Talentsky Terms of Service
Effective May 1, 2017
These Terms of Service (the "Terms") are an agreement between you and Talentsky Inc. and its affiliates ("Talentsky," "we," "us," or "our"). These Terms apply to the talentsky.com website (the "Website"), and the "Talentsky" applications, Software, Licensed Content, other content and services made available to you (the "Services"), and apply whether you are a registered user, or accessing the Services as an unregistered user.
By accessing our Websites, or when you register for, access or continue using our Services, you agree to these Terms. If you are using our Services on behalf of your employer or another organization, you agree to these terms on behalf of that entity. If you cannot or do not agree to these Terms, do not use our Services.
We may revise these Terms from time to time, and will always post the most current version on the Website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Please be aware that certain features, plugins, content, or other parts of our Services may be provided by third parties, not Talentsky. Your use of these features, plugins, content or services provided by third parties — including third-party links to other websites on the Internet — are not governed by these Terms. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties.
Talentsky allows you to enhance and present your skills and achieve your career goals. Talentsky will use your skills, moments, colleagues, and followers to evaluate your skills, fit, and job patterns and trends, and to suggest skills to advance your career and personal growth. In doing so, we will never consider race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, military status, or other non-skills related factors.
LIMITED LICENSE TO USE THE SERVICES
You are granted the right to use the Services only for your personal use, unless specified in a separate agreement with us (e.g. an enterprise license agreement). To the extent any software and/or content (including, without limitation, content of other users) is provided as part of the Services (the "Software and Licensed Content"), such Software and Licensed Content is subject to these Terms, and is licensed, not sold. Talentsky grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use: (a) the Software solely to access the Services; and (b) the Licensed Content solely in conjunction with the Services. The Services may automatically update the Software and Licensed Content on your Device when a new version becomes available. Except for the limited rights expressly granted hereunder, Talentsky and our licensors reserve all right, title and interest in and to the Services, Software and Licensed Content, including all associated intellectual property rights.
USE OF THE SERVICES
In order use the Services, you must be 18 years of age and fully competent to understand and agree to these Terms. Users older than 13 and under 18 may use the Services only if permitted under the laws of the country in which you reside, and with the express consent of a parent or legal guardian. You may not use the Services if you are under the age of 13. You may only register for one account. If we terminate your access to the Services due to a violation of these Terms or the Law, you may not re-register for the Services without our prior express written consent.
No right is granted, and you may not, without Talentsky's prior written consent:
- (i) download, modify, reproduce, or resell any of the Services, Software or Licensed Content;
- (ii) use any bot, spider, data miner, or other means to access, scrape, extract and/or gather data from the Services, including without limitation, user information, skills data, or any other User Content (as defined below);
- (iii) frame or mirror any portion of the Services;
- (iv) reverse engineer or decompile any software associated with the Services or assist anyone in doing so (unless such restrictions are prohibited by law);
- (v) access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
- (vi) access the Services through interfaces not provided by Talentsky; or
- (vii) interfere with the operation of the Services.
Further, you warrant and covenant that:
- (i) all information you provide will be accurate and not misleading, including, without limitation, information regarding your skills, education, affiliations, employers, and job titles;
- (ii) you will not create multiple accounts or accounts under other names or identities;
- (iii) you will not post inaccurate, harmful, hateful, obscene, discriminatory, libelous, unlawful, or otherwise objectionable comments, feedback or content;
- (iv) you will not post any spam or other solicitations (including, without limitation, job postings, career opportunities, or links to such solicitations);
- (v) you will not post anything that contains harmful code, including without limitation, viruses or worms;
- (vi) you will not download, store, share, disclose, or distribute any content from the Services or other users without our express written permission;
- (vii) you will not engage in any activity designed to interfere with use of the Services by other users;
- (viii) you will not use the Services (including, without limitation, the messaging components of the Services) to harass other users or send spam or other unwelcome communication to other users;
- (ix) you will not use the Services to violate or encourage the violation of any local, state, national, or international law or regulation;
- (x) you will not, without our consent or the consent of the data subject, collect or store personal data about other users of our Services or solicit personal information from any individual;
- (xi) you will not frame, mirror, or otherwise redisplay the content of the Services, or obscure any trademarks visible in normal use of the Services;
- (xii) you will not infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships; and
Talentsky reserves the right to remove any content posted in breach of these warranties. Further, Talentsky reserves the right to suspend, deactivate, terminate or otherwise take any reasonable action against users who violate these warranties or other provisions of these Terms.
ACCOUNTS AND ADDITIONAL AGREEMENTS
All Accounts: Use of the Services require that you register for a Talentsky user account. If you register an account, you agree that you are responsible for maintaining the confidentiality of your user name and password, and for creating a reasonably secure password. YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT TAKE PLACE UNDER YOUR ACCOUNT OR PASSWORD. You represent and warrant that you will, when registering your account or making purchases, provide accurate, up to date account information (such as your real name, valid email address, and if applicable accurate, non-fraudulent payment information) and will promptly update your account information if it changes.
Enterprise Accounts: If you are accessing the Services through an account linked to, created, or maintained by your employer or enterprise, your enterprise may have access to your User Content and the enterprise-related features of your account, including the ability to terminate such features, or your access to or use of them. We are not responsible for actions of your employer or enterprise with respect to your account in such cases. If you are an enterprise user you must, and you warrant that you will, comply with your enterprise's policies related to use of the Services, including, without limitation, applicable user account, social media and confidentiality policies. Terms relating to payment, refunds, and other important matters are part of your enterprise agreement. These Terms are incorporated into any enterprise agreement to which you are bound, and the terms of that enterprise agreement prevail in the event of conflict with these Terms.
YOUR USER CONTENT
Use of your User Content: Use of the Services will involve uploading and storing moments, videos, logos and other content by you ("User Content"). You retain full ownership to your User Content. You grant Talentsky a worldwide, perpetual, fully-paid, royalty-free, irrevocable license, to use, modify, store, host, reproduce, transmit, distribute, publish, and display your User Content in conjunction with the Services, and to have the following undertaken by third parties on our behalf (such as, providers of hosting services). You agree that we will need no additional consent from you to use your User Content in accordance with these Terms. If we would like to use your User Content in new ways, or if your consent is required by law, we will obtain the appropriate consent from you.
Feedback: Any feedback, improvements, comments, or suggestions you may provide regarding Talentsky, the skills library, Services, Software and/or Licensed Content ("Feedback") is entirely voluntary, and you grant Talentsky a perpetual, irrevocable, fully-paid, royalty-free worldwide license, including the right to sublicense, use, reproduce, display, perform, modify, store, publish, transmit, and distribute such Feedback without any compensation to you or others.
Responsibilities: You are solely responsible for your User Content while using the Services. It is your responsibility to ensure that you have all rights and permissions with respect to your User Content, and to avoid infringement or violation of any rights of others, including without limitation, your enterprise's or employer's confidentiality or social media policies. You acknowledge that we have no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety, or legality of your User Content or any other information or content you may be able to access using the Services. You agree to indemnify and hold Talentsky, its affiliates, licensors and agents harmless from all claims based on your User Content, your access and use of content of others and/or your use of the Services.
We are not obligated to publish any of your User Content, messages, or other content, and can remove it from the Services in our sole discretion, with or without notice to you, if found to be in violation of these Terms, or if we believe we are legally required to do so.
YOUR ACCESS TO THE SERVICES OR CONTENT OF OTHERS
You may have access to information and content of others. You may not copy, upload, download, or share any information or content using the Services unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download, or otherwise use while using the Services.
We do not review or curate the content posted by other users. As such, you may be served inaccurate, offensive, illegal, hateful, or misleading content or information. You agree that Talentsky is not responsible for such content or information or your use of such content or information.
MODIFICATIONS, INTERRUPTION, AND TERMINATION
The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause and without liability to you. Such reasons may include, without limitation, for example, our inability to provide a feature or component of the Services due to changes in technology or license rights, or our determination that certain portions of the Service are not commercially feasible to maintain.
You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
You can stop using our Services any time. We reserve the right, in our sole discretion, to limit, suspend, or revoke your account, with or without notice, and with or without cause. Reasons for such action may include, without limitation, violation of these Terms, failure to use the Services for three (3) consecutive years, or our determination that you may damage our business or reputation. You acknowledge that if your access to the Service is suspended or revoked, you may no longer have access to your User Content, and that if your account is revoked, we may delete all content and files associated with your account unless we are legally required to maintain it. Under the terms of our license to your User Content (above) we reserve the right to retain your User Content for so long as we deem necessary, and indefinitely, to the extent such content is copied or reposted by other users.
INTELLECTUAL PROPERTY RIGHTS
All content, skills, materials, layout, organization, design, graphics, logos, service marks, trademarks, and trade dress on the Website and/or provided as part of the Services, are protected by the intellectual property rights of Talentsky and its licensors (including, without limitation, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws), and may not be used without prior written consent of the owner. All rights are reserved.
The Services may contain links to websites or resources of others, including, without limitation, educational or training content. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services or anything else. You are solely responsible for your use of any such websites or resources. If we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply with respect to the code to which those provisions apply.
We may use some descriptions that contain skills names and other descriptors that have been trademarked by third parties. Our use of such trademarks are solely for the purpose of accurately identifying the applicable skill, training or other descriptor; we are not associated with such trademark owners, and no endorsement by the trademark owners is implied by use of such trademarks and trade names.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
WE DO NOT WARRANT THE AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL EFFECTS, AND MAKE NO REPRESENTATION REGARDING CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR CURRENCY OF ANY THE FOREGOING. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER, DEVICES OR OTHER EQUIPMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST DATA, INCOME, REVENUE OR PROFITS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES.
If you are a resident of California, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES' TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any material on the Website or the Services infringes your copyright, please notify us (contact information below) requesting that the infringing material be removed. The notice must contain the following information:
- (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
- (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (iii) identification of the allegedly infringing material and its location on the Services;
- (iv) information reasonably sufficient to permit us to contact the complaining party, including, if available, an email address;
- (v) 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
- (vi) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Upon receiving such a notice, we will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512). Notices for should be sent to:
Attention: Legal Department
203 Redwood Shores Parkway
Redwood City, CA 94065
MISCELLANEOUS LEGAL TERMS
These Terms constitute the entire and exclusive agreement between you and Talentsky with respect to the Services, and supersede and replace any other agreements, terms, and conditions applicable to the Services. You agree not import, export, re-export, transfer or otherwise use the Services in violation of export control laws and regulations. By using the Services, you represent and warrant that you are not located in any country on the U.S. embargoed countries list. These Terms create no third party beneficiary rights. Failure by Talentsky to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted to reflect our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. Talentsky may, without notice to you, assign its rights and obligations to any of its affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
CHANGES TO THIS POLICY
We may revise these Terms from time to time. The most current version of the Terms governs our use of the Services. If we make a change to these Terms that, in our sole discretion, is material, we will notify you via a notice posted to your Talentsky account or an email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.
Except as otherwise set forth in these Terms, you should direct any legal notice in connection with the Talentsky Network to:
Attention: Legal Department
203 Redwood Shores Parkway
Redwood City, CA 94065