What You Agree To - Terms Of Use
NOTE: "TalentSoup", "Creative Commissary", and "Company" may be used interchangeably throughout this website. TALENT: IF YOU HAVE AN EXCLUSIVE CONTRACT WITH YOUR AGENT, AND YOU WERE NOT INVITED TO TALENTSOUP BY YOUR AGENCY, PLEASE NOTE: TALENTSOUP IS A BROKER, NOT AN AGENCY. So we bring work to you, not your agent, unless you are managed by them inside our site. Any booking / revenue-sharing agreements you have are outside of any relationship and agreement you have with TalentSoup when we bring you a paying project and you agree to the terms. DO NOT VIOLATE ANY BINDING AGREEMENTS YOU HAVE WITH YOUR AGENCY IF IT INCLUDES EXCLUSIVITY OR LIMITS YOUR ABILITY TO FIND WORK ON YOUR OWN. Its not worth it for anyone involved. If you are comfortable with how we work, read on....
READ AND UNDERSTAND THIS INFORMATION, PLEASE. LETS GET ON THE SAME PAGE ABOUT HOW WE CAN WORK TOGETHER, OPERATING FROM A POSITION OF PROFESSIONALISM, TRUST AND EFFECTIVENESS.
THE FOLLOWING DESCRIBES TERMS UNDER WHICH TALENTSOUP OFFERS YOU ACCESS TO ITS SERVICES.
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ALL OR ANY PORTION OF ONLINE or OFFLINE SERVICES / WEBSITE/ SOFTWARE YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU. IF YOU DO NOT AGREE TO TERMS OF THIS AGREEMENT, DO NOT USE WEBSITE / ONLINE SERVICES / SOFTWARE. THIS DOCUMENT IS COPYRIGHT CREATIVE COMMISSARY, LLC, ALL RIGHTS RESERVED 2024.
TalentSoup accepts profiles for people of all ages (babies to grandparents) and all levels of experience. Minors (17 and under) must obtain permission from their parent or guardian. Babies, have someone register for you. By agreeing to TalentSoup's terms of service you are stating that you are 18 years of age or older, or if you are between ages of 0 and 17, that a parent or guardian is aware of and has given permission to you to use TalentSoup's website.
You must review this Terms of Service if you want to become a TalentSoup member. By using any part of our site, you are agreeing to these Terms of Use. By clicking on the "I Agree" / "Sign Me Up" button and/or otherwise using TalentSoup Website you agree to terms, conditions, notices and guidelines contained in this Terms of Use Agreement and, where applicable, you represent that you have obtained permission from your parent or guardian. You also agree to provide accurate, complete and timely information about yourself. Should your information be false or misrepresentative, damages may apply and you could be held liable. Misrepresentation includes demographic information, physical characteristics and / or geographic location.
Please be advised that we may amend this Agreement at any time by posting amended terms on our site. Amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on January 17, 2019.
1. DESCRIPTION OF SERVICE
TalentSoup provides a variety of free and paid online services including but not limited to professional directories, online portfolios, and talent profiles, accessible through various URLs including but not limited to https://talentsoup.com and possibly affiliate sites ("TalentSoup Web Site", "this Web Site", "TalentSoup resources", "services"). Services are usable by all registered users and may be viewed by registered users, with exception of some paying services that are limited to clients only but may be viewed by registered clients and their invited guests. Only authorized Clients (photographers, advertising professionals, etc.) (hereinafter "Clients") may be able to view your online portfolio, unless, where applicable, you indicate TalentSoup is authorized to view your images / work on a publicly accessible area of website, or you willingly share your Webcomp portfolio link with outside services.
TalentSoup is not a Talent Agency but a service provider and broker in the talent industry. TalentSoup does not represent you or its members as an agent, manager or otherwise, and is not guaranteeing any review, booking, employment or placement of any kind. By signing up for our free Entry or paid Pro talent listing, you are agreeing to post your online profile on TalentSoup and access various TalentSoup services VOLUNTARILY. Your TalentSoup portfolio may be seen by Clients who use TalentSoup's services. Registered Clients who use TalentSoup's services may be charged a commission or fee related to their use of TalentSoup services. TalentSoup talent members can participate for free and are under no obligation to participate. Members may be charged for subscriptions that they volunteer for, a percentage of booking fees (from work received while a talent member of TalentSoup), or other services offered, while a registered talent member of the Website. TalentSoup does not offer ANY GUARANTEES FOR WORK, PROJECTS OR CASTINGS, directly related to any member's future employment, and TalentSoup reserves right to take commissions or or fees from its Registered Clients and Talent Members in connection with any employment, or contract for hire, a talent member might obtain.
Creative Commissary, LLC, and it's brand TalentSoup, do not represent talent nor does the Company act as a talent agency. As stated above, the Company is a broker of models, actors and real people from a variety of sources. Talent, and / or their representing agency inside the system, are in complete control over the decision to participate in various castings managed by, and served by, the Company. The Company is not an employment agency, nor does it employ talent from within the system. As the Company is not engaged in employment of talent, it is not subject to various Federal protections of certain classes of people. If the Company were engaged in employment of talent as an employment agency or acting as a talent agency, certain Federal entities would demand the following be posted in the Terms of Use:
TalentSoup does not discriminate on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information in the talent it represents.
Because the Company is not representing talent, but acting as a broker and portfolio hosting site, the above paragraph is not needed. It should be pointed out that registering with the Company, through TalentSoup or any future brands owned by the Company, is welcome for any and all humans. The Company does not discriminate against anyone who wishes to register with the Company provided the registration requirements are met.
2. REGISTRATION OBLIGATIONS
In order to use TalentSoup's resources, you must obtain access to World Wide Web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with World Wide Web.
By using any of TalentSoup's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by service's registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. TalentSoup reserves the right to suspend or terminate your account if you violate above, or TalentSoup has reason to believe that you have violated above. If you are suspended or terminated, you have no recourse.
3. AGE REQUIREMENT
TalentSoup accepts as members people of all ages (babies to grandparents) and all levels of experience (models, actors and inexperienced "real" people). Minors (17 and under) must obtain permission from their parent or guardian. By agreeing to TalentSoup's terms of service you are stating that you are 18 years of age or older, or if you are between ages of 0 and 17, that a parent or guardian is aware of and has given permission to you to use TalentSoup's website. Your use of TalentSoup services, if you are between the ages of 0 and 17, implies you've obtained parent / guardian permission. If you are very young, it's likely the person creating your portfolio is your parent so rest easy.
4. MEMBER PRIVACY
,International Resident Rights: If you are a resident of the European Economic Area, or any other country providing it's residents the rights substantially similar to the GDPR, DO NOT REGISTER WITH TALENTSOUP OR ANY OTHER CREATIVE COMMISSARY BRAND. THE COMPANY DOES NOT RECOGNIZE THE LEGAL DEMANDS OF GDPR. CREATIVE COMMISSARY LLC IS A GEORGIA, U.S.A CORPORATION AND MEETS OR EXCEEDS U.S. LAW AND INDUSTRY ACCEPTED GUIDELINES FOR PRIVACY AND PERSONAL INFORMATION SECURITY.
It is TalentSoup's policy to respect and defend the privacy of its clients and talent members. TalentSoup will not disclose any personal information about you or your TalentSoup account, including its contents, without your prior permission unless TalentSoup has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend rights of TalentSoup; 3) enforce TOU; 4) required regarding potential for employment/booking or 5) act to protect interest of its members, 6) fulfill the business strategy of Creative Commissary, LLC. TalentSoup reserves the right to provide certain anonymized user information in aggregate form to third parties, including advertisers, for demographics.
However, you agree that TalentSoup may access your account, including its contents, as stated above or to respond to service or technical issues.
5. MEMBER CONDUCT
You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or or materials (hereinafter "content"), where publicly posted or privately transmitted are the sole responsibility of person from which such content originated. This means that you, and not TalentSoup, are entirely responsible for all content that you upload, post, or otherwise transmit via any of TalentSoup's services. TalentSoup does not control content posted on its services and therefore does not guarantee its accuracy, integrity or quality. Opinions and views expressed by TalentSoup's members or visitors do not necessarily represent those of TalentSoup.
You acknowledge that all of your images, content, media and or information has been cleared by you of any Copyright issues / permissions and you are fully authorized to use said images, content, media and or information in manner requested by TalentSoup. If any images, content, media or or information is deemed to be in violation of a Rights Agreement, you will be held fully responsible for all damages and remedies. You agree not to hold TalentSoup liable for any damages related to your misuse.
TalentSoup reserves right to modify or remove any content submitted to its service and to cancel any free, or paid, membership, at any time, for any reason and without prior notice. In addition, TalentSoup, in its sole discretion, may terminate your account including accounts of registered clients, or block your access to certain member features including but not limited to member forums, for violation of letter or spirit of TOU.
You agree to notify TalentSoup immediately of any unauthorized use of your account or any or breach of security.
The following is a non-exclusive list of actions and content that are prohibited on TalentSoup's site:
(a) Any use of copyrighted, trademarked, patented, or otherwise service marked material without express permission of author or owner, commission of any acts of copyright, trademark or any or intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy
(b) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. TalentSoup reserves right to report violations of this provision to, and will cooperate with, law enforcement authorities;
(c) harming of minors in any way;
(d) manipulation of identifiers in any way in order to disguise origin of any content transmitted through TalentSoup's services or develop restricted or password-only access pages, or hidden pages or images;
(e) uploading, posting or transmission of any material that contains software viruses or any or computer code, files or programs designed to interrupt, destroy or limit functionality of any computer software, hardware or telecommunications equipment;
(f) intentionally or unintentionally violating any applicable local, state, national or international law;
(g) collection or storage of personal data about or users;
(h) impersonating any person or entity, including but not limited to, a TalentSoup employee, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;
(i) uploading, posting or otherwise transmitting any content that you do not have right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any or form of solicitation;
(k) disrupting normal flow of dialogue, causing a screen to "scroll" faster than or users of service are able to type, or otherwise acting in a manner that negatively affects or users' ability to engage in real time exchanges;
(l) having multiple TalentSoup portfolios with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio (living individual seeking talent employment on a full-time or part-time basis on his or her own behalf);
(m) taking any action which imposes an unreasonable or disproportionately large load on TalentSoup Web Site's infrastructure;
(n) if you have a password allowing access to a non-public area of TalentSoup Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
(o) notwithstanding anything to contrary contained herein, using or attempting to use any engine, software, tool, agent or or device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search TalentSoup Web Site or than search engine and search agents available from TalentSoup on this Web Site and or than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or
(p) attempting to decipher, decompile, disassemble or reverse engineer any of software comprising or in any way making up a part of TalentSoup Web Site.
6. CONTENT SUBMITTED TO TALENTSOUP
TalentSoup does not claim ownership of Content you place on your TalentSoup Portfolio or in or sections of TalentSoup Site. By submitting Content to TalentSoup for inclusion on your TalentSoup Portfolio or in other sections of TalentSoup Site, you grant TalentSoup world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Content solely for purpose of displaying, distributing and promoting your TalentSoup Portfolio and/or TalentSoup section your portfolio is listed in and/or your content on TalentSoup's Internet properties. This license exists for as long as you continue to be a TalentSoup member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from TalentSoup of removal of your content. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating rights of others and agree that your use of TalentSoup and its services will comply with this Terms of Use Agreement without violating rights of others.
7. CHARGES AND BILLING
TALENTSOUP MEMBERSHIP IS FREE AND DOES NOT OBLIGATE YOU TO ANY UPFRONT FEES OR CHARGES. SERVICES ARE OFFERED, FOR A FEE, ON A VOLUNTARY BASIS TO CERTAIN MEMBERS. IF TALENTSOUP IS ABLE TO PUT YOU TO WORK IN A PAYING PROJECT, A BROKERAGE FEE MAY BE ASSESSED AGAINST YOUR PORTION OF THE FEE. YOU MAINTAIN COMPLETE CONTROL AND THE DECISION TO PARTICIPATE IS ALWAYS AT YOUR DISCRETION. NO STRINGS, NO OBLIGATION.
TalentSoup charges models / talent for some services associated with building and casting the talent profile for potential work. TalentSoup reserves the right to change its fees or billing methods at any time. Where TalentSoup changes its fees or billing methods notice will be provided at least thirty (30) days in advance by email and/or by posting a notice on public access areas of TalentSoup Web site.
You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, or members, or your family or friends. No refunds or partial (pro-rated refunds) are offered.
REFUNDS
TalentSoup does not prorate or refund monthly subscription fees, should you cancel mid-billing. If you subscribe to a paid service within TalentSoup, your credit card is billed monthly on the day you signed up. Once you cancel your subscription (SEE YOUR "MY ACCOUNT" TAB TO DOWNGRADE to a free, Entry account), your credit card will no longer be billed automatically BUT NO REFUNDS ARE ISSUED.
In addition, items may be subject to charges, fees, and/or payment terms other than as described herein; such charges, fees, or or terms will, however, be described in connection with product, service, or or offerings to which such charges, fees, and/or terms relate.
You can update or correct your contact and billing information at any time. Just as you want to make sure that information TalentSoup has about you is accurate, we want to keep only most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can go to 'Brand' tab, once you have logged in to your registered account to make necessary changes.
8. SPECIAL WARNINGS FOR INTERNATIONAL USE
Due to the global nature of Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding transmission of technical data exported from United States or country in which you reside. Note: AS STATED IN THE ABOVE, TalentSoup does NOT comply with GDPR. If you reside in a country that does require GDPR compliance, use at your own risk.
9. INDEMNIFICATION
You agree to indemnify and hold TalentSoup, and its parents, subsidiaries, affiliates, officers, or partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of service, your connection to service, your violation of TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of service, use of service or access to service.
11. NO GUARANTEE OF SERVICE
TalentSoup provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use services at times or locations of their choosing. Specifically TalentSoup reserves right at any time to modify or discontinue temporarily service (or any part of service) with or without notice. You agree that TalentSoup should not be liable to you or to any third party for any modification, suspension or discontinuance of service.
12. ADVERTISEMENTS AND PROMOTIONS
TalentSoup reserves right to run advertisements and promotions on TalentSoup sites. By creating your TalentSoup profile, you agree that TalentSoup has right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with advertisers and ir promotions found on or through service, including payment and delivery of related goods or services are solely between you and advertiser. You agree that TalentSoup shall not be responsible or liable for any loss or damage of any sort incurred as result of any such dealings or as result of presence of such advertisers on service.
13. LINKS
Links to World Wide Web and or resources may be available through TalentSoup's services. Because TalentSoup has no control over such sites and resources, you acknowledge and agree that TalentSoup is not responsible for availability of se resources and does not endorse any of content, products, advertising or any or materials on or available from such sites or resources. Accordingly, you acknowledge that TalentSoup is not liable for any loss or damage which occurs as a result of using or relying on content, goods and services found on se or sites.
14. DISCLAIMER OF WARRANTIES
MEMBER AGREES THAT USE OF THIS SITE IS ENTIRELY AT MEMBER'S OWN RISK. SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO FULLEST EXTENT PERMITTED BY LAW. TALENTSOUP ALSO DISCLAIMS ANY WARRANTIES FOR SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF SITE TO FULLEST EXTENT PERMITTED BY LAW. TALENTSOUP DISCLAIMS ANY WARRANTIES FOR OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH SITE OR THROUGH ANY LINKS PROVIDED IN SITE. NEIR TALENTSOUP NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH SITE.
(b) TALENTSOUP MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT RELIABILITY, OR ACCESSIBILITY OF MEMBER PAGES OR ASSOCIATED STORAGE FACILITIES. TALENTSOUP IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF IR PAGES.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
16. NOTICE
Notices to you may be made via public blog posts, phone, email, social media, other communication channels or regular mail. Service may also provide notices of changes to TOU or or matters by displaying notices or links to notices to you generally on service.
17. GENERAL INFORMATION
This Terms Of Service / Use constitutes the entire agreement between you and Creative Commissary LLC and governs your use of service, superseding any prior agreements between you and Creative Commissary (including, but not limited to any prior versions of TOU). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. TOU and relationship between you and Creative Commissary shall be governed by laws of State of Georgia, and United States of America, without regard to its conflict of law provisions. You and Creative Commissary agree to submit to personal and exclusive jurisdiction of courts located within State of Georgia, USA.
Failure of the Company to exercise or enforce any right or provision of TOU shall not constitute a waiver of such right or provision. If any provision of TOU is found by a court of competent jurisdiction to be invalid, parties never the less agree that court should endeavor to give effect to parties' intentions as reflected in provision, and or provisions of TOU remain in full force and effect. You agree that, regardless of any statute or law to contrary, any claim or cause of action arising out of, or related to, use of service, or TOU, must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Section titles in TOU are for convenience only and have no legal or contractual effect.
18. VIOLATIONS
Please report any violations of TOU to Creative Commissary via email at info@TalentSoup.com
19. COPYRIGHT COMPLAINTS
TalentSoup respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
20. OTHER BUSINESSES
Parties other than TalentSoup may provide commodities or services through the site, offline and online marketplace. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. TalentSoup does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, COMMODITIES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TALENTSOUP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TALENTSOUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, THIRD PARTY SERVICES OR COMMODITIES) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TALENTSOUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TALENTSOUP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TALENTSOUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALENTSOUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
UNDER NO CIRCUMSTANCES SHALL TALENTSOUP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF SITE OR RELIANCE ON SITE. TALENTSOUP DOES NOT GUARANTEE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PAYING OR EXPERIENCED MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON TALENTSOUP, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY EXPERIENCED MEMBERS OR AND / OR THIRD PARTY. TALENTSOUP DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING EXPERIENCED MEMBERS, WILL USE TALENTSOUP WEBSITE PROPERLY OR IN COMPLIANCE WITH TERMS AND CONDITIONS APPLICABLE TO MEMBER. TALENTSOUP DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF TALENTSOUP. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TALENTSOUP IS CANCELLATION OF YOUR ACCOUNT AS DETAILED IN THIS AGREEMENT OR TERMINATION OF YOUR USE OF TALENTSOUP. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF TALENTSOUP HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER DAMAGES ARISE FROM USE OR MISUSE OF SITE OR RELIANCE ON SITE, FROM INABILITY TO USE SITE OR FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SITE OR SERVICES OFFERED ON SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO PERFORMANCE OR NON-PERFORMANCE OF SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SITE. SERVICE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. APPLICABLE LAW
By visiting TalentSoup.com, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TalentSoup.
23. DISPUTES
Any dispute relating in any way to your visit to TalentSoup.com or to products or services sold or distributed by TalentSoup or through TalentSoup.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Chatham County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.
24. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to TalentSoup.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR MAILING ADDRESS
Creative Commissary, LLC
1713 Wilmington Island Rd.
Savannah, GA 31410
www.talentsoup.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TalentSoup.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying TalentSoup that your copyrighted material has been infringed.
Creative Commissary's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
TalentSoup, a Creative Commissary, LLC brand
Attn. Don Leonard
AFP
11400 Atlantis Place, Suite 100
Alpharetta, GA 30022
(866) 280-3491
e-mail: info@talentsoup.com