1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing the TalentMinded.com website and service (the “Service”) offered by TalentMinded (“TalentMinded”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Service. These Terms and Conditions are effective as of July 19, 2012.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by TalentMinded) form a binding agreement between you and TalentMinded. Your access to or use of the Service indicates your acceptance of these Terms and Conditions. You are agreeing to use the Service at your own risk.
3. Intellectual Property Rights.
3.1 The Service, all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service and all right, title and interest in and to the foregoing are the sole property of TalentMinded or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, TalentMinded reserves for itself and its licensors all other rights, title and interest. You may access and use the Service only for your personal and non-commercial use and except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. You do not acquire any ownership rights in the Service by using the Service, downloading material from or uploading material to the Service. “TalentMinded,” the TalentMinded design logo and certain other names or logos are service marks or trademarks of TalentMinded, and all related product and service names, design marks and slogans are the service marks or trademarks of TalentMinded. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Service or on any materials downloaded from or uploaded to the Service on any authorized copy you make. All other product and service marks contained on this website are the trademarks of their respective owners.
3.2 TalentMinded hereby grants you a limited, terminable, non-exclusive right to access, use and display the Service only for your personal and non-commercial use. You agree not to use the Service for any other purpose except as specifically allowed in these Terms and Conditions. Your use of the Service is a privilege. TalentMinded reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
3.3 The Service may provide you with an opportunity to share and upload, or submit to the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant TalentMinded a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms and Conditions. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.
4. Acceptable Use of the Service.
4.1 You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Service under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Service 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 the Service complies with these Terms and Conditions and all applicable laws. You also agree to be bound by any application specific rules published within the Service.
4.2 TalentMinded reserves the right to terminate, modify, delete or suspend access to the Service, or any part thereof, in any way and at any time, with or without notice to you, without liability.
4.3 You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
4.4 TalentMinded welcomes your comments regarding the Service and other TalentMinded products and services and appreciates hearing from you. Please note, however, that TalentMinded does not accept or consider creative ideas, suggestions, inventions or materials other than articles in accordance with the Content Submission Guidelines or those which it has specifically requested. If you submit feedback on the Service or other TalentMinded products and services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send TalentMinded creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of TalentMinded. User Submissions and any elements contained in User Submissions shall not be subject to any obligation of confidentiality on TalentMinded’s part, and TalentMinded will not be liable for any use or disclosure of any User Submission. TalentMinded shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
4.5 You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Service to any third party.
5. Content Posting Rules.
5.1 You agree that you are willingly publishing the Content on the Service using technology and tools provided by TalentMinded.
5.2 TalentMinded may or may not regulate Content and does not guarantee the accuracy, quality, or integrity of any Content posted via the Service. By using TalentMinded, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that you are solely responsible for the Content that you post to the Service or transmit to other users and agree that TalentMinded will not under any circumstances be liable for any Content, including, but not limited to, errors in any Content, or any loss or damage incurred by use of the Content.
5.3 TalentMinded reserves the right to remove and permanently delete any Content from the Service with or without notice.
5.4 The following list is for illustration only and is not a complete list of all prohibited Content. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that: (i) is defamatory, abusive, obscene, profane or offensive; (ii) infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service); (iii) violates any party’s right of publicity or right of privacy; (iv) is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (v) promotes or encourages violence; (vi) is inaccurate, false or misleading in any way; (vii) is illegal or promotes any illegal activities; (viii) contains personal information of any party such as phone numbers, addresses, license plate numbers etc; (ix) 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; or (x) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
6. Other Websites. Other websites, including but not limited to, any social networking site through which you accessed the Service, or any third party content which frames or is linked from the Service, are not under TalentMinded’s control and TalentMinded does not assume any responsibility or liability for any communications or materials available at such third party linked sites. The links are provided for convenience only and TalentMinded does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or payment for such goods and services, and any other terms, conditions, warranties or representations associated with such interactions. TalentMinded shall not be responsible or liable for any part of any such interactions.
7. Disclaimers and Limitations on TalentMinded’s Liability.
7.1 WARRANTY DISCLAIMERS
(a) THE SERVICE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TALENTMINDED, 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. TALENTMINDED MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) TALENTMINDED DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TALENTMINDED IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) TalentMinded makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any form of communication engaged in by users. You agree that any reliance on any form of communication with users will be at your own risk.
(iii) TalentMinded makes no representations or guarantees regarding the accuracy or completeness of the content of the Service or the content of any sites linked to the Service, including, but not limited to, broken links, inaccuracies or typographical errors.
7.2 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE ANY SOCIAL NETWORKING SITES THAT YOU USE TO ACCESS THE SERVICE AND THE INTERNET GENERALLY.
(b) IN NO EVENT SHALL TALENTMINDED (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, 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 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALENTMINDED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 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 TALENTMINDED’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL TALENTMINDED (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(e) Due to the nature of these Terms and Conditions, in addition to money damages, you agree that TalentMinded will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
8. User Authentication. Because user authentication on the Internet is difficult, TalentMinded cannot and does not confirm that each user is who they claim to be. Because TalentMinded does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Service, in the event that you have a dispute with one or more users, you release TalentMinded from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
10. Amendments to these Terms and Conditions and Changes to Service. TalentMinded may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Service (or as otherwise stated in any notice of such changes). Any use of the Service will be considered acceptance by you of the then-current Terms and Conditions contained on such the Service. If at any time you find the Terms and Conditions unacceptable, you may not use the Service any longer. Any new or different terms supplied by you are specifically rejected by TalentMinded unless TalentMinded agrees to them in a signed writing specifically including those new or different terms. TalentMinded may change the Service at any time.
11. Indemnity. You agree to defend, indemnify, and hold harmless TalentMinded (and its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) 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 the Service or your breach of these Terms and Conditions. TalentMinded shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
13. Questions and Notices. Questions concerning the use of the Service should be directed to email@example.com. Notices to TalentMinded should be sent to the address listed on TalentMinded’s website at www.TalentMinded.com. We will send notice to you at the address submitted by you or to such other address as TalentMinded reasonably determines is an appropriate address for you.
14. General. TalentMinded is owned and operated by CareerBuilder, LLC. TalentMinded contact information is listed on its website. Access to the Service may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Service. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of Illinois. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Service, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by TalentMinded, these Terms and Conditions, constitute the entire agreement between you and TalentMinded.
15. Copyright Complaints.
15.1 TalentMinded respects the intellectual property of others. It is TalentMinded’s policy to respond to claims of copyright and other intellectual property infringement. TalentMinded will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, TalentMinded may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. TalentMinded will terminate access for Users who are repeat infringers.
15.2 Notifying TalentMinded of Copyright Infringement: To provide TalentMinded notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of TSST@careerbuilder.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing TalentMinded with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide TalentMinded with a counter notification by written communication to the attention of “Trust and Site Security” at TSST@careerbuilder.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.