild Inc. waive any right to a jury trial or to participate in a class action.

Injunctive Relief:

Notwithstanding the foregoing, Talent Guild Inc. may seek injunctive or other equitable relief to protect its intellectual property rights or to prevent unauthorized use of the Services in any court of competent jurisdiction.

11. Modifications to the Terms
We reserve the right to modify these Terms at any time, in our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on our Website and updating the effective date. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms.

12. Miscellaneous
Entire Agreement:

These Terms, together with our Privacy Policy and any additional terms to which you agree when using specific features of the Services, constitute the entire agreement between you and Talent Guild Inc. regarding the use of the Services.

Severability:

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable, or if no such modification is possible, then it shall be severed from these Terms without affecting the validity of the remaining provisions.

Waiver:

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Talent Guild Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment:

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms without restriction.

Force Majeure:

Talent Guild Inc. shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, or interruptions in Internet or communication services.

Headings:

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Survival:

The provisions of these Terms that by their nature should survive termination or expiration of these Terms shall survive, including but not limited to provisions relating to ownership, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and general provisions.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you have any questions about these Terms, please contact us at info@thetalentguild.com.