Terms of Service

Last updated: November 15, 2022

Please read these Terms of Service ("Terms", "Terms of Service") carefully as they constitute a legally enforceable agreement between you ("you" or "your") and truetalent.online. ("truetalent," "we," "us," or "our"). These Terms govern your access to and use of the websites, media, platforms, forums, portals, and any other online services offered by truetalent.online, including, but not limited to, the https://truetalent.online.com/ website and any media, software, programs, services, tools, features, databases, materials, Content, features, products, platforms, forums, portals, or information available or sold on or through it or used in connection in addition to that (collectively, the "Services"). These Terms, our Privacy Statement, and our Community Guidelines govern your use of the Services.

Your use of the Services is based upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing or utilizing the Services, you accept these terms. If you do not agree with any of the terms, you are not permitted to use the Services. We reserve the right to amend, update, modify, revise, or replace these Terms at any time, at our sole discretion, by publishing revised Terms on the Service.

You agree to be bound by the updated terms if you keep using our Services after any revisions take effect. You can no longer use the Service if you do not accept the new terms. Every time you use the Services, you are responsible for reviewing the Terms for any updates. To that end, we ask that you come back to this page.

Right to Use

We thus give you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited, revocable license to access and use the Services in accordance with these Terms, subject to the following conditions: You acknowledge that only licensed rights are being granted. You may not directly or indirectly, or authorize any other person or organization to:

  • Reverse engineer, decompile, disassemble, re-engineer, or otherwise construct or attempt to produce the source code of the Services; or permit, allow, or assist others in doing so.
  • Create works derived from the Services.
  • Use the Services for any purpose other than those specifically permitted above.
  • Inactivate or bypass any access control or related device, process, or procedure created for the Services.

Accounts

When you establish an account with us, you confirm that you are at least 18 years old and that the information you supply is always accurate, complete, and up-to-date. Inaccurate, incomplete, or out-of-date information may immediately terminate your account on the Service. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer and/or account. Nobody else is permitted to use your username and password. You agree to take responsibility for any and all activities or actions that occur under your account and/or password, regardless of whether your password is associated with our Services or a third-party service. You must tell us immediately upon discovering any breach of security or unauthorized use of your account, and you must ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage resulting from your failure to comply with these Terms.

You may not use as a username the name of another person or entity, a name or trademark that is not lawfully available for use, or that is subject to the rights of a third party unless you have obtained the necessary permissions. You may not use derogatory, vulgar, or obscene names as usernames. Your use of the Services and any content accessible through the Services must adhere to all applicable laws, rules, and ordinances.

By entering your email address and other contact information, you consent to our using those contact details to send you Service-related messages, including any legally necessary notices, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as updates to the Services' features and further information about our company.

User Content

Some sections of the Services permit users to submit, post, display, provide, upload, or otherwise make accessible Content such as profile information, contact information, photos, user forum features, comments, questions, and other Content or information (any such materials a user submits, posts, displays, provides, uploads, or otherwise makes available on the Services is referred to as "User Content"). User-Generated Content is viewable by other Service users and on third-party websites. As a result, any User Content may be considered non-confidential and non-proprietary. You access all such information and User Content at your own risk.

We make no claim of ownership over the User Content you create. Your User Content stays your own. By submitting or sharing User Content using the Services, you agree to allow others to access, edit, share, and/or otherwise engage with your User Content in accordance with your choices within the Services and these Terms. We have the right (but not the duty) to remove any User Content that is on or shared via the Services at our sole discretion.

By submitting, posting, displaying, providing, uploading, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and prepare derivative works of such User Content. You also grant each user of the Services a non-exclusive license to access your User Content via the Services and to use, reproduce, distribute, display, and perform such User Content as permitted through the Services' functionality and under these Terms. You renounce any moral rights to your User Content, and you warrant that no moral rights have been asserted in relation to your User Content. You are not entitled to receive compensation from us if we utilize your User Content or if your name, image, or voice are used or communicated in connection with the Services.

In connection with your User Content, you affirm, represent, and warrant the following: (a) you have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in connection with such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required in connection with your User Content, and (c) your User Content and our use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights under the laws of any state, country, territory or other jurisdictions ("Intellectual Property Rights") and privacy rights.

To the best of your knowledge, your User Content and other information provided to us are truthful and correct.

We reserve the right, in our sole and absolute discretion, to:

  • Edit, redact, or otherwise modify any User Content.
  • Re-categorize any User Content to place them in more appropriate locations on the Services.
  • Pre-screen or delete any User Content at any time and for any reason, without notice.

We assume no responsibility or liability for any User Content, including its accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, or any intellectual property rights therein, that you or any other user or third party posts, sends, or otherwise makes available via the Services. You acknowledge that we are just acting as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that you may be exposed to User Content that is inaccurate, objectionable, unsuitable for children, or otherwise unsuitable for your intended use, and you agree that we shall not be liable for any damages you allege to incur as a result of or in connection with any User Content.

We reserve the right to evaluate all Content and User Content that appears on the Services and to delete any content or User Content that violates these Terms, our Community Guidelines, or the law; however, we do not necessarily review all of it. We cannot guarantee the identity of any user with whom you communicate while using the Services, nor are we responsible for determining which users have access to the Services.

Interactions with Other Users

If the Services allows communication with other users, you are entirely liable for such communications. We reserve the right, but undertake no responsibility, to monitor conflicts between you and other users. We assume no responsibility for your interactions with other users or for the actions or inactions of any user.

Moderators

In certain sections of the Services, you and/or other users may be able to participate as unofficial, voluntary moderators of User Content ("Moderators"). We are not liable for the activities of Moderators. We reserve the right to withdraw or restrict your capacity to act as a Moderator at any time and for any cause, including a violation of these Terms.

If you choose to become a Moderator, you agree to:

  • Comply with the Moderation Handbook.
  • Take appropriate action to remove or restrict, as applicable, User Content that violates these Terms, the Community Guidelines, or the Moderation Handbook, and escalate issues in accordance with such terms and policies.
  • Not perform any moderation activities in exchange for any form of compensation from a third party.
  • Maintain the confidentiality of any non-public information you may obtain.

We reserve the right, but are not obligated, to reverse any action or decision made by a Moderator if, in our sole discretion, we believe that such action or decision is not in our or the truetalent.online community's best interests.

Acceptable Use

You agree not to engage in any of the following prohibited behaviors while using the Services and/or any of their features or functions:

  • (a) copying, distributing, or disclosing any portion of the Services in any medium, including scraping, whether automated or not;
  • (b) sending spam, chain letters, or other unsolicited email;
  • (c) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; or
  • (d) performing any activity that imposes or may impose, in our sole discretion, an unreasonable or disproportionately heavy penalty.

You agree not to post User Content that:

  • (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • (b) may create a risk of any other loss or damage to any person or property;
  • (c) seeks to harm or exploit children by exposing them to inappropriate Content, requesting personally identifiable information, or otherwise;
  • (d) may constitute or encourage conduct that would be
  • (e) contains any information or Content that we deem unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
  • (f) contains any information or Content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
  • (g) contains any information or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • (h) contains information that disparages, tarnishes, or otherwise harms, in our opinion, us and/or the Services or
  • (i) contains any information or Content that you know is not correct and current. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe violates any of these provisions, in our sole discretion.

Changes to Services

Our Services continue to evolve and improve over time. We reserve the right to add or remove features, products, or capabilities and to suspend or discontinue the Services in whole or in part. We may place restrictions on specific features or access in certain ways. We reserve the right to take any of these actions at any moment, with or without previous notice.

Social Media

You may be able to link your account with accounts you have with third-party service providers (each a "Third-Party Provider Account") as part of the Services by either: (a) providing your Third-Party Provider Account login information through the Services or (b) allowing us to access your Third-Party Provider Account. You represent and warrant that you are entitled to disclose your Third-Party Provider Account login information to us and/or grant us access to your Third-Party Provider Account, without breaching any of the terms and conditions that govern your use of the applicable Third-Party Provider Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Provider Account. By granting us access to any Third-Party Provider Accounts, you agree that I/We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Provider Account (the "Social Media Content") so that it is accessible on and through the Services via your account, including without limitation any friend or connections lists, and (ii) we may submit to and receive from your Third-Party Provider Account. Depending on the Third-Party Provider Accounts you choose, and the privacy settings you have set in such Third-Party Provider Accounts, personally identifiable information that you publish to your Third-Party Provider Accounts may be accessed via your account on the Services. Please be aware that if a Third-Party Provider Account or associated Service becomes unavailable, or if the third-party service provider revokes our access to such Third-Party Provider Account, Social Media Content may no longer be accessible via the Services. At any time, you will be able to disable the link between your account on the Services and your Third-Party Provider Accounts. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY PROVIDER ACCOUNTS IS GOVERNED SOLELY BY THE AGREEMENT(S) YOU HAVE ENTERED INTO WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to check any Social Media Content, including for accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. You agree that we may access your email address book associated with a Third-Party Provider Account and your contacts list stored on your mobile device or tablet computer for the express purpose of identifying and notifying you of those contacts who have also registered to use the Services. You may deactivate the connection between the Services and your Third-Party Provider Account by contacting us using the details shown below or by accessing your account settings (if applicable).

Intellectual Property

You acknowledge that any and all Intellectual Property Rights subsisting in or used in connection with the Services and their original Content, features, and functionality are and will remain the exclusive property of truetalent.online. And its licensors and you shall not at any time (including after termination of the license granted herein) in any way dispute, challenge, or undertake any action directly or indirectly that would be inconsistent with the ownership thereof by us or our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent of truetalent.online. If you provide to us any ideas, proposals, suggestions, or other materials ("Feedback"), whether related to the Services or otherwise, you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation. We may use such Feedback without compensating you and without any restriction or obligation to you.

Links To Other Web Sites

Our Services may contain links to non-truetalent.online-owned and -operated websites and services.

Truetalent.online has no control over the Content, privacy policies, or practices of any third-party websites or services and assumes no responsibility for them. We neither support nor warrant the products or websites of any of these entities/individuals.

You acknowledge and agree that truetalent.online is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such Content, goods, or services available on or through such third party websites or services.

We strongly recommend that you read the terms and privacy policies of any third-party websites or services you visit.

Termination

We may instantly terminate or suspend your account and bar access to the Services, at our sole discretion and without prior notice or obligation, for any cause, and without limitation, including, but not limited to, a breach of the Terms. If your account is canceled or suspended, we may permanently erase all User Content from our Services.

If you want to cancel your account, you can simply stop using the Service.

All provisions of the Terms that, by their nature, should survive termination will survive termination, including, but not limited to, provisions regarding ownership, warranty disclaimers, indemnification, and liability limits.

Indemnification

You undertake, to the maximum extent authorized by law, to defend, indemnify, and hold harmless Truetalent.online, and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, actions, settlements, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or relating to (a) your use and access of the Service, by you or anyone using your account and password, (b) your User Content, (c) your violation of the rights of a third party, including but not limited to intellectual property rights; (d) any overt harmful act toward any other user of the Services with whom you connected via the Services or (e) a breach of these Terms. We retain the right, at your expense, to take the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of such claims. Upon becoming aware of any such claim, action, or process covered by this indemnity, we will make reasonable attempts to notify you.

Limitation Of Liability

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, NEITHER TRUETALENT.ONLINE NOR ANY OF ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; ANY CONDUCT OR CONTENT OF ANY OTHER USERS OR THIRD PARTY ON OR THROUGH THE SERVICE; ANY CONTENT OBTAINED FROM THE SERVICE; AND UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS DEEMED TO HAVE FAILED

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU RELATING TO THE SERVICES OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED $100. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU SHALL NOT INCREASE OUR LIABILITY.

Disclaimer

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TRUETALENT.ONLINE, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES THAT:

  • THE SERVICES WILL FUNCTION WITHOUT DISRUPTION, BE SECURE, AND BE AVAILABLE AT ALL TIMES AND LOCATIONS.
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED.
  • THE SERVICES DO NOT CONTAIN VIRUSES OR OTHER DANGEROUS COMPONENTS.
  • THE SERVICES WILL PROVIDE RESULTS THAT MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions prohibit the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so you may not be subject to the aforementioned limitations.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of law. You irrevocably waive your right to a jury trial in any legal proceeding arising out of or related to these Terms.

Our failure to enforce any right or provision of these Terms is not a waiver of those rights. If a court determines that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us pertaining to our Service and supersede and replace any prior agreements pertaining to the Service.

Copyright

The Digital Millennium Copyright Act (DMCA) provides protections for copyright owners who believe that their rights under United States copyright law have been violated by acts of third parties on the Internet. Suppose you believe that your copyrighted work has been copied without your permission and is accessible through the Services in a manner that may constitute copyright infringement. In that case, you may submit a claim to the designated agent listed below. To be effective, your notice must contain the following information:

  • A physical or electronic signature of an authorized representative of the owner of the allegedly infringed intellectual property right.
  • Identification of the copyrighted work asserted to have been infringed, or if multiple copyrighted works on the Services are covered by the notification, a list of such works.
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or to have access to it disabled, as well as reasonably sufficient information to permit us to locate the material.
  • Information is reasonably sufficient to permit us to contact the complaining party, such as the address, telephone number, and, if available, email address.
  • A declaration by you that the contested use is not authorized by the copyright holder, its agent, or the law.
  • A statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the allegedly infringed exclusive right.

Our Designated Agent is Dr. Umer Khan, Chief Executive Officer of truetalent.online (contact@truetalent.com).

General

These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or other oral or written agreements, understandings, negotiations, or discussions. These Terms are not modifiable by you and may only be modified as described above.

You are prohibited from assigning or sublicensing any rights or obligations under these Terms without our express prior written consent. Any assignment that violates this section is null and void.

We and our licensors reserve all rights not expressly granted within these Terms.

The failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed as a waiver of our rights hereunder, nor shall it in any way affect the validity of the whole or any portion of these Terms, nor prejudice our rights to take subsequent action. The headings contained herein are provided solely for convenience and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions contained in these Terms.

These Terms and your use of the Services do not create any joint venture, partnership, employment, or an agency relationship between you and us.

You agree that these Terms will not be interpreted against us because we drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the parties' failure to sign these Terms.

In the event that any of these terms, conditions, or provisions are determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, such term, condition, or provision shall be severed to that extent from the remaining terms, conditions, and provisions, which shall remain valid to the maximum extent permitted by law.

A printed version of these Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Us

If you have any questions about these Terms, don't hesitate to get in touch with us.