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TERMS OF SERVICE FOR
TALENTJAM.COM
TALENTJAM.COM
Talent
Jam Terms of Service
The following "Terms of Service" govern your access to and use of the Talent Jam website, including any content, functionality and services offered on or through the Site: www.talentjam.com by Talent Jam Coorp. SL (Avenida Andasol, 32-I, 29604, Marbella, Spain) and its subsidiaries. Applicable collectively: “Talent Jam" "we", “us" or the “Site”.
We
strongly encourage you to read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or clicking to accept or agree to the Terms of Service when this option is made available to you, you
accept and agree to be bound to and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference.
If
you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies regarding the activity and usage on the Site, please access the designated articles herein.
Talent
Jam website is available to users of 16 years of age or older. If you are under 16 you may not use this Site or the Talent Jam services. By using this Site, you represent and warrant that you are of legal age to
form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Scope of services
TalentJam.com Platform is an online marketplace that enables registered users known as “Talents”, who offer Shows/Services, to publish these on the Talent
Jam Platform as well as
communicate and transact directly with “Planners” that are seeking to book the Talent’s Shows/Services for a single or multi-day activity in various categories and locations such as entertainment and artistic services.
Key Terms
User(s)
refers to all individuals who are landing on Talent Jam Platform or have created a user account on www.talentjam.com.
Planners are users who purchase Shows/Services
on Talent Jam. As per now collectively called Planners in the Terms of Service.
Talents
are users who list their Show/Service in order to sell and perform their Show/Services through Listings on Talent Jam.
Band/Group
is a group of Talents who act under the same Listing to perform a collective Show/Service.
Bookings
are exclusive purchases for a Talent Listing that are created as a purchase order in response to specific requirements of a Planner.
Custom
Orders are requests made by a Planner to receive a Custom Offer from a Talent.
Disputes
are disagreements experienced during an order between a Planner and Talent.
Talent
Jam Revenue Statement shows the aggregated amount of a Talent or Planners Account for services or returned payments from cancelled orders.
Listing
Price is the price the Talent defines for its Show/Services.
Listing
Extras are additional services offered on top of the Talent’s performance for an additional price defined by the Talent.
Listing Page is where the Talent can describe their Shows/Services and its terms. The Talent's listing page is where the Planner can purchase the Show/Services and create an order.
Shows/Services
are services offered on Talent Jam created by Talents on their Listing Page that represent the entity for which the Talent is going to be hired through a booking made by the platform upon the specific requirements of the Planner.
Order
Page and Booking Page respectively are where Planner and Talent communicate with each other concerning Booking orders.
Orders
are the formal agreement between a Planner and Talent after a purchase order has been placed
on the Talent’s Listing Page.
Payment
Services Provider(s) provide payment services to Planners and Talents in respect to the transnational activity on Talent Jam platform which include collection of funds from Planners in connection to the purchase of
Shows/Services, remittance and withdrawal of funds to Talents in connection with completed Orders, and the holding of funds in connection with Talent Jam Balances and Service fees.
Revenue
is the funds that Talents earn from completed orders according to the bookings they receive for their Shows/Services.
Badges
are given to Talents who show the high performance of completed Orders and are obtained for a range of different merits helping Talents rank better through the platform search engine.
Ranking
refers to the competitiveness / quality of Talent with its Listings on Talent Jam Platform.
Rating
represents the average score of the Planners’ opinion regarding the Talent’s performance. It also comprises the Ranking level and Badges status of the Talent.
Reviews
are written comments posted by a Planner.
General Main Terms
Only
registered users may offer or order Shows/Services on Talent Jam Platform.
Registration
is free.
Shows/Services on Talent Jam may be offered at a minimum base starting at a price of 25€. The price should be relevant to the
quality of the services, and we recommend Talents to list their Shows/Services at a realistic and competitive price.
Planners shall transfer funds to Talent Jam Platform to create and secure an Order.
(see Purchasing Section
below regarding payment terms).
Orders are placed through the Book Now button found on the Talent’s Listing Page or through a Custom Request button.
Talents
must fulfil their orders, and cannot cancel orders without a valid cause. Cancelling orders will affect Talents’ reputation status and badges.
Talents
are able to gain account statuses (Badges) based on their performance, reputation and longevity, seniority and activeness on Talent Jam Platform. Advanced Badges provide Talents with benefits, such as better visibility in the search
results or better matching algorithms.
Users
may not offer or accept payments using any other method than placing an order through Talent Jam Platform.
Planners
are granted all rights to receive the Show/Service on time and as advertised unless otherwise specified and agreed upon between the Talent and The Planner on the Order page via
the messaging tool. Note: Through Listing Extras Talents can charge additional payments for additional services, transport etc, incl. Commercial Use of Licence See “Ownership” and “Commercial Use Licence” sections below for more
information.
Talent
Jam retains the right to use all published materials and performances for Talent Jam’s marketing and promotional purposes.
We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
Talents Basics
Users
must register a Talent Jam account to access and use certain features of the Talent Jam Platform, such as publishing a listing or booking a Show/Service. If you are registering on the Talent Jam Platform
for a business, organisation or other legal entities, you represent and warrant that you have the authority to legally bind that entity and grant Talent Jam all permissions and licenses provided in these terms.
You
can create a Talent Jam Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.
Talents
create Listings/Offers on the Talent Jam Platform to allow Planners to purchase their Shows/Services.
Talents
may also offer Custom Offers to Planners in addition to their Listings.
Users
have to provide accurate, current and complete information during the registration process and keep their Talent Jam Account and public Talent Jam Account profile page information up-to-date at all times.
Talents
are solely responsible for setting a price including any taxes if applicable for their Listing Fee. Once a Planner requests to book Talent’s Listing, the Talent may not request
that the Planner pays a higher price than in the booking request.
Each
order the Talent receives and successfully completes, accredits its account with 88% of the purchase amount if the Talent is non-VAT obligated.
Talent
Jam Service fees are automatically added at the time of purchase where a Planner can review and accept the total amount requested to pay. These fees cover administrative and transaction fees. As of September 2019,
the current fees assessed to the total purchase amount are 12% on free plan and 5% on Professional and Premium administration fee and between 1.5% and 2% transaction fee depending on the payment method.
Talent
Jam will deduct any Talent Jam fees from the total amount of the completed order before paying the Talent. Any Talent Fees are included in the Total Fees collected by Talent Jam Payments. Unless
otherwise provided on the Talent Jam Platform, Service Fees are non-refundable.
Talent
Jam accredits Talents once an order is completed. See our "Orders" section below
for a definition of a completed order.
If
an order is cancelled (for any reason), depending on the cancellation policy of the Talent, the funds paid will be returned to the
Planner’s payment provider.
Revenues are transferred to the Talent’s Service Payment Provider only following a safety clearance period
of 10 days after the order is marked as completed. The Talent can find their invoices on the Earnings Dashboard page.
Talents
are not allowed and may not promote their Shows/Services or any Talent Jam content via the Ad Words platform.
The
Talent's Rating is calculated based upon the completed order’s reviews posted by Planners. High ratings allow Talents to obtain advanced Talent Badges (see Badges
below). In certain cases, exceptionally low ratings may lead to the suspension of the Talent’s account.
For
security concerns, Talent Jam may temporarily disable a Talent’s ability to receive their revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour
reported by Planners or associating multiple Talent Jam accounts.
Talents
are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Talents confirm that they comply, and will comply at all
times, with their obligations under income tax and VAT (if applicable) provisions in their jurisdiction. The Shows/Services
price shown on the Listing page shall be inclusive of all such taxes and charges that may apply to the Planners.
Appointment
as Limited Payment Collection Agent: All Talents hereby appoint Talent Jam as their limited authorised payment collection agent, solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Planner, and remitting those payments to Talent. The Talent agrees that payment from Planner to Talent Jam shall be
considered the same as a payment made directly to Talent. Planner’s payment obligation to the Talent will be satisfied upon receipt of payment by Talent Jam (or
its Payment Services Provider, as applicable), and Talent Jam (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the
Talent in the manner described in these Terms of Service. In the event that Talent Jam (via Payment Services Provider) does not remit any such amounts to the
Talent, the Talent will have recourse only against Talent Jam and not against the Planner directly. The Talent agrees that Talent Jam may describe or otherwise reflect the terms contained herein in any
terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Planner that Talent Jam may deem necessary or prudent.
Talent
Jam uses third party Payment Services Providers for purposes of collecting Order related payments from Planners, transferring such payments from Planners to Talents, and holding funds in connection with Sales Balances. All payments
services in connection with the transferring of funds on the Talent Jam platform are performed by Talent Jam’s Payment Services Providers.
Talents are allowed to use the features of the platform according to the Subscription Plan
.
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Free
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Talent
Pro - 15.99 Euros/month
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Talent
Agencies-99 Euros/Month
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Create a profile
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ALL
from Basic+
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All
from Pro +
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Email notifications
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Unlimited
bookings per month
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Unlimited
bookings per month
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Free invoicing process
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Email notifications
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Email notifications
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Secure payment process
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Free invoicing process
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Free invoicing process
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Create one listing
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Secure Payment Process
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Secure payment process
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Create up to 10 listings
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Manage unlimited
listings
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Become a Globetrotter
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Become a Globetrotter
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Add a group listing
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Add a group listing
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Send customized
offers
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Send customized offers
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Be among the Top Picks
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Always appear in Top
Picks
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Sync your calendar
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Sync multiple
calendars
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Invite other Talents to
collaborate with you
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Option to work
per project
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Upload unlimited pictures,
MP3 files, and videos
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On-site planning and
consultation with Success Manager
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Access to
online webinars tailored to your specific needs
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Personal success coach
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Unlimited customer
support
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Shows/Services- Listings
Listings
created on Talent Jam are User Generated Content.
Shows/Services Violations
Listings
may be removed by Talent Jam for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or fraudulent services
- Copyright- and Trademark Infringement, violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here.
- Adult oriented services, pornographic, inappropriate/obscene
- Intentional illegal copies of Listings
- Spam, nonsense, violent or deceptive Services and Listings
- Shows/Services misleading to Planners or others
- Reselling of regulated goods
- Exceedingly low-quality Listings and Execution of Shows/Services
Listings
that are removed for violations mentioned above, may result in the suspension of the Talent’s account.
Listings
that are removed for violations are not eligible to be restored or edited.
Listings
may be removed from our Search feature due to poor performance and/or user misconduct.
Listings containing and/or promoting content which violates Talent Jam’s Terms of Service,
will be removed and may lead to the suspension of the Talent account. However, Listings may include pre-approved website URLs contained within the Shows/Services description and requirements box.
Listings
are required to have an appropriate image related to the Show/Service offered. An option to upload additional media and images is available to all Talents. According to their subscription status, the number of pictures and media volume
varies. see subscription plans here.
Talents must deliver the same quality of service as shown on their Listings images and meet
the Proficiency level as stipulated
in the Proficiency Level
input on their Talent Profile. Recurring Shows/Services that don’t match the quality shown on the Listing images and description may lead to the Talent’s account losing Talent Badges, status, and Rating or becoming permanently disabled.
Listings
may contain approved Shows/Services Videos uploaded through the Talent Listing management tools available on Talent’s Dashboard.
Statements
on the Listing Page that undermine or circumvent these Terms of Service are prohibited.
Calendar
All
Listings of a Talent will be granted and associated with an interactive Calendar. Talents must vigorously keep their calendar and availability up to date. Inattentiveness and poor keeping of calendar availability may lead to
cancellations, and even to suspension of Talents Account.
The
interactive Calendar allows the Talent to set a custom price for it’s Listing(s) according to the Talent’s own preferences for a given date or
period of time.
Listing Extras
Listing
Extras are additional services offered on top of the Talent’s Shows/Services for an additional price defined by the Talent.
Listings
may be removed for violations of our Terms of Service. For specific terms, please see the Shows/Services
Listings section above for a list of services that violate our Terms of Service. Listings are subject to be removed due to violations found in Listing Extras.
The number of Listing Extras, which can be offered, is based on Talent Badge Level. Extras
offered through Listings must be related to the base service and part of the ability to deliver on the order.
Listing Extras may cover different categories of services that are components to a higher
quality delivered service. Talents have the option to extend the duration of an order for each Listing Extra that is added to the order. This is to cover the time needed to complete the extra service.
Badges
Talent Jam is all about helping Talents leverage their skills and revenues. We seek to empower top performing Talents with helpful tools to grow their business.
- Talent Jam is a marketplace that connects Talents with an artistic background with Planners who need to organise an event or have to complete a project related to events and entertainment industry. Our mission is all about increasing the opportunity for Talents to get discovered and leverage their revenue while getting more bookings through Talent Jam.
Talents can gain account Badges based on their activity, performance, ranking, and reputation.
Talents who invest in self-promotion will achieve greater customer satisfaction. Provided
they upload quality media materials, deliver on time, maintain a high acceptance of bookings and a good rating score, Talent Jam may reward them with Badges, special opportunities, or other benefits, and
the tools that come with it.
Advancement
in Badges is updated periodically by an automated system.
The
current Badges a Talent can achieve are, Trendsetter, Born a Star, and Top Picks.
Talents
who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Talent Badges and the benefits that come with it. For example, late arrivals, negative comments, low
ratings, unrealistic prices, or regular Talent cancellations will cause a Talent to be downgraded on the Talent ranking and be moved to a lower level.
Advanced
Badges provide their owners with additional benefits, including offering Shows/Services for higher prices through Listing.
Talents have access to several exclusive features that help customise the way their services can be offered.
Custom Offer
Talents can also send Custom Offers in order to comply with the specific requirements of a
Planner.
Custom
Offers are defined by the Talent with the exact description of the service, the price and the time expected to deliver the service. Custom Offers are sent from the conversation page.
Services
provided through Custom Offers may not violate Talent Jam’s Terms of Service. Communication for handling orders should be performed on Talent Jam, through the order page. Users who engage and communicate outside of Talent
Jam will not be protected by our Terms of Service.
Revenues and Payment methods
To
receive your revenue, you must have a bank account or another Payment method complying with at least one of Talent Jam's Payment Service Providers.
All
funds eligible for transfer will be held on an account on behalf of the Talent by Talent Jam’s Payment Services Provider. All payment services will be provided by Talent Jam’s Payment Services Provider.
Your
Talent Jam profile can be associated with only one account, and a Payment Service Provider revenue account can be associated with only one Talent Jam profile.
Revenues
are visible for the Talent on its Earning section in the Dashboard, and are transferred following a safety clearance period of 10 working days after the order is marked as complete.
Talent
Jam will send an automated Invoice specifying their commission and other charges that might apply for each individual Show/Service. The remaining amount is a net fund that will be transferred to the talent’s
Payment Service Provider.
Transfer
fees may vary depending on the payment method the Talent uses. All fees for the amount of the paycheck are supported by the Talent.
Planners Basics
Planners can purchase a Talent’s Show/Service using this Show/Service within the
description of the Listing, professionally and in accordance with all legal limitations and good faith.
Planners
cannot offer direct payments to Talents using payment systems outside of the Talent Jam Order system.
Talent
Jam retains the right to use all publicly published and delivered works for Talent Jam’s marketing and promotional purposes.
Planners
may request a specific Show/Service from the Custom Request feature. Services requested on Talent Jam must be an approved service on Talent Jam. Please click here for guidelines on approved
services.
Purchasing an Order
Planners
make a payment on the Talent Jam Site to place an order from a Listing page or Custom Offer/Request, using the Book Now button. Talent Jam partners with Payment Service Providers for
purposes of collecting Shows/Services-related payments from Planners, transferring such payments from Planners to Talents, and holding funds in connection with Talent Jam Balances. All payment services in connection with the collection
of funds on the Talent Jam platform are performed by Talent Jam’s Payment Services Providers. Transfer fees may vary depending on the payment method the Planner uses. All fees for the amount of the final Order amount are paid by the Planner.
Talent
Jam serves as a Talent’s limited authorised payment collection agent solely for the purpose of accepting payments from a Planner and remitting those payments
to the Talent.
The
Planner’s payment obligation to Talent will be satisfied upon receipt of full payment. Talent Jam is responsible for remitting the correct funds to the Talent in the manner described in these Terms of Service. In the event that Talent
Jam does not remit any such amounts to Talent, the Talent will have recourse only against Talent Jam and not the Planner directly.
In
addition, the Planner can request a Custom Order which addresses specific requirements and receive a Custom Offer from the Talent through the site. In most locations, Shows/Services
may be purchased on Talent Jam by using one of the following payment methods: Credit or Debit Card, PayPal, ePay, and GooglePay. Additional payment methods may apply in certain locations.
Talent
Jam fees are deducted from the total price of a completed order or of a cancelled non-refundable booking. The Talent can review the total amount and all Talent Jam fees in the price breakdown
window of the order page. These fees cover administrative and transaction fees. As of September 2019, the current administration fees applied to the total purchase amount are
12%.
Planners will cover in addition to the total order amount a transaction fee of between 1.5% to 4% depending on
the payment method or credit
card they use.
Talents
may not allow Planners to pay or make a payment using any method other than through the Talent Jam Platform. In the case that Talents
have been asked to use an alternative payment method outside the Talent Jam Platform, please report this immediately to Customer Support here.
To
protect against fraud, unauthorised transactions, claims or other liabilities, payment information in connection with payments is collected by either Talent Jam or Talent Jam’s Payment Services Providers.
Payment Services Providers may also collect such other information as necessary for proposes of processing payments. Talent Jam is not exposed to the payment information provided to Payment Services Providers, and this information is
subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
By
using any payment method and/or providing payment details for making purchases on Talent Jam, you confirm that: (a) you are legally
authorised to provide such information; (b) you are legally authorised or have permission to make payments
using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorised
by that company or person to use the payment method to make payments on Talent Jam; and (d) such actions do not violate any applicable law.
Payments
Use
of cards and digital wallets includes 1,9% fee + €0,30 per transaction.
An
additional 1% fee applies to transactions from cards issued outside of the EU/EEA.
A
flat €30 fee is applied for chargebacks.
Processing
fees are not returned for refunded transactions.
American
Express Card transactions will be charged 2,9% + €0,30.
For
merchants that have their own American Express account, Braintree can pass through American Express transactions at a cost of €0,30 per transaction with no additional Braintree fees. Merchants may be subject to additional fees applied
by American Express under their direct card acceptance agreement with American Express.
Local Currencies
Planners
may pay on Talent Jam in most currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order Page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will
be charged in EUR even if the price is displayed in another currency. In any
event, the actual charged amount in the actual payment currency will be clearly disclosed before you complete the Order.
Planners
should note that the Listings’ pricing is derived always from their original EUR price and, therefore, no EUR currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Planners
always have the option to pay in EUR by changing their selected displayed currency.
If
a Planner has paid for an Order in a currency other than EUR and the Order was later cancelled for any reason, the amount returned would be based on the exchange rate as of the date of cancellation. Therefore,
the returned amount may vary from the paid amount in local currency terms, while always maintaining the same EUR value.
If
the Planner has paid for an Order and later cancelled the order, the amount returned will be according to the cancellation policy of the Talent’s Show/Service you
have agreed upon at the moment of placing the Order. You can find out the
main cancelation policies that may apply.
The
Talent Jam Earnings Statistics are always valued in EUR, even if it is displayed in a non-EUR currency. Therefore, when viewing the Talent Jam Earnings statistics in any currency other than EUR, the revenue displayed may change daily in
accordance with exchange rate fluctuations, while always maintaining the same EUR value.
Taxes
Planners
may be charged with indirect taxes in addition to the Show/Service price shown on the Talent Listing page, such as VAT depending on their residency, location, and any applicable law.
Talents
and Planners agree that they are individually responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees
that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
Orders Basics (or Booking Basics)
Once
payment is confirmed, your order will be created and given a unique Talent Jam order number (#FO).
Talents
must deliver and execute at their best the Show/Service according to the service that was purchased and advertised on their Listing.
A
booking must be completed and not be abused by Planners to circumvent the Order guidelines described in this Terms of Service.
A
booking is marked as done 24 hours after the day the Show/Service has been
completed. An order will be automatically marked as complete if no complaints or request for modification was submitted within 3 days after the order was marked as completed.
We
encourage our Planners and Talents to try settling any disagreements or conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Platform, users can contact Talent Jam's Customer Support
department for assistance.
Handling Bookings
When
a Planner orders a Show/Service, the Talent is notified by email as well as notifications on the site when logged into the account.
Talents
are required to meet the delivery and starting time the Planner had specified when creating the Order. Failing to do so will allow the Planner to cancel the order when an order is marked as late. This may also
harm the Talent's status.
During
their communication on Talent Jam, users are responsible for scanning all transferred files for viruses and malware. Talent Jam will not be held responsible for any damages which might occur due to site usage, use of content or files
transferred.
Reviews
Feedback
reviews provided by Planners while completing an order are an essential part of the Talent Jam rating system. Reviews demonstrate the Planner's overall experience with the Talent and the Show/Service provided. Planners are encouraged to
communicate with the Talent regarding any concerns experienced during their active order or the service provided by the Talent.
Leaving
feedback is a basic privilege of a Planner. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
To
prevent any misuse of our feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Talent Jam platform from users within our Community. Purchases arranged,
determined to artificially enhance Talent ratings, or to abuse the Talent Jam platform with purchases from additional accounts, will result in the permanent suspension of all related accounts.
Feedback
comments by Planners are publicly displayed on a Talent’s Listing page.
Withholding
the delivery of services, files, or information required to complete the Show/Service with the intent to gain favorable reviews or additional services is prohibited.
Once a
Show/Service is delivered, the Planner has
7 days to post a review. If no review is provided within the response period, the order comments will be
considered completed. No new reviews may be added to an order after
7 days. Talents may not solicit the removal of feedback reviews from their Planners through mutual cancellations.
Disputes and Cancellations Basics
We
encourage our Planners and Talents to settle any dispute or disagreements amongst themselves. If this for any reason fails users can contact Talent Jam's Customer Support department for assistance here.
An
Order can only, if eligible, be cancelled on Talent Jam Platform by your Order section, or in certain cases by Customer Support.
Filing
a transaction dispute or reversing a payment through your payment provider or your bank before contacting Talent Jam Customer Support is a violation to the Terms of Service. Doing so may get your account temporarily or permanently
disabled. Refunds can only be executed after the dispute has been resolved between both parties.
In
the event that a Planner or Talent encounters an issue related to the service provided, you are encouraged to use the Talent Jam Customer Support to attempt to resolve the matter.
Talent
Jam, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made through the Platform.
All
transfers and assignment of intellectual property to the Planner shall be subject to full payment for the Show/Service and the delivery shall not be used if payment is cancelled for any
reason.
If
an order is cancelled within the cancellation policy, the funds paid will be returned to the Planner’s account, excluding the service provider fees that may apply.
Order Cancellations
Talent
Jam encourages Planners and Talents to resolve any disputes or disagreements mutually by using Customer Support.
Requests
to Talent Jam for cancelling an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the
Talent Jam system. See below for Order specific eligibility.
Please
be advised that orders cannot be partially cancelled. Talent Jam can only cancel the entire order when it is justified.
Orders
are not eligible to be cancelled based on the quality of Show/Service or materials delivered by the Talent provided the service was delivered as described in the Listing page. Planners
may rate their experience with the Talent on the Order Page, including the overall level of service quality received.
Planners
must use Talent Jam Customer Support to address any concerns related to the service provided. Customer Support will not take any action against Orders where the Planner failed to inform the Talent of issues related to the Talent’s
service and will allow Talents to provide a resolution first. This does not include non-permitted usage of Talent Jam Platform.
Any
non-permitted usage of Talent Jam Platform encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but is not
limited to, harassment, unlawful behaviour, or other violations of Talent Jam’s Terms of Service.
Cancellation Policies
Talent Cancellation Policies for Planners
All
Talents with active Listings of Shows/Services are granted the right to choose the cancellation policy individually for each listing. This feature is available
in the editing option of the listing under Preferences. We strongly advise Talents to keep their policies up to date.
- Flexible-Full refund 48 hrs prior to the date and time of the job due. No refund for cancellations made less than 48 hrs before the day and the time of the job due.
- Moderate-Full refund 7 days prior to the day and the hour of the job due. No refund for cancellations made less than 7 days before the day and the time of the job due.
- Strict -Full refund a minimum 14 days prior to the day and the time of the job due. No refund for cancellations made less than 14 days before the day and the time of the job due.
Talent Jam Cancelation Policies for Talents
- Talents can be reimbursed the Talent Jam fee of a Booking cancelled by the Talent only 3 times for a period of 12 months.
- Talents should avoid cancelling Bookings because this may affect their rating and badges.
- Talents are strongly advised to keep their availability and calendar up to date in order to avoid booking cancellations.
- If a Talent cancels a booking less than 24 hrs prior to the day and the hour of the job due, the Planner can ask for compensation of 15% of the total amount.
.
Eligibility of Active Order Cancellations
An
Active Order is the period of time between a Planner placing an Order and a Talent delivering the
Show/Service booked.
Talent
Jam Customer Support can cancel orders based on, but not limited to, the following reasons:
- The Talent is late or unresponsive for more than 24 hours while the order is marked as Failed or No Show
- Users are abusive towards the other party through threats of low ratings or leveraging order materials or other personal information against each other.
- Actively break the Talent Jam’s Terms of Service by misusing any copyrights trademarks or infringing materials as part of the Planner requirements or the Talents’ service delivery.
- The user is no longer an active Talent Jam user due to Terms of Service violations or closure of their account.
- The Talent requests additional payments, on or off the Talent Jam platform, by withholding the final delivery of services directly related to the agreed requirements.
- Planners who threaten to leave a damaging review to gain more services from the Talent not related to the agreed requirements.
- Users who have been proven to use copyright/trademark infringing materials.
Please
note that Talent can choose among three Cancelation Policies: Flexible, Moderate or Strict. The Planner agrees upon the cancellation policy of the Talent’s Show/Service in the moment
of placing the Order.
The
Cancellation Policy will appear under the booking button. We strongly recommend planners to check it and get familiar before placing the order.
If
for any circumstances or reasons a Planner wants to cancel an Order, Talent Jam will apply the cancellation policy of the Talent as shown below the Booking button.
If
a cancellation policy is strict but the planner has made a booking by mistake, he has a one-hour waiver to contact Talent Jam Customer Support and get refunded. In the contrary case,
the talent will be paid in full.
Completed Orders
24 hours after the actual delivery day of the Show/Service, the order will be marked as
completed.
Planners
who have not purchased commercial
use rights through Listing Extras and are reported to have used the materials of the Show/Service provided
commercially. Note: Terms of Commercial use are found on the Talent’s Listing page and cannot be retroactively included once the order is completed for over 14 days.
Refunds
Talent
Jam will refund payments made for eligible cancelled Orders back to the Payment Provider of the Planner. Funds returned to Planner’s Payment Provider from cancelled orders are excluding
service and transaction fees paid.
User Conduct and Protection
Our mission is all about increasing the opportunity for Talents to get discovered and leverage their revenue while getting more bookings trough Talent Jam.
Talent
Jam is a marketplace that connects Talents with an artistic background with Planners who need to organise an event or have to complete a project related to events and the entertainment
industry.
Talent
Jam enables people around the world to create, share, sell and purchase their shows and services they need at the best value. Services offered on Talent Jam reflect the necessity and endless possibilities of an
expanding self-employed economy based on our own Talents and the way people are constantly changing their geographical location. Members of the Talent Jam community will be able to communicate and engage through orders, social media, and
Talent Jam’s Community Forum.
This
section relates to the expected conduct users should adhere to while interacting with each other on Talent Jam Platform.
Talent
Jam aims for a friendly spirited community and professional environment. Users must keep that spirit while participating in any activity or extensions of Talent Jam. To report a violation of our Terms of Service, User Misconduct, or
inquiries regarding your account, please contact our Customer Support team here.
Basics
To
protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/Instant Messages usernames, telephone numbers or any other personal contact details to communicate outside of Talent Jam in
order to circumvent or abuse the Talent Jam messaging system or Talent Jam platform is not permitted.
Any
necessary exchange of personal information required to continue a service may be exchanged within the order page after a purchase has been made.
Talent
Jam does not provide any guarantee of the level of service offered to Planners.
Talent
Jam does not provide protection for users who interact outside of the Talent Jam Platform.
All
information and file exchanges must be performed exclusively on Talent Jam's platform for the protection of both sides.
Rude,
abusive, improper language or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Talent
Jam is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users
may not submit proposals or solicit parties introduced through Talent Jam to contract, engage with, or pay outside of Talent Jam.
Orders
Users
intending to defame competing Talents by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users
are to refrain from spamming or soliciting Planners or Talents to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
Listings
Users
may report Listings to Customer Support that may be in violation of Talent Jam’s Terms of Service based on reported Shows/Services that replicated existing services (copycat Listings).
Talents
warrant that any content included in their Listings shall be original work created by the Talents and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service
marks. In the event that certain music or stock-footage media are incorporated within the Listings, Talents represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Listing’s media
and description.
Talent Jam will respond to clear and complete notices of alleged copyright or trademark
infringement. Our Intellectual Property claims procedures can be reviewed here
Reporting Violations
If
you come across any content that may violate our Terms of Service, you should report them through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are
reviewed by our team. To protect individual privacy, the results of the
investigation are not shared. Please review our Privacy Policy for more information.
Violations
Users
may receive a warning on their account for violations of our Terms of Service or any user misconduct reported to our team. A warning will be sent to the user's email address and a notification will appear in his
Talent Jam account. Warnings do not limit account activity but may lead to your account losing Talent Badges and statuses or becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult
Services & Pornography - Talent Jam does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate
Behaviour & Language - Communication on Talent Jam should be friendly, constructive, and professional. Talent Jam condemns bullying, harassment, and hate speech towards others. We allow users a medium to
exchange messages between individuals, a system to rate orders and to engage on our Social Media pages.
Phishing and Spam
Talent
Jam takes its users’ security seriously. Any attempts to publish or send malicious content with the intention of compromising another
members’ account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Listings of Shows/Services
and Orders.
Privacy & Identity
You
may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided on the Order page only. Talents further confirm that whatever
information they receive from the Planner, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Planner. Any users who engage and communicate outside the Talent Jam
Platform will not be protected by our Terms of Service.
Authentic Talent Jam Profile
You
may not create a false identity on Talent Jam, misrepresent your identity, create a Talent Jam profile for anyone other than yourself (a real person), or use or
attempt to use another user’s account or information. Your profile information, including your description, skills, location, etc., while being kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive
or otherwise harmful. Talent Jam reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone,
camera, etc.).
Intellectual Property Claims
Talent
Jam will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed in this document.
Fraud / Unlawful Use
You
may not use Talent Jam for any unlawful purposes or to conduct illegal activities.
Abuse and Spam - Multiple Accounts
The
user is limited to only one active account in order to prevent fraud or abuse. Accounts that mislead the Talent Jam community or accounts determined to be additionally created to circumvent guidelines, promote competitive
advantages will be disabled. Mass account creation will result in disabling all related accounts. Note: Any violation of Talent Jam Terms of Service is cause for permanent suspension of all accounts.
One account - Multiple listings
One Talent account can represent and post multiple Listings for a variety of Shows/Services. They all have to be
trustworthy and realistic.
All listings
must comply
with our Terms of Service.
Multiple users-one listing as a Band/Group
In
order to create a Group/Band listing, one Talent only has to create the Listing. The user who set up the Listing will be entitled as the administrator (admin)
for that Band/Group Listing and invite all the members via email from the Talent Listing page. The new members will be notified via email and will have to accept it trough their received email.
In
the event a new member doesn’t have an active account on Talent Jam, he/she will also be invited to create a personal profile before completing the Group/Band merging procedure.
When
a Talent creates a Band/Group listing, all talents included are obliged to act with the same dedication relevant to their Role in the Band/Group in order to provide the described
Show/Service at their best. When a booking arrives to the Band/Group booking page, payment will be debited to the payment provider of the Admin Talent. The admin is held responsible for distributing
the agreed amounts of money to the active Talents in the Band/Group following a successfully completed booking and according to their prior personal agreement. The redistribution of those funds between the Band/Group members can not be
made through Talent Jam Payment Provider Service, thereby Talent Jam cannot be held responsible for the redistribution of funds.
Targeted Abuse
We
do not tolerate users who engage in targeted abuse or harassment towards other users on Talent Jam. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts
You
may not buy or sell Talent Jam accounts.
Proprietary Restrictions
The
Platform, including its general layout, design and content, is exclusively owned by Talent Jam and protected by copyright and trademarks. Users have no right and must specifically agree not to do the following with respect to the
Platform or any part, component or extension of the Talent Jam (including its mobile applications):
Copy,
transfer, modify, distribute, adapt or reproduce wholly or parts of the Platform and its content in any manner.
Reverse
assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organisation.
Modify
or create derivative works.
Remove
any copyright notice, identification or any other proprietary notices
Use
the Platform in any manner that could damage, disable, overburden or impair the Platform, or interfere with any other users’ enjoyment of the Platform. Users also agree not to permit or authorise anyone else to
do any of the foregoing.
General Terms
Talent
Jam reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Platform or services.
Violation
of Talent Jam's Terms of Service may get your account disabled permanently.
Users
with disabled accounts will not be able to sell or buy on Talent Jam.
Users
who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information regarding the violation and status of the account.
Users
must be able to verify their account ownership through Customer Support by providing materials that prove ownership of the account.
Disputes
should be handled using Talent Jam's Ticketing Centre or by contacting Talent Jam Customer Support.
Talent
Jam may make changes to its Terms of Service from time to time. When these changes are made, Talent Jam will make a new copy of the terms of service available on this page.
Users
must understand and agree that the use of Talent Jam’s Platform after the date when the Terms of Service have been changed, Talent Jam will treat that use as acceptance of the updated Terms of Service.
User-Generated Content
All
content uploaded to Talent Jam Platform by our users (Talents and Planners) is User-Generated Content. User Generated Content
("UGC") refers to the content added by users and not by the Platform.
Talent
Jam does check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. However, Talent Jam can not be held responsible for the content uploaded by users.
Talent
Jam invites everyone to report violations together with proof of ownership as appropriate.
Reported
violating content may be removed or disabled.
Furthermore,
Talent Jam is not responsible for the content, quality or the level of service provided by the Talent.
Talent
Jam provides no warranty with respect to the Shows/Services, their delivery, and any communications between Planners and Talents. We encourage users to take advantage of our rating system, our community, and common sense in choosing
appropriate Listing offers.
By
offering a Show/Service, the Talent undertakes that he/she has sufficient permissions, rights and/or license to provide, sell or resell the service offered on Talent Jam.
Talents
advertising their Show/Service online must comply with the laws and terms of service of the advertising platform or relevant website used for advertisement. Failing to do so may result in the removal of the Show/Service listing and may
lead to suspension of the Talent's account.
For
specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see
our Intellectual Property Claims Policy
which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeatedly infringe upon
their rights.
Ownership and Limitation
Unless
clearly stated otherwise on the Talent’s Show/Service Listing page, when the work is delivered, and subject to payment, the Planner has no intellectual property rights, including but not limited to, copyrights for the work delivered from
the Talent, and the Planner waives any and all moral rights therein.
The
delivered work shall be considered work-for-hire under the European copyright Directive (put a reference to the directive). In the event
that the delivered work does not meet the requirements of work-for-hire or when EU copyright Directive does not apply, the Planner expressly agrees to assign to the Talent the copyright in the delivered work.
All
transfers and assignments of intellectual property to the Planner shall be subject to full payment for the Show/Service and the delivery may not be used if
payment is cancelled for any reason.
The
Talent can charge extra payments for custom created work as well as for a Commercial Use License. This means that if you purchase the Show/Service for personal or commercial use, you will own all the rights you
require for such use.
If
a Planner intends to use the Show/Service for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, the Planner needs
to buy the Commercial Use License through Extras and will have broader rights that cover the Planner’s business use.
Talents
further confirm that whatever information they receive from the Planner, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to
the Planner.
Furthermore,
both Planners and Talents agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Talent Jam, including Listing texts, photos, videos, usernames, user photos, user videos and any other
information, including the display of delivered work, may be used by Talent Jam for no consideration for marketing and/or other purposes.
Commercial Buy-Out
By
purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Talent grants you with a license to use its Show/Service provided
and Image for any corporate, promotional and non-broadcast purposes.
Corporate,
promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of
paid marketing channels), such as: explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, which strictly exclude any illegal,
immoral or defamatory purpose.
By
purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Talent grants you with a license for full broadcasting,
which includes internet, radio, and TV "paid channels" including: television commercials, radio commercials, internet radio, music/video streaming platforms, which
strictly exclude any illegal, immoral or defamatory purpose.
This
Buy-Out is subject to Talent Jam's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Talent nor Talent Jam will be
liable for any claims or other damages arising out of this license, the delivery or your use of the delivery.
Commercial Use License
By
purchasing a “Commercial Use License” with your order, the Talent grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased
delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to the Planner. “Permitted Commercial
Purposes” means any business-related use, such as advertising, promotion, creating web pages, integration into product, software or other business-related tools, etc., and strictly excludes any illegal, immoral or defamatory purpose.
There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Talent nor Talent Jam will be liable for any claims, or incidental, consequential or
other damages arising out of this license, the delivery or Planner’s use of the delivery.
Disclaimer of Warranties
YOUR
USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. TALENT JAM WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TALENT JAM NOR ANY
PERSON ASSOCIATED WITH TALENT JAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Automatic Translation
THIS
SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
The
Talent Jam website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is
perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is".
No
warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such
as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The
official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the
accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation of Liability
IN
NO EVENT WILL TALENT JAM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN
ACCEPTING LIABILITY AS THE LIMITED AUTHORISED PAYMENT COLLECTION AGENT OF TALENT, TALENT JAM AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF TALENTS.
THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The
term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with TALENT JAMS
where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
