Terms of service
Last update: October 2021
1 - Your relationship with Talentter
Welcome to Talentter.
Talentter is one of the platforms for creating and sharing short videos. You are reading the Terms of Service (the "Terms"), which govern our relationship, serve as the agreement between you and us, and set forth the terms and conditions for access to and use of the Platform and our websites (such as, without limitation, Talentter.com), services, applications, products, and other content related thereto and offered pursuant to these Terms (collectively, the "Services").
The Services are provided by the company offering the Services in your area ("Talentter" or "we").
The Services are provided by Talentter, which is registered in Switzerland and has its registered office in Geneva.
Your Service provider may change, if you move to another country and continue to use our Services. The Services are provided for private, non-commercial use. For the purposes of these Terms, the terms "you" and "your" shall be understood to identify you as a user of the Services.
The Terms constitute a legally binding agreement between you and us. Please take the time to read them carefully and if you do not agree with their contents, please do not register, access or use the Services.
2 - Description of the services
The Services and the Platform are only intended for people aged 4 and over.
You may use the Services and Platform via the upcoming Talentter mobile application ("Application") and via the Talentter website ("Website"). Certain features will only be available on the App. In addition, some Services or features may not be available in your country or region. Different features may be available in different versions of the Services. Some features are not available to users under a certain age.
The Services allow you to create, post and share short videos, view videos that other users have created and interact with those videos and with other users.
Create and share videos: specifically :
- You can record or import videos into Services.
- You can edit videos and enhance them with additional elements.
- You may also include content from other users in your videos, provided that the creator of the video in question permits the use of their content for such purposes. Other users may use your content in their videos, if you allow your content to be used for such purposes.
- You may post videos on the Services to allow other users to consume your videos. The videos you post will be publicly available on the Application and the Website.
- You may share your videos, or the videos of other users who have enabled sharing, via various instant messaging services and on social networks (e.g. Instagram, Facebook, YouTube, Twitter) in accordance with the applicable terms of service.
- You can insert a video description, tags, and various privacy settings when posting a video.
- You can insert a short biography and a profile picture in your user profile.
Consume videos: you can consume videos from other users of the Services. Specifically:
- You can consume videos that other users have shared publicly or videos from users you follow.
- The Service provides other ways to find content that you may consume, such as a list of videos that other users have posted on their profiles, a search function, and category selection.
Interact with other users: you can interact with user content and with other users. Specifically, the following interactions exist:
- Like: you can announce that you like videos.
- Comments: Depending on the users' settings, you can post comments on their videos.
- Following: You can follow users. If some users restrict access to their profile, you will only be able to follow them if they approve your request to follow them.
Limitations of the Services: We strive to offer the Services without significant interruptions and to continuously improve the Service. However, the Service may become wholly or partially unavailable at times during planned or unplanned downtime, including in the event of maintenance or technical difficulties.
3 - Accept the Terms and Conditions
By registering, accessing or using the Services, you agree that you can and will enter into a legally binding contract with Talentter that includes the Terms, that you are 4 years of age or older, that you accept these Terms and that you agree to abide by them.
Access to and use of our Services is also subject to our Community Rules, the terms of which can be found directly on the Talentter.com website. These additional guidelines and policies are incorporated by reference into this legally binding agreement between you and us.
If you are accessing or using the Services on behalf of a company or entity, then (a) the terms "you" and "your" mean that company or entity and you, (b) you represent and warrant that you are an authorized representative of the company or entity with the authority to bind the entity to these Terms, that you are accepting these Terms on behalf of the entity, and that (c) your company or entity is legally and financially responsible for your access to or use of the Services and for the access to or use of your account by other affiliates of your entity, including its employees, agents or contractors.
While we will always have a copy of our current Terms available on the Platform (including the "Last Updated" date), you must print or save a copy of the Terms locally for your records.
4 - Changes to the Terms and Services
We are constantly innovating, changing and improving the Services. We may also change these Terms from time to time, for example, when we update the functionality of the Services or when regulatory changes occur that impact these Terms or the Services.
We will provide reasonable notice, such as through a notice on our Platform, prior to any material changes to these Terms or our Services that would have a material adverse effect on you or that would substantially limit your access to or use of our Services. However, you should check the Terms regularly to see if any such changes have been made. We will also change the "Last Updated" date above in these Terms to reflect the effective date of the most recent update to the version of these Terms. Because we do not permit the use of the Services by persons who do not agree to abide by our Terms, your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services and close your account (if any).
For changes that are made to the Terms or Services to meet safety, security or regulatory requirements, we may not be able to notify you in advance of the changes, but we will notify you as soon as possible.
5 - Your account with us
To access or use some of our Services, you must create an account with us. When you create an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your contact information and any other information you provide to us so that such information is current and complete. The Terms are also available on the Platform at all times. It is important that you keep your account password confidential and not disclose it to third parties. If you know or suspect that a third party knows your password or has accessed your account, you must notify us as soon as possible in the section provided for this purpose, namely the Contact page.
6 - Termination
We reserve the right to suspend, temporarily or permanently, or terminate your user account, impose limits or restrict your access to parts or all of the Services with or without notice at any time, for any reason, including:
- if we reasonably believe that you are violating, or have objective grounds to reasonably believe that you are about to violate, the Terms, including any incorporated agreements, policies or guidelines (such as our community rules), or any applicable laws or regulations;
- if any activity occurs on your account that we believe damages or harms or could damage or harm our Services, ourselves or could infringe the rights of third parties (including intellectual property rights);
- in response to requests from law enforcement or other government agencies under the applicable legal process ;
- due to unexpected technical or security problems; or
- in case of long periods of inactivity on your account.
If we suspend or permanently terminate your user account, we will notify you in advance to allow you time to access and store your information and content, unless we have reason to believe that continued access to your account would be detrimental to our services or us, or would violate requests from law enforcement or other government agencies, laws or regulations, or the rights of third parties.
Without prejudice to your legal rights, if your account is temporarily or permanently suspended or terminated, access to your username, password and any related information or content associated with your account may be suspended or terminated. Because we do not guarantee the continued availability of your content, you should make backups of any content that is valuable to you.
If you no longer wish to use our Services, you can request deletion of your account via the features provided on the Platform. You can also contact us via the form on the Contact page and we will provide you with more information and guide you through the process of deleting your account. Please note that once your account has been suspended, you will not be able to reactivate your account or retrieve any content or information that you have added to it.
7 - Your use of the Services
Access to and use of the Services are subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not 4 years of age or older, or if you do not agree to these Terms;
- copy, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works based on the Services, including any files, tables or documents (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof unless we have expressly authorized such activities in advance;
- distribute, license, transfer or sell all or part of the Services or any derivative thereof;
- market, rent or lease the Services for a fee or charge, or use the Platform for advertising or commercial solicitation, unless we have expressly authorized such activities in advance;
- Use the Services, without our express written consent, for any commercial or unauthorized purpose, including publishing or facilitating the transmission of any advertising, commercial solicitation or spam;
- interfere or attempt to interfere with the proper working of the Services, disrupt the Platform, our Website or any network connected to the Services, or circumvent any measures we may use to block or restrict access to the Services;
- incorporate the Platform or any part thereof into another program or product, in which case we reserve the right to refuse to provide the Services, terminate accounts or limit access to the Services in our sole discretion;
- use any automated system or software, whether operated by a third party or otherwise, to extract any data from the Services for commercial purposes ("screen capture");
- impersonate any person or entity, misrepresent yourself or otherwise misrepresent yourself as being affiliated with any person or entity, including by making it appear that any content you upload, post, transmit, distribute or otherwise make available originates from the Services;
- intimidate or harass others, or promote sexually explicit material, violence or any discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another user's account, service or system without Talentter's authorization, or create a false identity on the Services;
- use the Services in a manner that may create a conflict of interest for you or us or that may interfere with the purpose of the Services, which is to exchange comments with other users and to write or solicit promotional comments;
- use the Services to upload, transmit, distribute, store or otherwise make available intentionally, recklessly or negligently :
- any file that violates or may violate any applicable law or violates the rights of another person;
- any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material;
- any unsolicited or unauthorized advertising, solicitation, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited forms of solicitation;
- any file that may or could infringe any copyright, trademark or other intellectual property right of any other person;
- any file that infringes the rights relating to the protection of privacy, the personality of another person or a deceased person ;
- any file that is defamatory to any person, or that is obscene, offensive, pornographic, hateful or hate-mongering;
- any file that could constitute, encourage or provide instructions for the commission of a criminal offence, dangerous activities or acts of self-harm ;
- any file that is deliberately designed to provoke or upset people, and in particular to persecute and intimidate, or that is intended to harass, hurt, harm, frighten, torment, embarrass or disturb people;
- any file containing any threat, including threats of physical violence;
- any file that is racist or discriminatory in nature, including discrimination based on race, religion, age, gender, disability or sexuality of others;
- any response, reaction, comment, opinion, analysis or recommendation you provide for which you are not qualified or authorized to do so;
- any file that, in Talentter's opinion, is objectionable or restricts or inhibits any other person from using the Services, which may expose Talentter, the Services or its users to damages or liability of any kind.
In addition to the above, your access to and use of the Services must, at all times, comply with our Community Rules. Please refer to the relevant page if necessary.
We reserve the right, at any time and without providing notice, to permanently or temporarily remove or suspend access to content if, in our opinion, the content violates or may violate these Terms or our community rules, the rights of third parties (including intellectual property rights), applicable laws and regulations, or if it is detrimental to the Services, our users, or third parties.
8 - Intellectual property rights
We respect intellectual property rights and we ask that you do the same. As a condition of your access to and use of the Services, you agree not to infringe the intellectual property rights of any person when using the Services. For example, you agree not to upload any content that is the property of others to the Services.
9 - Content
Content of Talentter
- As between you and Talentter, the content, text, images, illustrations, logos, patents, trademarks, service marks, copyrights, photos, audio files, videos, music and "look and feel" of the Services, the Platform and the future App and all intellectual property rights therein (the "Talentter Content") is either owned or licensed by Talentter, and it is noted that you or your licensors own any User Content (as defined below) that you upload or transmit through the Services. Use of Talentter Content or files from the Services for any purpose not expressly permitted under these Terms is strictly prohibited. Such content and files may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without our prior written permission or, where applicable, the prior written permission of our licensors. We and our licensors absolutely and unconditionally reserve all rights arising out of or in connection with the Services and Talentter Content that have not been expressly granted to such content and files.
- You acknowledge and agree that we may generate revenue, enhance our reputation or otherwise increase our value from your use of the Services, including, by way of example but not limited to, through the sale of advertisements, sponsorships, promotions, usage data and gifts, and, except as expressly authorized by us in these Terms or in another agreement you enter into with us, you shall not be entitled to receive any revenue or goodwill or value of any kind. You further acknowledge that, except as expressly permitted by us in these Terms or in another agreement you enter into with us, you (i) are not entitled to receive any income or other consideration from any User Content (as defined below) or from your use of any musical work, sound recording or audio-visual clip made available on or through the Services, including from any User Content you have created, and (ii) you are prohibited from exercising any right to monetize or obtain consideration for any User Content available on the Services or on any third party service (including but not limited to YouTube, Facebook, Instagram, Twitter or any other social networking platform) to the extent that such User Content has been edited or otherwise modified through the Services (including through the use of Talentter Elements (as defined below)).
- Without prejudice to these Terms, we grant you a non-exclusive, limited, non-transferable, revocable, worldwide, non-sublicensable license to access and use the Services, including to download the Platform to an authorized device and to access the Talentter Content solely for your personal, non-commercial use and through your use of the Services and in accordance with these Terms. We reserve all rights not expressly granted herein with respect to the Services and the Talentter Content. You acknowledge and agree that upon termination of your account or these Terms, this license granted to you under the Services will automatically terminate.
- No rights are granted to you under these Terms in respect of sound recordings (and musical works incorporated therein) which are made available on or through the Services.
- You acknowledge and agree that when you post content provided by others on the Services, you do so at your own risk. The content provided on our Services is provided for informational purposes only. It is not intended to constitute advice on which you should rely. You should seek professional advice before taking, or refraining from taking, any action based on the content available on the Services.
- We make no representations, warranties or assurances, express or implied, that any Talentter Content (including User Content) is accurate, complete or current. Where the Services contain links to other sites and resources provided by third parties, these links are provided for informational purposes only. We have no visibility or control over the content accessible through these sites or resources and you acknowledge and agree that we are not responsible for such content. These links should not be construed as an endorsement by us of the linked websites or the information you may obtain on or through them. You acknowledge that we have no obligation to pre-screen, monitor, review or edit any content posted by you and other users on the Platform (including User Content).
- Users of the Services may be permitted to upload, post or transmit (e.g., via a feed) or make available content through the Services, including, but not limited to, text, photographs, user videos, sound recordings and musical works embodied therein (including videos that incorporate sound recordings saved locally in your personal music library and ambient sounds) uploaded to or made available through the Services ("User Content"). You acknowledge and agree that users of the Services may also extract all or part of the User Content that you have uploaded or otherwise made available to others through the Services in order to produce other User Content, including User Content produced in collaboration with other users that combines and intersperses with User Content generated by you and other users.
- Whenever you access or use any feature that allows you to upload or transmit User Content through the Services (including through certain third-party social networking platforms such as, but not limited to, YouTube, Facebook, Instagram or Twitter), or to engage with other users of the Services, you must comply with the standards set forth in Section 7 above. You may also choose to upload or transmit your User Content, including User Content that includes Talentter Items, to platforms or sites hosted by third parties. If you choose to do so, you must comply with their content guidelines and the standards set forth in this Section 9 above. You warrant that any such contribution meets these standards, and you will be liable to us and indemnify us for any breach of this warranty. This means that you will be responsible for any loss or damage we suffer if you breach this warranty.
- All User Content will be considered non-confidential. You may not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary to another person. When you submit User Content through the Services, you agree and represent that such User Content is owned by you, or that you have obtained all necessary permissions (including any necessary licenses), approval or authorization from the owner of any content item in order to display such User Content on the Services, to transmit it from the Services to other third party platforms, and/or to use such User Content on or through the Services.
- If you own only the rights to an audio recording, but not the rights to the musical works embodied in the audio recording, then you must not upload or make available that audio recording through the Services unless you have all the permissions (including any necessary licenses), agreement or permission of the owner of any of the content to display it on the Services.
- Except as otherwise provided in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content through the Services, you hereby (i) grant to us and our affiliates, agents, service providers, partners, and other connected third parties an unconditional, irrevocable, nonexclusive, royalty-free, fully transferable (including by way of sub-license), perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit, and/or distribute and permit other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, create derivative works from, publish and/or transmit your User Content in any format and on any platform, now known or hereafter developed; (ii) you grant other users of the Services an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, upload, publish and/or transmit and/or distribute all or part of your User Content in any format and on any platform, now known or hereafter devised for the purpose of generating further User Content or viewing your User Content for entertainment or other private, non-commercial purposes.
- In addition, you grant us and our affiliates, agents, service providers, partners and other connected third parties a royalty-free license to use your username, image, voice, and likeness to identify you as the source of your User Content.
- For the avoidance of doubt, the rights granted in the foregoing paragraphs of this Section include, but are not limited to, the right to reproduce the Audio Recordings (and make mechanical reproductions of the musical works embodied in such Audio Recordings), and to publicly perform and transmit the Audio Recordings (and the musical works embodied therein) to the public, all on a royalty-free basis. Cela signifie que vous nous accordez le droit d'utiliser votre Contenu de l'utilisateur sans que nous soyons obligés de vous verser des redevances ou d'en verser à un tiers, y compris mais pas uniquement, à un détenteur des droits d'auteur d'un enregistrement audio (par exemple, une maison de disques), à un détenteur des droits d'auteur d'une œuvre musicale (par exemple un éditeur de musique), une organisation de gestion des droits d'auteurs (par exemple, l'ASCAP, BMI et SESAC, etc.), (a "PRO") a copyright management organization for audio recordings (e.g., SoundExchange), a union or syndicate, and any engineer, producer or other rights holder who may be involved (knowingly or unknowingly) in the creation of the User Content.
Specific rules for musical works and for performers and songwriters.
If you are the composer or author of a musical work and you are affiliated with a copyright management organisation, you must notify that organisation that you are granting us a free licence under these Terms for your User Content. You are responsible for ensuring that you comply with the reporting requirements of the copyright management organisation and any other terms of that organisation that are applicable to you. If you have assigned your rights to a music publisher, then you must obtain the music publisher's permission to assign the free licence(s) set out in these Terms applicable to your User Content or you must procure that the music publisher agrees to these Terms. Just because you have created a musical work (for example, you wrote a song) does not mean that you have the right to grant us the licenses in these Terms. If you are a performer and songwriter under contract with a record company, then you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have to your record company, including if you create new recordings through the Services to which your record company may claim rights.
Rights provided directly to the public.
Any rights you grant in your User Content under these Terms are provided directly to the public, which means that the owners or operators of third party services will have no liability to you or any other third party arising out of or in connection with such availability of your User Content via third party services.
Waiver of rights in User Content.
By posting User Content on or through the Services, you waive any right to pre-inspection or approval of any marketing or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) all rights of privacy, publicity, or other such rights in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any moral rights you may have in or to User Content that you upload or make available through the Services, or to support, maintain or authorize any legal action based on such moral rights.
You acknowledge and agree that, in certain circumstances, we also have the right to disclose your identity to any third party who claims that any User Content posted or uploaded by you to our Services violates their intellectual property rights, or their privacy rights.
We reserve the right, or we reserve the right of authorized third parties to trim, crop, edit or refuse to publish your content in our sole discretion. We have the right to remove, refuse to accept, block or delete any publication you have posted on our Platform if, in our opinion, your publication does not comply with the content standards set forth in Section 7 (Your Use of Our Services) above. In addition, we have the right, but not the obligation, in our sole discretion, to remove, ban, block or delete any User Content (i) that we believe does not comply with these Terms, or (ii) in response to complaints from other users or third parties, without our having to provide any notice to you and without any liability to you. Therefore, we recommend that you save copies of any User Content you post on the Services on your personal device(s) in case you wish to have guaranteed, permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable for any User Content.
You control whether your User Content is made public on the Services to all other users of the Services or only to certain people you approve. To change the default access setting that determines how other users can access your User Content, you must access the privacy setting available on the Services and follow the simple steps clearly outlined.
We will not be responsible for any content or information submitted by users of the Services that we post, or that is posted on our behalf, on any Service or elsewhere by third parties.
If you wish to complain about certain information and files uploaded by other users, or for any other question you wish to ask us, please contact us on the page provided for this purpose, the Contact page.
While our own staff continually works to develop and evaluate our own ideas and features for our products, we pride ourselves on paying close attention to the interests, impressions, comments, and suggestions we receive from the user community. If you wish to contribute by sending us or our employees ideas for products, services, features, modifications, enhancements, content, technological improvements, content offerings (such as, but not limited to, audio, video, games, or other content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other files (collectively, "Feedback"), then regardless of the message accompanying your contribution, the following terms will apply so that the status of that Feedback is clearly understood by both you and us. Accordingly, by sending us a Comment, you agree that:
- we are under no obligation to review, investigate, or act upon your Comments, or to return to you all or any part of any Comments for any reason;
- the Comment is provided on a non-confidential basis, and we are under no obligation to maintain the confidentiality of any Comment you send to us or to refrain from using or disclosing such Comment in any way; and
- you irrevocably grant us an unconditional, non-exclusive, royalty-free, fully transferable (including by way of sub-license), perpetual, worldwide license to adapt, reproduce, distribute, create derivative works from, modify, publicly perform (including directly to the public) and make available transmit to the public and use and exploit the Comments and their derivatives for any purpose whatsoever and without restriction, free of charge and without attribution of any kind, including formulating, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody any Commentary, in whole or in part, and, if so, whether the Commentary has been provided or modified
10 - Compensation
You agree to defend, indemnify and hold harmless Talentter and its parent, subsidiaries and affiliates, and each of their directors, employees, agents and advisors from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses), arising out of your (or any other user's) failure to use your account to access any of the Services, or arising out of your breach of any of your obligations, representations and warranties.
11 - Exclusion of warranties
Nothing in these Terms shall affect any statutory rights which: (i) you cannot contractually agree to change or cancel; and (ii) you are still legally entitled to as a consumer.
The Services are provided on an "as is" basis and we make no warranties or representations to you regarding the Services. Specifically, we do not represent or warrant to you that:
- your use of the services will be in accordance with your requirements;
- your use of the services will be uninterrupted, timely, secure or error-free;
- the information you obtain in connection with your use of the Services will be accurate or reliable or free of errors; and
- problems with the operation or functionality of any software provided to you as part of the Services will be corrected.
To the extent permitted by applicable law, no conditions, warranties or other terms (including any implied conditions as to satisfactory quality, fitness for a particular purpose or description) apply to the Services except to the extent expressly stated in the Terms. We may change, suspend, discontinue or limit the availability of all or part of our platform for business and operational reasons at any time without notice.
12 - Limitation of liability
Nothing in these conditions shall exclude or limit our liability for losses which cannot be legally excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors and for fraud or misrepresentation.
- without prejudice to the above paragraph, we shall not be liable to you whether in contract, tort (including negligence), under any statute or otherwise in accordance with or in connection with these Terms or in connection with the provision or receipt of the Services for: (i) any loss of profit (ii) damage to reputation; (iii) loss of opportunity; (iv) loss of data; (v) loss of business; (vi) business interruption; (vii) loss of business reputation; or (viii) any indirect or consequential loss of any kind.
- without prejudice to the first paragraph of this section 12, our total aggregate liability whether in contract, tort (including negligence), under any statute or otherwise in accordance with or in connection with these Terms and Conditions and in connection with the provision or receipt of the Services shall be limited to the greater of the following amounts: (i) the amount You have paid to Talentter in the 12 months immediately preceding Your claim against Talentter; or (ii) €100.00.
- you acknowledge and agree that without prejudice to the first paragraph of section 12, we shall not be liable to you whether in contract, tort (including negligence), under any statute or otherwise for any liability, loss, expense (including legal fees), claim for reimbursement or damages for costs which may be incurred by you or any other person arising out of or in connection with: reliance by you on the completeness, accuracy or existence of any advertising or resulting from any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; any changes we may make to the Services, or for any temporary cessation in the provision of the Services (or certain features of the Services) ; the deletion, corruption, or failure to store any content and other communications data stored or transmitted on or through your use of the Services; your failure to secure and maintain the confidentiality of your account login or password.
- please note that we only provide our platform for domestic and private use. You agree not to use our platform for commercial or business purposes unless we have provided express written consent.
- if the defective digital content we have provided to you damages a device or digital content owned by you and this is due to our failure to exercise reasonable care and attention, then we will repair the damage caused (in which case you will be required to follow our instructions to send the device to us or to our service providers) or compensate you. However, we will not be liable for any damage that you could have avoided if you had applied an update that was offered to you free of charge according to our advice or for damage caused by you not following the installation instructions correctly or not having the technical specifications that we recommended.
- these limitations of our liability to you will apply even if we have been advised or should have been advised of the possibility of such losses.
- you are responsible for any mobile phone charges that may apply to your use of our services, including for texting and data transmission. If you are in any doubt as to the amount of these charges, you should contact your telephone provider before using the services.
13 - Legal information
The Talentter platform which offers the following url's, www.Talentter.com is provided and controlled by Wall Street Web SARL whose registered office is located in Vernier, Chemin J.-Ph.-De-Sauvage 37, 1219 Châtelaine in Switzerland with the IDE number CHE-155.503.825
14 - Other Conditions
- Applicable law and jurisdiction.
- Residents of the EEA and Switzerland. These Terms and any claim (including non-contractual disputes or claims) arising out of or relating to them shall be governed by and construed in accordance with Irish law without prejudice to any mandatory law applicable in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods and any other such law, regulation or rule in force in any other jurisdiction shall not apply. You and Talentter agree that the Irish courts shall have non-exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation, without prejudice to any mandatory law applicable in the country in which you reside or choice of court provisions which cannot be varied by contract. Alternatively, you may refer the dispute to another dispute resolution body through the EU Commission's Online Dispute Resolution (ODR) Platform.
- Residents of the United Kingdom. These Terms and Conditions and any claim (including non-contractual disputes or claims) arising out of or relating to them shall be governed by and construed in accordance with the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods and any other such law, regulation or rule in force in any other jurisdiction shall not apply. Talentter and you irrevocably agree that the English and Welsh courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. Alternatively, you may refer the dispute to another dispute resolution body through the EU Commission's Online Dispute Resolution (ODR) Platform.
- Entire Agreement. These Terms (including the Additional Terms below) constitute the entire legal agreement between you and Talentter and supersede all previous applicable Terms governing the Service prior to the Last Updated date indicated above.
- No Waiver. Our failure to insist on the enforcement of any provision contained in these Terms (or to exercise any other right or remedy under these Terms) shall not be construed as a waiver of any provision or right contained in these Terms, nor shall it preclude or restrict the further enforcement of the relevant right or remedy or any other right or remedy.
- You are responsible for configuring your information, computer programs and platform with which you access the Platform. You should use your own virus protection software.
- Severability clause. If a court having jurisdiction over the matter finds any provision contained in these Terms to be invalid, then that provision shall be severed from the Terms without affecting the remainder of the Terms, and the remaining provisions of the Terms shall remain valid and enforceable.
- Do you have any questions? Please contact us via the form at the URL on the Contact page.
- Consequences of Termination. In the event of termination of the legally binding agreement between you and us, the following provisions of the Terms shall survive termination of the agreement:
- Our right to use and disclose Feedback as set forth in Section 9
- The rights of other users to republish User Content and any other information you have shared through the Services to the extent you have done so prior to termination
- All amounts you owe to Talentter
- Headings 10, 11, 12 and 13.