Website Terms of ServiceThank you for visiting the Talentral web site ("Site"). The Site is designed to provide a means of showing your professional story by alowing you to post and link to various digital content. Talentral Corporation ("Talentral" or "we, us, our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that the parties know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Service, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
Electronic Communications.When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Trademark and Copyright NoticeAll of the Content on the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Talentral, or one of its affiliate companies or by third parties who have licensed their materials to us. This includes but is not limited to the Talentral trademarks and service marks owned by Talentral and its affiliates. All other trademarks and service marks displayed on the site are the property of their owners.
You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Your ConductAny conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree that your use of robots, spiders, crawlers, wanderers, Web agents and other such automated processes on the Site will be Standard for Robot Exclusion (SRE)-compliant robots ("robots") and when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.Talentral.com/robots.txt ("the robot.txt file"). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site, without prior notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any information from the Site, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Site ContentYou acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
Links to Third Party SitesThis Site may contain links to Sites owned or operated by third parties. Such links are provided for your reference only and we do not control such Sites and we are not responsible for their content. We reserve the right to terminate a link to a third party Site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that Site.
Comments and SubmissionsWe welcome your comments, notes, messages, ideas, reviews of services or products, feedback, suggestions or other communications (collectively, "Submissions") concerning the Site, which shall be and remain the property of Talentral.
You may post Submissions so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. Talentral and its affiliate companies reserve the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant Talentral and its affiliate companies a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Talentral and its affiliate companies against all claims and liabilities resulting from your Submission. Talentral and its affiliate companies do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
DISCLAIMERTHE SITE AND THE CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, TALENTRAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. TALENTRAL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. TALENTRAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE TALENTRAL WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
TALENTRAL DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY THIRD PARTY SITES YOU MAY LINK THROUGH TALENTRAL, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY.
TALENTRAL DOES NOT MAKE ANY REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND SHALL HAVE NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT.
IN NO EVENT SHALL TALENTRAL OR ITS AFFILIATE COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE SITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TALENTRAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU. WITH RESPECT TO ANY ALLEGED DAMAGES, YOUR SOLE REMEDY SHALL BE THE RETURN OF MERCHANDISE AND A POSSIBLE REFUND PUSUANT TO THE POLICIES SET FORTH ON THIS SITE. YOUR USE OF TALENTRAL IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE SITE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TALENTRAL.
Our RightsWe may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.
We reserve the right to cancel any order or part of an order, or refuse service to anyone for any lawful reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. The contract between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
We make reasonable efforts to provide accurate information about prices on the Site. Nevertheless, pricing errors may appear on the Site. Accordingly, we do not guarantee the prices set forth on the Site and reserve the right to cancel any order for an item that was based on a pricing error on the Site. If your order is cancelled due to a pricing error on the Site, we will notify you of the cancellation. Prices on the Site are subject to change without notice.
You agree to indemnify and hold us, and our affiliate companies, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content and Submissions you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Service, or your violation of any rights of another. By accessing and using this Site, you agree that your access and use is subject to these terms and conditions as well as applicable laws, as governed and interpreted pursuant to the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Our failure to insist upon strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
ExportThe U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
General TermsIf any part of this agreement is ruled to be unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, with the remainder of agreement remaining in full force and effect. The terms and conditions constitute the entire agreement between us governing your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Effective Date: June 4, 2013
Application Terms of ServiceThe following terms and conditions (the "Agreement") govern all use of the Talentral Application ("Application"). The Application is owned and operated by Talentral Corporation ("Talentral"). The Application is subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
Talentral reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Notwithstanding the foregoing, if User paid Talentral for the Application, User will only be bound by this Agreement as originally agreed-to by User in connection with such purchase (i.e. the new/modified terms will not apply).
This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
1. AGE RESTRICTION.User hereby certifies to Talentral that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Application (and that, if User is under the legal age of contractual consent, User has the authority and permission of a legal guardian).
2. LICENSE; USER CONTENT.Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable license to access the application from User's mobile or other computing device solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.
User acknowledges and agrees that if User uses the Application to contribute or share any content ("User Content"), Talentral is hereby granted a non-exclusive, worldwide, perpetual, royalty-free, transferable right to use, reproduce and display such User Content as reasonably necessary to provide User with the Application features. Talentral reserves the right to remove any User Content from the Application (or prohibit its transmission) at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all. User represents and warrants that (i) User has all rights, power, and authority to submit all User Content and grants the foregoing license, (ii) none of the User Content infringes or otherwise violated the rights of any third party, (iii) all User content complies with all applicable laws and regulations, and (iv) none of the User Content is profane, contains any nudity, is obcene, or is sexual or otherwise offensive.
3. LOCATION BASED SERVICES.Where Talentral collects location-based information, Talentral may do it on an anonymised basis for the improvement of our Application. User hereby consents to Talentral's use of anonymised location based services information collected from User.
Where the location-based information is personally identifiable Talentral will give User options to manage User's disclosure of this information within the Application. Depending on the functionalities available on User's mobile device, User may benefit from advanced options to manage the location-based information.
4. RESTRICTIONS.User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Talentral shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application, or to any of the services offered on or through the Application, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Talentral's systems or networks, or any systems or networks connected to the Application or Talentral.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person's use of the Application.
User shall not (i) submit false information to the Application, (ii) use the Application to libel, defame, threaten, harass, or otherwise harm any third party, or (iii) use the Application for any purpose that is unlawful or prohibited by this Agreement. In the event User submits any information to the Application, User represents and warrants that User has the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).
5. APPLE TERMSIn the event you are using the Application in connection with a device provided by Apple, Inc. ("Apple"), the following shall apply:
5.1 User agrees that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon User's acceptance of this Agreement, Apple will have the right to (and will be deemed to have accepted the right) to enforce this Agreement against User as the third party beneficiary thereof;
5.2 User acknowledges and agrees that Talentral, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
5.3 User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; and
5.4 In the event of any failure of the Application to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application (if any) to User.
6. MEMBER DISPUTES.User is solely responsible for your interactions with other Application users. Talentral reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release Talentral (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. REGISTRATION; SECURITY.As a condition to using certain products and services of the Application, User will be required to register with Talentral and select a password and User name ("Talentral User ID") or register through Facebook or Twitter or LinkedIn. User shall provide Talentral with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Talentral User ID a name of another person with the intent to impersonate that person; or (ii) use as a Talentral User ID a name subject to any rights of a person other than User without appropriate authorization. Talentral reserves the right to refuse registration of, or cancel a Talentral User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Talentral password and other account information.
8. INDEMNIFICATION.User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless Talentral, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) access to or use of any of the Applications, (ii) violation of this Agreement, or (iii) User Content.
9. WARRANTY DISCLAIMER.THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TALENTRAL MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER'S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TALENTRAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. TERMINATION.Talentral may terminate User's access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
13. MISCELLANEOUS.The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Talentral shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Talentral's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Talentral's prior written consent. Talentral may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Talentral in any respect whatsoever.
Effective Date: June 6, 2013