Date of Inception: July 1, 2011
TalentSplash, a product and trademark of Jooba LLC (jointly referred to herein as “TalentSplash”), adheres to a strict set of rules and regulations.
1. Your Acceptance
(i) By using or visiting the TalentSplash website or any TalentSplash products, software, data feeds, and services provided to you on, from, or through the TalentSplash website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) TalentSplash's Privacy Notice, found at ADD LINK and incorporated herein by reference, and (3) TalentSplash Safety Policy, found at ADD LINK and also incorporated herein by reference. If you do not agree to any of these terms, the TalentSplash Privacy Notice, or the Safety Policy, please do not use the Service.
(ii) Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version ADD LINK. TalentSplash may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. All Users
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of iGotShtick, including but not limited to all products, software and services offered via the TalentSplash website, such as the iGotShtickchannels, the TalentSplash "Embeddable Player," the TalentSplash "Uploader" and other applications.
The Service may contain links to third party websites that are not owned or controlled by TalentSplash.TalentSplash has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TalentSplash will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve TalentSplash from any and all liability arising from your use of any third-party website.
TalentSplash does not support any copyright infringement and when notified of a potential issue, will work with you in a timely manner to determine if the content needs to be removed. If so, will promptly remove or disable access to the content. TalentSplash is committed to protecting the intellectual property of all third parties.
Please see our Copyright policy for more information.
The safety of our users is critical to our site. While the vast majority of our users are trustworthy and honest, we must still take caution when meeting new people on this site and in person.
You must take all necessary precautions in all interactions with other users of this service, especially if you make the decision to meet offline or in person. You are also required to review our safety tips below before using this site. We also make no guarantee, express or implied, regarding the relationships and compatibility with users you will meet from this site. We urge you to please safeguard all financial information and do not give out Bank Account information to other users on this site.
Several safety guidelines that we enforce are as follows:
- You do not have permission to send or post unauthorized commercial content, such as spam on TalentSplash.
- You do not have permission to collect other users' data, content or information and use bots, robots, spiders, or scrapers without permission from TalentSplash.
- You do not have permission to upload viruses or other malicious code.
- You do not have permission to solicit login information or access another users account.
- You do not have permission to will not bully, intimidate, or harass another user.
- You do not have permission to upload or post content that is derogatory, threatening, or pornographic, promotes violence or contains nudity or graphic.
- You do not have permission to engage in unlawful, illegal, misleading, malicious, or discriminatory activities.
- You do not have permission to do anything that can potentially disable, overburden, or impair the proper working of TalentSplash, such as a denial of service attack.
- You do not have permission to promote any violations of this safety policy.
Several safety tips we suggest are as follows:
- Insist on meeting in a public place for the first time
- Notify a friend or family member where you are going
- Think about having a friend accompany you
- Always take your cell phone with you
- Never meet in an isolated place or invite strangers into your home
- Follow your gut
Plead see our complete Safety policy for more information
6. Account Termination Policy
If a user violates the terms of service, is a repeat infringer, uploads pornography, obscenity, excessive length, TalentSplash reserves the right to terminate a user's access to the site. We also reserve the right to remove such Content
7. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TalentSplash’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Jonathan M. Robbin, Esq.
575 Lexington Avenue New York NY 10022
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, TalentSplash may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, atTalentSplash 's sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IGOTSHTICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, INCLUDING ITS PARENT COMPANY JOOBA LLC, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. IGOTSHTICK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. IGOTSHTICK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IGOTSHTICK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL IGOTSHTICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, INCLUDING ITS PARENT COMPANY, JOOBA LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IGOTSHTICK AND ITS PARENT COMPANY JOOBA LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by TalentSplash from its facilities in the United States of America. TalentSplash makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TalentSplash, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10. Ability to Accept Terms of Service
You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TalentSplash without restriction.
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over TalentSplash, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and TalentSplash or its parent company Jooba LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Service, together with the Privacy Notice at [need to add link]and any other legal notices published by TalentSplash on the Service, shall constitute the entire agreement between you and TalentSplash concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TalentSplash 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TalentSplash reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TalentSplashAGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: July 1, 2011