TalentJUG.com TERMS AND CONDITIONS OF USE
Effective as of April 1st, 2008 (the “Effective Date”)
**Disclaimer** TALENTJUG.COM is NOT a casting company nor are we casting directors. We are NOT a talent agency or talent managers. We do not cast any projects, nor do we post any projects that we claim to cast on TalentJUG.com. All casting calls are posted by third party casting directors/filmmakers. All materials, information, casting information, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied. Please do your own due diligence before submitting to, or attending an open casting notice. The TalentJUG.com casting calls section is simply a classifieds service for filmmakers/casting directors to post projects.
BY ACCESSING AND USING THE TALENTJUG.COM WEB SITE (THE “WEB SITE”), YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS OF USE”), WHETHER OR NOT YOU ARE A REGISTERED MEMBER OF THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEB SITE OR ANY OF ITS SERVICES. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
BECAUSE THESE TERMS AND CONDITIONS OF USE CONTAIN LEGAL OBLIGATIONS, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
Purpose of Web Site. The Web Site is a service made available by TalentJUG.com (“talentJUG”). The information provided in, or through, the Web Site is for informational purposes, and is intended to provide you with the ability to articulate your talents by connecting with industry professionals from around the world. Due to the rapidly-changing nature of the information provided in, or through, the Web Site, you are urged to use additional resources to verify the accuracy of the information.
Eligibility. Access to and use of the Web Site is intended solely for users who are thirteen (13) years of age or older. Users under the age of 18 MUST have Parental or Guardian consent to use our services. Any registration by, use of or access to the Web Site by anyone under thirteen (13) years of age is unauthorized and in violation of these Terms and Conditions of Use. By accessing and/or using the Web Site, you represent and warrant that you are thirteen (13) years or older and that you agree to be bound by, and abide by, all of these Terms and Conditions of Use.
Limited License & Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license to:
access and use the Web Site strictly in accordance with these Terms and Conditions of Use;
use the Web Site solely for internal, personal, non-commercial purposes; and,
print out discrete information from the Web Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
No Commercial Use. You acknowledge and agree that your license to access and use the Web Site is limited to personal use only. You will not use the Web Site or its services for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Web Site, the content contained in the Web Site or its services, or any portion of the Web Site, the content contained in the Web Site or its services, for any commercial purpose whatsoever.
Restrictions and Prohibition on Use. Your license to access and use the Web Site is subject to the following restrictions and prohibitions on use. You may not:
copy, print (except for the express limited purpose permitted by paragraph 3(c), above), republish, reproduce, download, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any information or materials retrieved therefrom;
use any materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
create compilations or derivative works of any materials from the Web Site;
use any materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of TalentJUG.com or any third parties;
make any portion of the Web Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
decompile, disassemble or reverse engineer the Web Site software or use any network monitoring or discovery software to determine the site architecture;
use any automatic or manual process to harvest, gather or extract information from the Web Site;
use the Web Site for the purpose of harvesting, gathering or extracting information for or transmitting:
unsolicited commercial e-mail;
e-mail that makes use of TalentJUG.com’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing, and;
unsolicited telephone calls or facsimile transmissions;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personal identifying information for commercial or unlawful purposes;
upload, post, transmit, share, store or otherwise make publicly available on the Web Site any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Insurance/Security numbers and credit card numbers;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
intimidate, bully, stalk, tease, badger or harass another user, or post, or make available on or through the Web Site, any material that may cause any user to feel intimidated, bullied, stalked, teased, badgered or harassed;
upload, post, transmit, share, store or otherwise make publicly available on the Web Site any content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law; use the Web Site in a manner that could damage, disable, overburden or impair the Web Site;
remove, disable, defeat or change any functionality or appearance of the Web Site;
upload, publish, transmit, reproduce, link to or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use automated scripts to collect information from, or otherwise interact with, the Web Site;
upload, post, transmit, share, store or otherwise make available any content that TalentJUG.com deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or;
use the Web Site in a manner that violates any provincial or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
Trademarks. The TalentJUG.com name and any TalentJUG.com graphics, logos, designs, page headers, button icons, scripts and service names are trademarks of TalentJUG.com. TalentJUG.com trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion, including as part of trademarks and/or as part of domain names, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TalentJUG.com.
Copyright Complaints. You acknowledge and agree that TalentJUG.com respects the intellectual property rights of others and you are prohibited from uploading, posting or otherwise transmitting on the Web Site any materials that violate another party’s intellectual property rights. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, TalentJUG.com has adopted a policy of terminating, in appropriate circumstances and at TalentJUG.com’s sole discretion, users who are deemed to be repeat offenders. TalentJUG.com may also, at its sole discretion, limit access to the Web Site and/or terminate the account of users who infringe any intellectual property rights or others, whether or not there is any repeat infringement. You further acknowledge and agree that TalentJUG.com is not responsible for monitoring the Web Site for material that may violate intellectual property rights. If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to TalentJUG.com at privacy@talentJUG.com
Policy on Unsolicited Commercial E-mail. You are not authorized to use the Web Site for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other Web Site users or other third parties. Internet e-mail sent to, or through, the Web Site computer systems or to Web Site users or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE WEB SITE COMPUTER SYSTEMS IS STRICTLY PROHIBITED. E-mail that is relayed to, or through, the Web Site computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the e-mail is also strictly prohibited. TalentJUG.com prohibits anyone from sending e-mail to, or through, its computer systems that violates these Terms and Conditions of Use. TalentJUG.com prohibits the harvesting, gathering or extracting of e-mail addresses from the Web Site for the purpose of sending unsolicited bulk commercial e-mail.
Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, domain names, patents and other intellectual property rights) in this Web Site and its content belong to TalentJUG.com, its licensors, or Web Site users, as applicable.
No Solicitation. You shall not distribute on, or through, the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the TalentJUG.com. In interactive forums made available through this Web Site, you may discuss or recommend third-party sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such third party sites, products or services, or the recommendation of such.
No Advice. The information contained on the Web Site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, educational, medical or other advice to you, and you should not rely upon the information to provide any such advice. In addition, while the information contained on the Web Site is updated frequently, this information changes rapidly and therefore, some of the information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the information contained on the Web Site rests with you. You further agree that TalentJUG.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any information contained on the Web Site.
Uploading Content. You are solely responsible for any photographs, profiles, messages, notes, texts, information, music, videos, advertisements, links, listings and/or other content that you upload, publish or display (“Postings”) on, or through, the Web Site, or transmit to, or share with, other users of the Web Site.
Prohibited Postings. In addition to the restrictions and prohibitions on use described in these Terms and Conditions of Use, you agree not to upload, post, transmit, share, store or otherwise make available any Postings which are unlawful or abusive in any way, including but not limited to any Postings that:
are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech;
would constitute or encourage a criminal offence, violate the rights of any party including, but not limited to copyright, trademark and intellectual property rights, or give rise to civil liability, or otherwise use the Web Site in a manner which is contrary to law or which could serve to restrict or inhibit any other user from using or enjoying the Web Site;
could be considered defamatory, abusive, harassing or threatening or would otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity, or;
violate any local, provincial, federal or international law, or any rules of any securities exchange, either intentionally or unintentionally.
You acknowledge and agree that TalentJUG.com may, but is not obligated to, monitor or review the Web Site and may, for any reason or for no reason, delete or remove (without notice) your Postings or terminate your account at any time without permission from you.
Responsibility for Minors. If you are a minor, you are required to obtain your parent’s permission to use the Web Site and to ensure that your parents review these terms. In cases where a parent has authorized a minor to use any aspect of the Web Site, the parent recognizes that they are fully responsible for:
the online conduct of such minor;
controlling the minor’s access to and use of any aspect of the Web Site;
payment for any purchases made by the minor;
the consequences of any misuse by the minor, and;
ensuring the minor’s use of the Web Site is in accordance with the Terms and Conditions of Use stated herein.
You acknowledge that some of the areas of the Web Site may contain material that is inappropriate for minors.
License of Your Content to TalentJUG.com. By uploading content, photos or videos to, or submitting any materials for use on, the Web Site, you grant (or warrant that the owner of such rights has expressly granted) TalentJUG.com or its designee, a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world.
Submission of Ideas and/or Suggestions. TalentJUG.com is always improving its Web Site and services and developing new features, and TalentJUG.com welcomes your voluntary feedback and suggestions to help TalentJUG.com to do this. If you have ideas and/or suggestions regarding improvements or additions, TalentJUG.com would like to hear them - but any submission will be subject to these Terms and Conditions of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO TalentJUG.com, INCLUDING THEIR OFFICERS, DIRECTORS AND EMPLOYEES, AND THEIR AGENTS, BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL, DIRECTLY OR INDIRECTLY, TO THE WEBSITE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO TalentJUG.com THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY AND ORIGINALLY YOURS, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT TalentJUG.com IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY TalentJUG.com, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. This section is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any linked third party sites or services. Please refer to the terms and conditions of such sites and services to determine the rights of such third parties or service providers to such documents, information and/or data.
Linking to the Web Site. You may provide links only to the homepage of this Web Site, provided:
you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site;
you give TalentJUG.com notice of such link by sending an e-mail to privacy@talentJUG.com, and;
you discontinue providing links to this Web Site immediately upon request by TalentJUG.com. If you wish to provide links to a section within the Web Site, you should send an e-mail with your request to TalentJUG.com at privacy@talentJUG.com
Advertisers. You acknowledge and agree that this Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. TalentJUG.com will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide TalentJUG.com with true, accurate, current and complete registration information. Your registration must be completed using your real name and must contain accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. You agree to inform TalentJUG.com of any changes to your information to ensure that it is kept accurate and complete by e-mailing privacy@talentJUG.com. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. TalentJUG.com does not permit:
any other person using the registered sections under your name;
you to register for more than one (1) user account, or; (Unless you are a representative for multiple talents)access through a single name being made available to multiple users on a network.
If TalentJUG.com has reasonable grounds to suspect that your registration information is untrue, inaccurate, not current or incomplete, TalentJUG.com has the right to suspend or terminate your access to and use of the Web Site (or any portion thereof).
Responsibility for Account. You are responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration. You are also responsible for any unauthorized use of your account. If you believe there has been unauthorized use, you must notify TalentJUG.com immediately by e-mailing privacy@talentJUG.com. TalentJUG.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this and/or paragraph nineteen (19) herein, and/or any of the Terms and Conditions of Use.
Errors and Corrections. TalentJUG.com does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. TalentJUG.com does not warrant or represent that the information available on, or through, the Web Site will be correct, accurate, timely, or otherwise reliable. TalentJUG.com may make improvements and/or changes to its features, functionality or content of the Web Site at any time.
Service Modifications. You acknowledge and agree that TalentJUG.com reserves the right, at any time, to modify or discontinue (with respect to an individual user or all users) the Web Site or any associated services with or without notice to you, and that TalentJUG.com will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
Termination. You acknowledge and agree that TalentJUG.com, in its sole and absolute discretion and without cause, may, without notice to you, suspend or terminate your account or your use of, or access to, the Web Site or any of its services, and remove and discard any information or content related to such, for any reason, including, but not limited to, where TalentJUG.com believes that you have violated any of the Terms and Conditions of Use, or where your account has been inactive for any period of time. You further agree that TalentJUG.com shall not be liable to you or to any other person as a result of any such suspension or termination. Upon termination, your license to use the Web Site and/or any of its services outlined in paragraph three (3) herein shall be revoked immediately.
Third-Party Content Third-party content, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items, may appear on this Web Site or may be accessible via links from this Web Site (“Third Party Applications Software and Content”). The inclusion of, linking to or permitting the use or installation of any third party site or any Third Party Applications, Software or Content on the Web Site is for your convenience and TalentJUG.com does not investigate, monitor or check this content for accuracy, appropriateness or completeness. TalentJUG.com shall not be responsible for any third party sites accessed through, or viewed on or in, the Web Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. TalentJUG.com shall not be responsible for, and assumes no liability for, any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party sites or Third Party Applications Software and Content appearing on the Web Site. You acknowledge and agree that the information and opinions of any Web Site user, in any third party site or Third Party Applications Software and Content appearing on the Web Site represent solely the thoughts of the author and are neither endorsed by nor reflect the belief of TalentJUG.com. If you decide to leave the Web Site and access third-party sites, you do so at your own risk and you should be aware that these Terms and Conditions of Use no longer govern.
Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings with any third parties, including merchants or advertisers, found on, or through, the Web Site, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. TalentJUG.com assumes no responsibility whatsoever for any charges you, or any user of your account, incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your’s alone. You agree that TalentJUG.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
User Disputes. You acknowledge and agree that you are solely responsible for your interactions with other Web Site users. TalentJUG.com reserve the right, but have no obligation, to monitor disputes between you and other users.
Security. Please note that information sent or received over the Internet is generally not secure and TalentJUG.com cannot and does not make any representation or warranty concerning security of any communication to or from the Web Site or any representation or warranty regarding the interception by third parties of personal or other information.
DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TalentJUG.com, ITS AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS AND EMPLOYEES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TalentJUG.com DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;
ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;
THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF;
YOUR USE OF THE WEB SITE;
THE CONDUCT, INCLUDING ANY POSTINGS WHICH MAY BE OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE, OF ANY USER OF THE WEB SITE, WHETHER ONLINE OR OFFLINE, OR;
YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
TalentJUG.com DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM, OR THROUGH, THE WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
LIMITATION OF LIABILITY AND DAMAGES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TalentJUG.com BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. TalentJUG.com SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
YOUR USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT;
ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS;
YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR E-MAIL FORUMS; OR,
ANY OTHER MATTER RELATING TO THE WEB SITE, OR ANY OF THE SERVICES ASSOCIATED WITH THE WEB SITE, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, TALENTJUG.COM’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.
Unlawful Activity. TalentJUG.com reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action TalentJUG.com deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to defend, indemnify and hold harmless TalentJUG.com its affiliated, related, subsidiary and parent companies and their respective shareholders, officers, directors, contractors, employees, licensees and/or assigns (collectively the “Indemnified Party”) harmless against any and all claims, actions, suits, liabilities, damages, costs, losses, expenses, legal fees and court costs (including without limitation any infringement or misappropriation claim), which may be made or brought against the Indemnified Party or which it may suffer or incur as a result of, in respect of, in connection with or arising out of or relating to: your violation of these Terms and Conditions of Use; any third party applications; software or content you post or share on or through the Web Site; your use of the Web Site; your conduct in connection with the Web Site or with other users of the Web Site, or; any violation of any law or the rights of any third party or your violation of any rights of a third party.
Remedies for Violations. TalentJUG.com reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular IP address to the Web Site and its features.
Governing Law, Jurisdiction and Non-Waiver. The Web Site is controlled by TalentJUG.com from its offices within the Province of Ontario, Canada. By accessing or using the Web Site, you agree that all matters relating to your access to, or use of, the Web Site and/or any materials displayed or otherwise accessible through the Web Site shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to such matters. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
Arbitration. Any and all differences, disputes, claims or controversies arising out of, or in any way connected with, these Terms and Conditions of Use shall be referred to arbitration pursuant to the Arbitration Act, 1991, Ontario, except that:
to the extent that either of you or TalentJUG.com has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then both you and TalentJUG.com acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought, and;
no disputes or claims relating to any transactions you enter into with a third party through the Web Site may be arbitrated.
A party desiring arbitration hereunder shall give written notice of arbitration to the other party containing a concise description of the matter submitted for arbitration (“Notice of Arbitration”). Within ten (10) days after a party gives a Notice of Arbitration, the parties shall jointly appoint a single arbitrator (the “Arbitrator”). If the parties fail to appoint an Arbitrator within such time, an Arbitrator shall be designated by a judge of the Superior Court of Justice (Ontario) upon application by either party. The arbitration shall take place in Toronto, Ontario. The Arbitrator shall determine the appropriate procedure, in accordance with the principles of natural justice, to be followed, and determine all questions of law, fact and jurisdiction. The decision of the Arbitrator shall be final and binding upon the parties in respect of all matters relating to the arbitration, the conduct of the parties during the proceedings, and the final determination of the issues in the arbitration. There shall be no appeal from the determination of the Arbitrator to any court. The costs of any arbitration hereunder shall be borne by the parties in the manner specified by the Arbitrator in his or her determination.
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