Terms and Conditions of Use

Welcome to TalentCulture! These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via talentculure.com, via the @talentculture Twitter account, mobile phone and RSS feeds.

In these terms and conditions, when we say the “TC Site” we mean the digital information network operated by or on behalf of TalentCulture LLC or its parent companies, subsidiaries and affiliates (collectively “TalentCulture”), regardless of how you access the network. However you access the TC Site, you agree to be bound by these terms and conditions.

1. Registration

You may become a registered blogger by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers and all activities that occur under your account. For users that are not blogging, no submission of registration is required and we do not request, store, or use any personal information other than as necessary to meet any requests or respond to any communications.

By registering as a blogger, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the TC Site;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the TC Site; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others.

2. Termination of Account

If you no longer wish to have a registered account, you may terminate your account by sending an email to admin@TalentCulture.com. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the TC Site. Continued use of the TC Site indicates your continued acceptance of these terms and conditions. If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of TC Site immediately and without prior notice.

3. Use of Material appearing on the TC Site

Your use of the TC Site is for your own personal and non-commercial use only. You acknowledge that, as between TalentCulture and you, except for Contributed Content, TalentCulture is the sole owner of all content on the TC Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the TC Site (“TalentCulture Content”). The TC Site and the TalentCulture Content are protected by the copyright laws and other intellectual property laws of the United States and are protected globally by applicable international copyright treaties.

You may download and print extracts from the TC Site for your own personal and non-commercial use only, provided you retain any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any TalentCulture Content for any other purpose without our prior written approval. Except as expressly authorized by TalentCulture in writing, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the TC Site. If you wish to use our content other than as permitted by these terms and conditions, please contact us at info@talentculture.com.

4. User Contributed Content

Users (including Bloggers) of our site may be permitted to submit content for publication in various areas of the TC Site. Interactions with our site are governed by our User Contribution Guidelines, which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content, submit blog posts or comments to the TC Site (collectively, “Contributed Content”).  If for any reason you feel that any Contributed Content on the site may infringe yor copyright or otherwise incorporate your copyrighted works, please see our DMCA Notice.

When you submit Contributed Content to us, you agree and represent that you have created that Contributed Content, or you have received permission from, or are authorized by, the owner of any part of the Contributed Content to submit it to the TC Site. Furthermore, in the event that you elect to post the identical Contributed Content on a third party site, you agree to include a link to the original posting of such content on the TC Site along with the notation “First published by [insert TC Site link] on [date of publication on TC Site]”.

You or the owner of the Contributed Content still own the copyright in the Contributed Content sent to us, but by submitting Contributed Content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your Contributed Content in any format and on any platform, either now known or hereinafter invented, provided that such third party publication includes full attribution of such Contributed Content to you. Furthermore, for users that are bloggers or guest bloggers that elect to submit Contributed Content, TalentCulture reserves the right to reproduce blogger biographical information and accompanying pictures or photographs of the blogger on the TC site and in TalentCulture’s marketing and promotional materials.

You acknowledge and agree that when you post Contributed Content on the TC Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that Contributed Content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of TalentCulture, and we do not support or endorse any user Contributed Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you or other users on the TC Site. We reserve the right to cut, crop, edit, correct or refuse to publish, your Contributed Content at our sole discretion. We may remove your Contributed Content from the TC Site at any time.  In the event that you wish to remove your Submitted Content, you may email your request to TalentCulture at info@talentculture.com.  TalentCulture reserves the right to remove or revise your Submitted Content at its exclusive discretion.

You warrant that the Contributed Content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the Contributed Content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.

If you are under 16, you confirm that you have permission of your parent or TalentCulture to submit content.

5. Privacy

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy.

6. Changes and Updates

From time to time, TalentCulture may change these terms and conditions at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the TC Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted the updated terms if you continue to use the TC Site after it has been posted.

7. Indemnification

You agree to defend, indemnify, and hold harmless TalentCulture, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

8. No Warranty

The TC Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the TC Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. TalentCulture also makes no representations and warranties as to any linked sites and TalentCulture has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the TC Site may represent the opinions and judgments of bloggers or users, such as Submitted Content. TalentCulture and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the TC Site by anyone. This disclaimer of liability applies to any damages or injuries caused by the TC Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the TC Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.

9. Limitation of liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in no event will TalentCulture or its affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any  way out of or in connection with the availability, use, reliance on, or inability to use the TC Site including (without limitation):  (i) Damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits; (ii) any indirect, special, exemplary, punitive, incidental or consequential loss; or (iii) any loss attributable to errors, omissions, or other inaccuracies in the TC Site. The exclusion of liability in this section applies even if TalentCulture shall have been advised of the possibility of such laws. Because some states or jurisdictions do not allow the exclusion or limitation of liability for particular kinds of loss, in such states or jurisdictions, TalentCulture’s liability shall be limited to the extent permitted by law (i.e. TalentCulture’s liability to you will be the lowest amount that applicable law permits).

10. No waiver

Our election or failure to enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of TalentCulture.

11. Governing Law & Jurisdiction

These terms and conditions are governed by the laws of the state of Massachusetts and the parties agree to submit to the exclusive jurisdiction and venue of state and federal courts located in Boston, Massachusetts as the exclusive forum for any disputes.

12. Contacting Us

If there are any questions regarding these terms, you may contact us via email at info@talentculture.com or by using the information below.

TalentCulture Consulting Group

485 Massachusetts Ave, Suite 300

Cambridge, MA 02139

Last Updated on December 17, 2014