User Terms & Conditions

TalentsChannel is a global social media platform to host web-only and cross-media talent selection formats called challenges, contests, actions, talent hunts, etc, hereafter collectively called "Challenges". This platform is a general talent framework (web / mobile / events), which can be applied to any field of human talent. Talents Media B.V. creates formats / solutions based on this platform in close co-operation with partnering production- and media companies; enhancing existing off-line talents concepts and on-line social platforms. Challenges are typically organized and sponsored by Talents Media customers and partners, hereafter collectively called "Sponsors".

TalentsChannel is owned and produced by Talents Media B.V. (www.TalentsMedia.com) and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "TC"). By registering to be a member of TC or to use any TC Service, you are agreeing to the following User Terms & Conditions, hereafter called "Terms and Conditions". In addition, there are a variety of special Products and Services offered through TC that can have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreements. The Talents Media General Terms & Conditions as published on www.TalentsMedia.com are applicable to all Talents Media products & services. When you are using any TC service or product that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Additionally, even if another TC service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and Conditions will also apply to the use of that service or product. TC also may supplement the Terms and Conditions with additional posted guidelines or rules. You can view the most current version of the Terms and Conditions at any time by visiting TalentsChannel.com, and click on "Terms & Conditions". These Terms and Conditions constitute the entire agreement between you and TC and govern the use of the TC Products and Services, superseding any prior agreements between you and TC. TC may also offer other services from time to time that may be governed by the terms and conditions of the respective service partners. Because the Terms and Conditions contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

These Terms and Conditions may be amended from time to time without any notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. Changes apply to both new agreements and to existing agreements. Changes shall be effective for new agreements upon posting by TC on the website. Changes shall be effective for existing agreements one month after publication or another date if explicitly mentioned. Changed Terms and Conditions are published on the TC webpage and may be published using the Products and Services. You agree to be bound to any changes to these Terms and Conditions when you use the Products and Services after the effective date of any such posted modification. If you do not agree with the changes you shall not use the TC Products and Services from the date the changes are effective, and you are personally responsible to block or remove your TC account. You are kindly requested to send a message to the TC helpdesk through the Products and Services, so TC can understand your objections.

Products and Services

TC entitles users to access a variety of on-line and interactive on-line services (the "Products and Services") under various top-level domains (e.g. TalentsChannel.com, TalentsChannel.de, TalentsChannel.nl), as well as under various sub-domains and aliases of such top-level domains. Some of the Products and Services are supported by advertising, enabling TC to provide them to you at no or low cost. When you use these services, you agree to allow TC to display advertising, including third party advertising, through the Products and Services, including direct mail to your e-mail address. You agree to receive emails, which are specific to your account and necessary for the normal functioning of the TC Products and Services. You also agree to have your name and/or email address listed in the header of certain communications, which you initiate through the TC Products and Services. TC reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms and Conditions. By registering to be a member of TC you accept that TC has the right to place advertisements on the site in any format or through any channel, including but not limited to e-mail, layer ads, pop-ups, banners and other usual formats without any forewarning and it is furthermore accepted that TC takes no responsibility for the advertising content and that TC shall not be liable for any losses incurred regarding this advertising. Your personal data is properly and carefully stored and managed according to the applicable (privacy) laws. The TRUSTe security guidelines have been used where appropriate for and achievable by TC for taking care of your personal data. You always have the possibility to check your personal data in our databases through the Products and Services. By registering to be a member of TC you accept that TC has the right to use the collected data for commercial purposes in line with TC's privacy policy. You can view the most current version of the privacy policy at any time by visiting www.TalentsChannel.com, and click on "Terms & Conditions". Please review these privacy policies from time to time so you will be apprised of any changes.

The Products and Services enable users to bring together and contact other users. In no event shall TC participate in any communication among the user with other users. You are solely responsible for your interactions with other TC members. TC reserves the right, but has no obligation, to monitor disputes between you and other Members. If the user enters into agreements with other users via the Products and Services, TC shall not be a contracting party to these agreements, and in no event shall TC be responsible for the execution and/or fulfilment of contracts between the user and any other user. TC does not warrant nor represent that the user may successfully establish the contact to any other user regarding any agreements made via the Products and Services. Further, TC shall not be liable to any user for a breach of duties under agreements between users.

Acceptance

By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions, together with any other posted guidelines or rules applicable to any specific Product or Service.

Challenges

(a) Sponsors using the Products and Services may ask you for certain personal information when you register for a Challenge. If you choose not to enter the information required by a Sponsor in its Challenge rules, then you may not be eligible to participate in that Challenge. Please see each Sponsor's Challenge rules for entry requirements and other important details.

(b) If you register for a Challenge being run using the Products and Services, both the Sponsor running the Challenge and TC will be able to view the personal data you provided. (Sponsors may provide your personal information to parties assisting with its Challenge (e.g., providers of prizes); so please review each Sponsor's Challenge rules and privacy policy for details). However, TC is not responsible for such Sponsor's use of that personal data, nor any claims or damages that may arise from any such Sponsor's distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that TC shall not be liable or responsible for any use of your personal data by any Sponsor running any Challenge or any other third party. Please see each Sponsor's Challenge rules and privacy policy for details on how that Sponsor handles your personal information.

(c) Each Sponsor running a Challenge using the Products and Services is responsible for providing its own Challenge rules, terms, and conditions, and ensuring such Challenge complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Challenge is provided on the Challenge landing page. You will be required to agree to these rules and terms and conditions before you can enter each Challenge. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that TC shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Challenge. Complaints about Challenges need to be addressed to the Challenge Sponsor(s). TC reserves the right not to respond to any correspondence related to complaints about Challenges.

(d) Challenge participants may be asked for their passport or ID to verify name, gender, age and location or any other Challenge participation criteria. TC or the Challenge Sponsor may disqualify Challenge participants in any stage of the Challenge, to the sole discretion of TC or the Sponsor, if false information is provided, if the Challenge criteria are not met, or if you are under 13 years of age. Each Challenge participant may only participate once in each Challenge. A Challenge participant may be disqualified if they use more than one TC account, to the sole discretion of TC or Sponsors.

(e) Challenge participation sign-up is only accepted between the dates mentioned on the Challenge landing page. Any registrations that arrive before or after that period will not be taken into consideration or even assessed. Each Challenge participant must upload Content in the formats and sizes required for the Challenge.

(f) Challenge participants carry all their costs related to the Challenge participation, for creating content, travel, or any other costs to participate in the Challenge or to collect a prize if applicable. Under no circumstances TC or Sponsors will refund any costs incurred.

(g) TC and the Challenge Sponsor(s) cannot accept responsibility for any lost, damaged or incomplete Challenge participation or related Content, data or information.

(h) The decisions of the jury or juries are final. You acknowledge that you are aware of the normal risk inherent to every prize competition and declare that you accept without reservation the judgment of the Internet public and other juries if applicable for the selection of the Challenge winners. Both TC and Sponsors reserve the right not to respond to any correspondence related to the jury decisions. The winners selected by the jury or juries will be informed by email within one working day from the announcement of the same which will be published on the Challenge landing page. If a winner cannot be traced or fails to reply within three working days after the email message, or if the message is bounced or is undeliverable, the winner is disqualified and looses all rights in relation to the Challenge and prizes if applicable. TC and Sponsors reserve the right to select the next classified Challenge participant as winner.

(i) TC and Sponsors reserve the right to suspend, cancel or change a Challenge or change prizes at any time and for any reason, without notice. Challenge prizes are non-transferable. Prizes in cash or other alternative prizes are not available.

Registration Obligations

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you as a user agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TC has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof). The user is entitled to register with TC only once, and the user may only establish one user profile. It is impossible for TC to determine with certainty whether any user registered with TC is in fact the person, which such user represents to be. TC does not warrant nor represent the correctness of any user's represented identity, and each user is solely responsible to check the correctness of the identity of any other user.

Pricing and Payment

TC reserves the right to modify the Products and Services pricing from time to time, for any reason, and without notice. Pricing will only effect new transactions. Details of the applicable fees can be found on the TC web pages. The listed fees are binding. Payments shall be due and owing immediately by the user before being allowed to use the relevant Products and Services. The user may effect payment by the payment systems offered by TC only. If payments are not received by TC in time or if TC cannot collect any fees due and payable from an account designated by the user due to lack of coverage of said account, the user shall bear all costs arising there from, including without limitation bank charges related to any debit entries and/or similar charges, plus interest. TC is entitled to cancel your subscription and/or block your account if payments are not received in time or not received at all. User payments are not refundable. In all cases where user's payments are refundable enforced by law, TC charges user administration costs with a minimum of 200 euro excluding VAT per account, plus money transfer costs, plus transaction costs, plus money exchange costs. TC is entitled to deliver invoices to the user by e-mail only. VAT is charged according to the Dutch tax laws. Whether or not to charge VAT depends on whether the Products and Services are charged to natural persons or to (registered) companies, and whether they are based in The Netherlands, elsewhere in the European Union, or outside the European Union. Companies in the European Union have to give their VAT registration number. Local VAT payment, if applicable, by the company stated by the user, remains the responsibility of the user until the stated company has fulfilled it's obligations. If the stated company does not fulfil it's VAT obligations, the VAT will be charged to the user, and the user shall bear all costs arising there from, including without limitation bank charges and/or other charges, plus a minimum of 200 euro for TC to cover administration costs.

Responsibility for Children

We encourage parents to take an active interest in their children's use of the Internet. TC is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on TC.Minors may only use the Products and Services when they are authorised by one of their parents, or by another adult that holds legal responsibility for them. By registering as a member minors confirm that they have obtained this authorisation. Adults that authorized a minor to use the Products and Services, are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; (iii) the consequences of any misuse by the minor; and (iv) the fulfilment of minor's obligations under the agreement.

Responsibility for Password and Username and/or Social Network Account

Upon registering, you may receive a password and username. Your username is the e-mail address you provide, as part of your registration data. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify TC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TC cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. As an alternative to registering using an email/password combination, you may register using your social network account (i.e. Facebook, Twitter, Hyves, OpenID). You are responsible for maintaining the confidentiality of your social network account, and are fully responsible for all activities that occur via your social network account on TC. You agree to (a) immediately notify TC of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TC cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

Responsibility for Content

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TC, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. TC does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You can use our spam/abuse reporting facility to let us know of Content that you find objectionable. TC may investigate the complaints and violations of our policies that come to our attention and may take any action that TC believes is appropriate, including, but not limited to issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, TC also reserves the right not to take any action. Under no circumstances will TC be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. TC does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although TC reserves the right to do so. By posting any Content to TC, you hereby grant to TC and it's Sponsors the non-exclusive, royalty-free, perpetual, irrevocable worldwide license to use, publicly perform and display such Content also, should the occasion arise, within the scope of advertising, commercial or any communication activity. Furthermore, you agree that TC retains the right to reformat, excerpt, or translate any Content submitted by you. You understand and agree that TC may disclose Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms and Conditions, or protect the rights, property, or safety of TC, its users, and the public.

Limitations

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

You may NOT use the Products and Services to:

1. (a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. (b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 13 years of age, or that discloses personally identifying information belonging to children under 13 years of age;
3. (c) Harm minors in any way;
4. (d) Associate TC and any Products and Services with any illegal material of any sort. This includes any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain unethical material, racism, hatred, profanity, or any material that may be insulting to another person(s) or entity;
5. (e) Impersonate any person or entity, including, but not limited to, a TC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, past or present;
6. (f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
7. (g) Use the Products and Services to (i) redirect to another web page or (ii) store or host content for remote loading by other web pages;s
8. (h) Use the Products and Services to hyperlink to content not permitted on the TC network;
9. (i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
10. (j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
11. (k) Disobey any TC employee or representative or interfere with any action by any TC employee or representative to redress any violation of these Terms and Conditions;
12. (l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any TC database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, web-based, or otherwise;
13. (m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;
14. (n) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
15. (o) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. i. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. ii. Making available serial numbers for software that can be used to illegally validate or register software.
    3. iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. iv. Making available any software files for which the user does not own the copyright or have the legal right to make available;
16. (p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. In order to protect our Members from such advertising or solicitation, TC reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which TC deems appropriate in its sole discretion.
17. (q) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of TC or the party from whom such software may be licensed.
18. (r) Upload, post or otherwise transmit or provide links to any material 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;
19. (s) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
20. (t) Intentionally or unintentionally violate or conspire to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
21. (u) "Stalk" or otherwise harass another;
22. (v) Collect or store personal data about other users, including, but not limited to, information about another user's experience, skills, number or identity of contacts. This also includes collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website.
23. (w) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
24. (x) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
25. (y) Distribute or display to others Content in general and data of other users in particular.
26. (z) Any automated use of the Products and Services, such as using scripts, is prohibited.
27. (aa) Post Content in fields that aren't intended for that Content.
28. (ab) Access content or data not intended for you, or log onto a server or account that you are not authorized to access.
29. (ac) Attempt to probe, scan or test the vulnerability of the Product and Services or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the TC website(s) is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website.

Account Termination

Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that TC may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, anytime, especially should you fail to comply with the Terms and Conditions or any other guidelines and rules published by TC. Any such termination shall be in TC's sole discretion and may occur without any notice. TC further reserves the right to terminate any user's account or access to the Products and Services for any conduct that TC, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to TC or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. TC further reserves the right to terminate any user's account if there is no evident activity. All mailings sent to you by TC are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in TC. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with TC. If you report any of these mailings or service notification emails, as Unsolicited Commercial Email, or SPAM, TC reserves the right to terminate your TC account.

Cookies

Use of the Products and Services requires that you accept all cookies in order to activate special web features and security mechanisms, and to enhance web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing TC cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize TC's use of cookies.

Limitation of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. TC SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. TC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. TC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. TC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TC OR THROUGH OR FROM THE TC PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT TC MAKES NO REPRESENTATIONS THAT CHALLENGES WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. TC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY CHALLENGES ORGANISED BY OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION.YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, TC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not all apply to you insofar as they relate to implied warranties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. USE OF THE PRODUCTS AND SERVICES INCLUDES, BUT IS NOT LIMITED TO, USING CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY OR DEATH (EVEN IF TC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE PRODUCTS AND SERVICES OR TO TC. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID TC MEMBERS, TC'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL TC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. UNDER NO CIRCUMSTANCES WILL TC BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL OR OTHER ACCOUNTS, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not all apply to you.

Indemnification

By using the Products and Services you agree to indemnify TC and its officers, employees, agents, licensors, affiliates, subsidiaries and other partners, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release TC and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you or third parties may have against them arising out of or in any way related to such disputes and/or to the Products and Services.

By using the Products and Services you agree to indemnify and hold TC, its associates and respective partners and Sponsors harmless from and against any liability, loss, damage, rights, claims or other reasons for legal action of any type whatsoever, deriving (in whole or in part), directly or indirectly, from the acceptance, possession or use, whether lawful or otherwise, of any prize received in relation to a Challenge.

Events

By participating in any online or offline TC event, you agree to release and hold TC harmless from any and all losses, damages, rights, claims and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such TC event.

TC Copyrights and Trademarks

TC, the TC logo's and the Products and Services are trademark and copyright protected ©2008 (onwards) Talents Media BV, under international law. All rights reserved.

Your Copyrights

If you believe that your work has been copied and posted on the Products and Services in a way that constitutes copyright infringement, please provide TC, through the TC spam/abuse reporting facility, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the TC website; your address, telephone number, and email address; 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; 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.

Chamber of Commerce Registration>

Talents Media B.V. is registered at the Chamber of Commerce in Hilversum, The Netherlands. Registration date: 14 December 2005, registration code: 32111765.

Governing Law

By using the Products and Services you agree that the use of TC, and this agreement, shall be governed by and in accordance with Dutch law and that disputes arising in connection with TC shall be resolved exclusively by the competent courts in The Netherlands. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than The Netherlands.

Territorial Restrictions

The use of the Products and Services is not allowed in jurisdictions, countries and states where all or part of these Terms and Conditions are not permitted according to the local laws, rules or regulations. It is your responsibility to review these Terms and Conditions during the registration process with TC, and to only accept the Terms and Conditions when they are permitted according to the local laws, rules or regulations.

Usage of TC Servers

TC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

TC Network Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

CPU Usage

TC Members shall not use excessive amounts of CPU processing on any of TC's servers. Any violation of this policy may result in corrective action by TC, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, account termination, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in TC's sole and absolute discretion. If TC takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth and Disk Usage

TC Members shall not use excessive amounts of bandwidth or disk space on any of TC's servers. TC reserves the right to monitor each Member's bandwidth and disk usage. TC shall have the right to take corrective action if any Member's bandwidth or disk usage is excessive. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, account termination or termination of this Agreement, which actions may be taken in TC's sole and absolute discretion. If TC takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.

"Crawlers" and "Spiders"

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the TC website(s) is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of the TC website(s).

Links to the TC Website(s)

Links to TC website(s), including the use of the TC logo for this specific purpose, may in principle be used on all sites, whether or not these are of a commercial nature. However, the contents of the site linking to TC may not be offensive, discriminating and/or in breach of the law, this at TC's sole and absolute discretion. The TC logo must be at least 1 cm x 5 cm (on a normal computer screen with normal resolution), clickable, and clicking the logo must link to www.TalentsChannel.com.

Communication between Parties

Communication between parties shall be done by e-mail as much as possible. The user is obliged to keep the e-mail address provided to TC accurate at all times. TC has at all times the right to assume that the e-mail that TC sends to the provided e-mail address will be received and read by the user.

Privacy Policy

Your privacy is important to us. In this Privacy Policy, TalentsChannel (referred to as "TC") would like to inform you about how TC treats your Personal Data. This Privacy Policy supplements the TC "Terms & Conditions" as published by TC on the website.

Personal Data Protection Principles

TC adheres to the following principles in the protection of your Personal Data:

• TC shall collect, process and use your Personal Data in accordance with the applicable privacy laws.
• TC does not pass your Personal Data on to any third party, neither for advertising, marketing, nor for any other purposes, without your approval. By entering a challenge or talent hunt, you automatically agree to make your personal data available to the sponsors of that specific challenge or talent hunt.
• With the exception of some general information about you, you have control over what Personal Data you enter, and who has access to your Personal Data. TC applies standard Privacy and Preferences settings when you register. You are responsible to change these Privacy and Preferences settings to satisfy your Personal Data protection needs. You shall not post Content in fields that aren't intended for that Content. You shall not use the TC Products and Services, and you are personally responsible to immediately block or delete your TC account, if the TC Personal Data protection does not satisfy your needs.

The TRUSTe security guidelines have been used where appropriate for and achievable by TC for taking care of your Personal Data. Please refer to http://www.truste.org to find more information about these guidelines.

Personal Data Protection Principles

Notice of all changes that materially affect ways in which your Personal Data may be used or shared will be posted in updates to our Privacy Policy. If you continue to use the TC Products and Services after notice of changes have been sent to you or published on our site, you hereby provide your consent to the changed practices.

About TalentsChannel

TC's Products and Services allow you to set up a unique personal profile. TC members can view each others' profiles, communicate and meet new people through the Product and Services, share photos, post journals and comments, and describe their interests. To enrich our members' experience, TC requests and displays some personal information to other members and visitors, which allows our users to identify each other and expand their people network. TC members can change their profile information at any time to control their privacy.

Information Collection and Use by TalentsChannel

TC collects user submitted information such as name, email address, country, state/province, city/town and date of birth to authenticate users and to send notifications to those users relating to the TC Products and Services. TC may also collect other profile data including but not limited to: personal interests, gender, experience, address, zip code, telephone area code and company information in order to assist users in finding and communicating with each other.

TC also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website Products and Services. This non-personally-identifiable information may be shared with third parties to provide more relevant Products and Services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.

User profile information including members' pictures and names are displayed to people in order to facilitate user interaction in the TC social networking community. Email addresses are used for the purposes of inviting new people to join TC, to send notifications related to the Products and Services(including for example, about other Challenges available through the Products and Services), and to send advertisements. Users communicate on TC with each other through the TC Products and Services, without disclosing their email addresses. Users' full names are directly revealed to other members, this can however be changed in the Privacy and Preferences settings. To facilitate searching and finding friends and acquaintances on the Products and Services, TC allows users to search for other members using first, middle and last name, email address, country, state/province, city/town, and on keywords that may be entered in any field in the user profile information. TC may also use a user's email address to send updates, a newsletter or news regarding the TC Products and Services.

TalentsChannel is integrated with social networks. You will be agreeing to that social network's policy governing communications with application users for every social network connection you create to your TC account. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about TC's products or services, including for example, about other Challenges available through the Products and Services.

From time to time, TC or a partner, may sponsor a promotion, sweepstake or contest on TC. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. TC may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

Company Data

Users may enter Company Data like company name, company logo, company contacts details, a description of products and services. The user, and not TC, is entirely responsible for all Content including Company Data that the user uploads, posts, emails or otherwise transmits via the Products and Services. TC does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You can use our spam/abuse reporting facility to let TC know of Content that you find objectionable. TC may investigate the complaints and violations of our policies that come to our attention and may take any action that TC believes is appropriate, including, but not limited to issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, TC also reserves the right not to take any action. Under no circumstances will TC be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. TC does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although TC reserves the right to do so.

Invitations and Other Communications to Non-members

TC members can invite their contacts to register as a TC member by sending invitations via our Products and Services. TC stores the contact information that members provide to send reminders of the invitations and messages promoting TC. TC does not sell this contact information or use it to send any other communication besides invitations, invitation reminders and TC promotion.

Use of Cookies

TC 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. TC does not link the information TC stores 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 TC in order to use most functions on the site. Please note that TC 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, not the TC Privacy Policy.

Links

TC contains links to other sites. TC is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on TC.

Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums.

Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that such information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

Third Party Advertising

Ads appearing on the TC Web site may be delivered to users by TC or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by TC and does not cover the use of cookies by any advertisers.

Sharing and Disclosure of Information TC Collects

Except as otherwise described in this privacy statement, TC will not disclose personal information without your approval to any third party unless TC believes that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by TC, whether or not a response is required by applicable law; (2) to enforce the TC Terms & Conditions or to protect our rights; or (3) to protect the safety of members of the public and users of the Products and Services. TC reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of TC or substantially all of its assets to that successor in interest.

Security

TC member accounts are secured by passwords, either direct or indirect via social network accounts. TC takes precautions to insure that member account information is kept private. TC uses reasonable measures to protect member information that is stored within the TC database, and TC restricts access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that TC cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.