TERMS OF USE

Please read the following Terms and Conditions carefully
Talent & Skills, Inc. requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by Talent & Skills, Inc. adhere to the following Terms of Use. By accessing and using the Talent & Skills, Inc. Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use Talent & Skills, Inc. website. Talent & Skills may change, suspend or discontinue any aspect of the Talent & Skills, Inc. website at any time, including the availability of any feature, database or content. Talent & Skills, Inc. may also impose limits on certain features and services and/or restrict your access to parts or all of the Talent & Skills, Inc. Site without notice or liability of any kind. The terms and conditions of a Talent & Skills, LC Talent's service agreement for any portion of the Talent & Skills, Inc. will control in the event of any provisions that may conflict with these Terms of Use.  
Restrictions on Use
All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Talent & Skills, Inc. website (the "Contents") are copyrighted and owned or controlled by Talent & Skills, Inc., except for information(Headshots/composites/pictures, videos, audio files, and information on talent resume) provided by talent on their profile. Any unauthorized use of the Contents on the Talent & Skills, website may violate copyright, trademark and other laws and intellectual property rights of Talent & Skills, Inc. or third parties. Contents from the Talent & Skills, Inc. Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Talent & Skills, Inc., except that you may download one copy of the Contents on one computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein. The Contents on the Talent & Skills, Inc. Site are provided for lawful purposes only.
Restriction of Liability
TALENT & SKILLS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. TALENT & SKILLS, INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF TALENT & SKILLS, INC. OR AN AUTHORIZED TALENT & SKILLS, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TALENT & SKILLS, INC.'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Talent & Skills, Inc. through the Talent & Skills, INC. Web Site (together, the "Submission") will become upon communication and will forever be the property of Talent & Skills, Inc. Talent & Skills, INC. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Talent & Skills, Inc. operations or Contents. Without limitation, Talent & Skills, Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Talent & Skills, Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold Talent & Skills, Inc. harmless for any liability arising due to the use or distribution of those materials. You further grant Talent & Skills, Inc. the right to use your name in connection with the reproduction or distribution of such material.         

Personally identifiable information that may be received at the Talent & Skills, Inc. Site is provided voluntarily by a visitor to the Talent & Skills, Inc. Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Talent & Skills, Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, Talent & Skills, Inc. reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

Fees and Freebies
Talent & Skills, Inc. will never charge a Fee for Talent to be a basic/premier member on its site. We will also provide Free career advice to premier members. However, we are not responsible for your decisions; especially your financial decisions. From time to time, we will book you on gigs. We take no commission fees. We are not an agency or employment center; therefore we can not negotiate your pay rate, unless it is a project being funded by Talent & Skills itself. We can not act as your agent or talent manager. Talent & Skills reserves the right to charge industry professionals a finders fee for booking talent.


Password
When you sign up to become a Talent/Industry Professional, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Talent/Industry Professional at any time or to disclose your password to any third party. You agree to notify Talent & Skills, Inc. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Member Disputes
You are solely responsible for your interactions with other Talent & Skills, Inc. Users, third party developers or any other parties with whom you interact through the Talent & Skills, Inc. Services and/or Linked Services. Talent & Skills, Inc. reserves the right, but has no obligation, to become involved in any way with these disputes.
Disclaimers 
Talent & Skills, Inc. is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Talent & Skills, Inc. Services or Linked Services, by Users of the Talent & Skills, Inc. Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Talent & Skills, Inc. In addition, Talent & Skills, Inc. is not responsible for any damage, injury or loss caused by Users of the Talent & Skills, Inc. Services or by any of the equipment or programming associated with or utilized in the Talent & Skills, Inc. Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the Talent & Skills, Inc. Services may contain links to other websites or services. Talent & Skills, Inc. is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Talent & Skills, Inc. Inclusion of any linked website or service on the Talent & Skills, Inc. Services does not imply approval or endorsement of the linked website or service by Talent & Skills, Inc. When you access these third party sites and services, you do so at your own risk. Talent & Skills, Inc. takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Talent & Skills, Inc. Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Talent & Skills, Inc. is not responsible for the conduct, whether online or offline, of any User of the Talent & Skills, Inc. Services or Linked Services. Talent & Skills, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Talent & Skills, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Talent & Skills, Inc. Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Talent & Skills, Inc. Services or Linked Services. Under no circumstances shall Talent & Skills, Inc. be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Talent & Skills, Inc. Services or Linked Services, attendance at a Talent & Skills, Inc. event, from any User Content posted on or through the Talent & Skills, Inc. Services or Linked Services, or from the conduct of any Users of the Talent & Skills, Inc. Services, whether online or offline. The Talent & Skills, Inc. Services and Linked Services are provided "AS-IS" and as available and Talent & Skills, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Talent & Skills, Inc. cannot guarantee and does not promise any specific results from use of the Talent & Skills, Inc. Services or Linked Services.
Limitation on Liability
IN NO EVENT SHALL TALENT & SKILLS, INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TALENT & SKILLS, INC SERVICES OR LINKED SERVICES, EVEN IF TALENT & SKILLS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TALENT & SKILLS, INC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TALENT & SKILLS, INC FOR THE TALENT & SKILLS, INC SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls 
Software available in connection with the Talent & Skills, Inc. Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Talent & Skills, Inc. Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes 
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Talent & Skills, Inc. agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Talent & Skills, Inc. Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity
You agree to indemnify and hold Talent & Skills, Inc, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Talent & Skills, Inc. Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Talent & Skills, Inc. Services.
Jurisdiction
Except as otherwise described, all Contents on the Talent & Skills, Inc. Site are made available only to provide information about Talent & Skills, Inc. and its services. Talent & Skills, Inc. controls and operates the "Talent & Skills, Inc. site and makes no representation that the Contents on such Talent & Skills, Inc. Site are appropriate or available for use in other locations. Other Talent & Skills, Inc. Sites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the Talent & Skills, Inc. Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.
Disclaimer
The Contents on the Talent & Skills, Inc. Site could include technical inaccuracies or typographical errors. Also, Talent & Skills, Inc. may make changes or improvements to the Talent & Skills, Inc. Site at any time. THE CONTENTS ON THE TALENT & SKILLS, INC. SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. TALENT & SKILLS, INC. DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TALENT & SKILLS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TALENT & SKILLS, INC. SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALENT & SKILLS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE TALENT & SKILLS, INC. SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TALENT & SKILLS, INC. MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE TALENT & SKILLS, INC. SITE. YOU (AND NOT TALENT & SKILLS, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Termination
Talent & Skills, Inc. or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Talent & Skills, Inc. Site and all related documentation and all copies and installations. Talent & Skills, Inc. may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of Talent & Skills, Inc., provided, however, that Talent & Skills, Inc. shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.
Linked Sites
The Talent & Skills, Inc. Site includes links to other sites which are not maintained by Talent & Skills, Inc.. Talent & Skills, Inc. is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Talent & Skills, Inc. of the sites or any products or services referred to therein. Talent & Skills, Inc. may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Talent & Skills, Inc. Site. If you decide to access any third party site linked to the Talent & Skills, Inc. Site, you do so entirely at your own risk and Talent & Skills, Inc. shall have no liability for any loss or damage arising from your use of any such site.
Linking and Logo Policy
By linking to any page on the Talent & Skills, Inc. Site, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, Talent & Skills, Inc. prohibits site caching, the use or posting of unauthorized hypertext links to the Talent & Skills, Inc. Site and the framing of any Content available through the Talent & Skills, Inc. Site. You may link to the Talent & Skills, Inc. Site only via the Site's home page (i.e., www.Talent & Skills, Inc.com) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read "Talent & Skills, Inc." Images of the Talent & Skills, Inc. logo can only be used for link purposes and can only be made with the express written permission of Talent & Skills, Inc. Any requests for such permission or for permission to link to the Talent & Skills, Inc. Site in a manner other than as permitted in the preceding paragraph should be addressed to Talent & Skills, Inc. at contact@talentandskills.com By linking to the Talent & Skills, Inc. Site, you acknowledge and agree that, other than as set forth herein, all rights to the Talent & Skills, Inc. trademarks or service marks used on the Talent & Skills, Inc. Site, the Content appearing on the Talent & Skills, Inc. Site and the design of the Talent & Skills, Inc. Site belong to Talent & Skills, Inc. You must not misrepresent your relationship with Talent & Skills, Inc. or present false or misleading impressions about Talent & Skills, Inc. No links to the Talent & Skills, Inc. Site may be used in a manner that implies or suggests that Talent & Skills, Inc. approves or endorses you, your website or your goods and services (in all cases, except as Talent & Skills, Inc. may have agreed separately with you in writing). Talent & Skills, Inc. shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Talent & Skills, Inc. against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Talent & Skills, Inc. reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Talent & Skills, Inc. Site from your website. This is not a license, but subject to your compliance with the above terms, Talent & Skills, Inc. agrees to grant you the use of the "Talent & Skills, Inc" name solely for the purpose of establishing a link to the Talent & Skills, Inc. Site as permitted here under. Except for the limited permission to use the "Talent & Skills, Inc" name as set forth in this paragraph, you may not use any of Talent & Skills, Inc.'s trademarks or service marks for any other purpose without the express written permission of Talent & Skills, Inc. Talent & Skills, Inc. may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the "Talent & Skills, Inc" name and your right to link to any pages on the Talent & Skills, Inc. Site. In such event upon request, you agree to immediately remove all links to the Talent & Skills, Inc. Site and to cease using the "Talent & Skills, Inc" name for linking purposes. Thereafter, any future links to the Talent & Skills, Inc. Site will require the express written permission of Talent & Skills, Inc. Talent & Skills, Inc. reserves the right to amend these linking terms and conditions at any time. By continuing to link to the Talent & Skills, Inc. Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Talent & Skills, Inc. Site, as amended from time to time

Other
Talent & Skills, Inc. may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the Talent & Skills, Inc. Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of New Jersey and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Talent & Skills, Inc. Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Talent & Skills, Inc. Site.
This Agreement is accepted upon your use of the Talent & Skills, Website or any of the Talent & Skills, Inc. Services and is further affirmed by you becoming a Member. Your agreement with Talent & Skills, Inc. will always include this Agreement at a minimum. Your access and use of certain Talent & Skills, Inc. Services will require you to accept additional terms and conditions applicable to such certain Talent & Skills, Inc. Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Talent & Skills, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Talent & Skills, Inc. is a trademark of Talent & Skills, Inc., Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
If you have any questions about the terms and conditions, contact us