Terms of Use

Your use of www.talentmsi.com (the “Website”) and all contents therein is subject to these Terms of Use and Conditions, our privacy policy, and any other relevant terms and conditions, policies, and notices which may be posted on the Website (collectively, the “TOU”). Please read the TOU carefully before using the Website.nd all contents therein is subject to these Terms of Use and Conditions, our privacy policy, and any other relevant terms and conditions, policies, and notices which may be posted on the Website (collectively, the “TOU”). Please read the TOU
  1. 1. User Agreement
  2. 2. Intellectual Property and Proprietary Rights
    1. 2.1 User’s Content
    2. 2.2 Talent Merchant Services Content
  3. 3. Contact for Permissions Regarding Intellectual Property
  4. 4. Disclaimer
  5. 5. Links to other websites
  6. 6. Waiver of liability
  7. 7. Indemnification
  8. 8. Prohibited Use and Other Obligations
  9. 9. Right to Regulate
  10. 10. Privacy
  11. 11. Governing Law
  12. 12. Talent Merchant Services Contact information

1. User Agreement

The Website is owned by Talent Merchant Services, Inc. (“Talent”), a company incorporated in California. The TOU is a legally binding agreement between you as the user(s) of the Websites (referred to as “you”, “your” or “user” hereinafter) and Talent. By using this Website, you signify your acceptance of and compliance with the TOU and all applicable laws and regulations. If you do not agree with any of the TOU, please do not use this website. As a condition of your use of this Website, you represent and warrant that you will not use this Website for any purpose that is unlawful or prohibited by the TOU. Talent reserves the right, at its sole discretion, to modify the TOU, and you agree to be bound by such modifications.

2. Intellectual Property and Proprietary Rights

2.1 User’s Content

The user owns all content, including all rights in the content, uploaded on, or shared through the Website by the user (“User’s Contents”) subject to the User’s Warranty and Representation. For clarity, the rights in the content include intellectual property rights. Under the User’s Warranty and Representation, the user warrants and represents that the user is a licensee or the owner of all rights, title, and interest in and to the User’s Contents, and that the User’s Content and uses thereof are lawful and do not infringe third party rights, including third party intellectual property rights. The user agrees to indemnify, defend, and hold Talent and Talent’s Representatives, including its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against all claims, liabilities, causes of action, damages, attorney fees, and expenses made by another user or a third party arising from the User’s Content. Talent and Talent’s Representatives shall not be liable for any loss, damages, injuries, claims and/or liability to anyone, including the user or a third party arising from or in connection with the User’s Content. You agree that Talent reserves the right, at its sole discretion, to remove the User’s Content or any portion thereof from the Website.

2.2 Talent’s Content

Other than the User’s Content, Talent is the owner or a licensee of all rights and interest in the Website, including without limitation, any information, text, images, graphics, illustrations, sound/video clips, sound, logos, trademarks, directories, files, databases, listings or code and the selection and arrangement thereof, etc. available on or through the Website (“Talent’s Content”). The Website and Talent’s Content are protected under intellectual property rights and other laws and shall not be used without written permission of Talent or the owner of intellectual property right. The trademarks (including registered and/or common-law trademarks), trade names, logos, and service marks (the “Marks”) on the Website are marks of Talent, Talent’s Representatives, or third parties who have licensed the use of such marks to Talent. Nothing in this Website grants any license or right to use any Marks on this Website without the written permission of the owner of the Marks. Your misuse of the Marks displayed on this Website, or any other content on this Website, is strictly prohibited. This Website is © Talent Merchant Services, Inc. 2022. All Rights Reserved. The following registered trademarks are owned by Talent. All rights reserved. Talent ®, ® The following common law trademarks are owned by Talent. All rights reserved. [List all registered trademarks used under a license followed by the “®” symbol, e.g. TRADEMARK®, TRADEMARK®, ….]

3. Contact for Permissions Regarding Intellectual Property

If you would like permission to use any of Talent’s property including intellectual property, please contact Talent Merchant Services, Inc. at 104 – 8583 Irvine Center Drive, Irvine, California, 92618 or via tou@Talentmsi.com. If you are an owner of intellectual property who believes that their intellectual property has been improperly used on this Website, please notify Talent immediately. Please mark such correspondence to the attention of Talent’s Legal Department.

4. Disclaimer

THE WEBSITE INCLUDING ALL ITS CONTENTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALENT MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TALENT ASSUMES NO LIABILITY FOR DAMAGE(S) TO ANY SYSTEM ON WHICH THE CONTENTS OF THE WEBSITE, INCLUDING ANY SOFTWARE, ARE INSTALLED, FOR CORRUPTION OF ANY DATA TRANSLATED, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES. TALENT MAKES NO WARRANTIES THAT THE WEBSITE, INCLUDING ALL ITS CONTENTS, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, ITS CONTENTS AND ANY RELATIONSHIP OR AGREEMENT THAT YOU FORM WITH THIRD PARTIES INCLUDING OTHER USER(S). TALENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, IN ANY FORM, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY, SUFFERED BY OR AWARDED TO YOU, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR ITS CONTENTS. THE TOU IS NOT NOR SHOULD BE INTERPRETED AS AN AGREEMENT BETWEEN YOU AND ANOTHER USER(S). FURTHER, TALENT IS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT FORMED BETWEEN YOU AND ANOTHER USER(S) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE. FOR CLARITY, THE TOU IS NOT, DOES NOT SERVE, AND SHOULD NOT BE INTERPRETED AS A NONDISCLOSURE AGREEMENT BETWEEN THE USERS. WHERE APPROPRIATE, USER(S) ARE ENCOURAGED TO ENTER INTO ANY AND ALL NECESSARY AGREEMENTS, INCLUDING CONFIDENTIALITY/NONDISCLOSURE AGREEMENTS, WITH OTHER USER(S). TALENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, IN ANY FORM, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY, SUFFERED BY OR AWARDED TO YOU, ARISING FROM OR RELATING TO: ANY RELATIONSHIP OR AGREEMENT FORMED BETWEEN YOU AND ANOTHER USER; OR ANY ACTION OR INACTION, INCLUDING ANY NEGLIGENT PROVISION OF SERVICES, OF ANOTHER USER. YOUR SOLE REMEDY AGAINST TALENT FOR DISSATISFACTION WITH THE WEBSITE, ITS CONTENTS OR THE TERMS OF USE AND CONDITIONS IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The Website may contain links to other websites. Such linked websites are not under Talent’s control, and Talent is not responsible for and does not endorse the content of linked websites. Your use of any linked websites is at your sole risk.

6. Waiver of liability

Talent and Talent’s Representatives shall not be liable for any loss, damages, injuries, claims and/or liability to anyone, including the user or a third party, arising from or in connection with the Website, the user’s use of the Website, and the User’s Contents.

7. Indemnification

You agree to indemnify, defend, and hold harmless Talent, Talent’s Representatives harmless from and against all claims, liabilities, causes of action, damages, attorney fees, and expenses made by another user or a third party due to or arising out of your use of the Website, or your breach of the TOU including the User’s Warranty and Representation.

8. Prohibited Use and Other Obligations

Nothing contained in the TOU shall be construed as conferring any license or right to any of Talent’s, or any third party’s intellectual property rights. You agree not to: use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; make any changes to this Website; post or send to the Website any unlawful, fraudulent, harassing, threatening, defamatory, indecent, sexually explicit, libelous, obscene information of any kind or otherwise violate any applicable law; post or send to the Website any information that contains a virus, bug, or other harmful item; re-deliver any of Website or the content using “framing”, hyperlinks, or other technology without Talent’s permission; attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Talent server through hacking, password mining or any other means; or take any action which may interfere with any other user’s use and enjoyment of the Website. You agree not to, directly or indirectly, register any domain names which include any of Talent’s Marks including trademarks, trade names, service marks, or any domain name confusingly similar to Talent’s Marks or domain names. You agree not to use the Website or its contents, including User’s Contents, for manufacturing weapons including web weapons, guns, bombs, or pornography. You agree to maintain the confidentiality of the Confidential Information of a Disclosing User available on the Website, and you hereby further agree: (a) not to disclose or otherwise reveal, without the Disclosing User’s prior written consent, any portion or derivation of the Confidential Information of the Disclosing User; (b) not to use the Confidential Information a Disclosing User for personal gain or to advance the business ventures of third parties; (c) to protect the Confidential Information a Disclosing User as you protect your own Confidential Information of a similar nature, but in any case you shall use no less care than reasonable care; (d) not to reverse engineer, disassemble or decompile any prototypes, software or other objects which embody the Confidential Information of a Disclosing User; (e) not to use Confidential Information of a Disclosing User to manufacture, yourself or via third parties, products that are derived from the Confidential Information of a Disclosing User; and (f) not use, misuse, or otherwise take advantage of the Confidential Information of a Disclosing User. Confidential Information means any non-public information available on the Website that is identified and marked as confidential or proprietary and may have intrinsic value to a Disclosing User, the Disclosing User’s clients, or other parties with which the Disclosing User has relationships or that may provide the Disclosing User with a competitive advantage. Confidential Information includes, without limitations, customer lists, business plans and proposals, financial information, marketing information, technical information, pricing information, agreements, problem solving methods, implementation steps, know-how, technology, trade secrets, inventions (whether or not patentable), formulas, flow charts, computer programs, access codes or other system information, algorithms, product or marketing plans, or other intellectual property. Notwithstanding the foregoing, Confidential Information does not include any of the following: (a) information that is in or becomes part of the public domain without violating the TOU; (b) information that was rightfully known to you or rightfully in your possession on a non-confidential basis prior to accessing the information through the Website; (c) information that is developed independently by you without having access to the Confidential Information through the Website, as established by written evidence; (d) information that is disclosed to you by a third party under no obligation of confidentiality to the Disclosing User and who did not obtain such information by a wrongful or tortuous act; or (e) information that is authorized by the Disclosing User in writing for your disclosure or release. Disclosing User means a user other than you. For clarity, the TOU, including this section, is not and should NOT be interpreted as a nondisclosure agreement between the users. Any violation of the TOU, including any violation of this section, such as misusing or otherwise taking advantage of the Confidential Information of a Disclosing User, is strictly prohibited and is a breach of the TOU.

9. Right to Regulate

You acknowledge that Talent has the right, but no obligation, to monitor all activity relating to the Website. Talent may disclose any information necessary to operate the Website, to protect Talent and/or Talent’s Representatives, or required under the law. Talent reserves the right to change the Website at any time at its sole discretion without notice to users. Talent may deny access to the Website to anyone at any time for any reason whatsoever.

10. Privacy

Talent respects the privacy concerns of visitors to its Website. As a general policy, no personal information is automatically collected from visitors to its Website. However, certain non-personal information about visitors is recorded by the standard operation of Talent internet servers. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s internet service provider. Non-personal information may also be used to diagnose problems with our servers, gather broad demographic information and to administer our website. This information is collected anonymously and used in an aggregate and non-personally identifiable form in order to help us provide an enhanced online experience for the visitor. Electronic mail addresses and other personally identifiable data about visitors on this Website are known to Talent only when a visitor voluntarily submits this information to Talent, for example, via an electronic mail to Talent.

11. Governing Law

The TOU is governed by, interpreted, and enforced in accordance with the laws of the State of California and the laws of the United States of America, as applicable, without giving effect to any principles of conflicts of law. If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and the remainder of the TOU shall continue in full force and effect.

12. Talent Contact Information

Company Name: Talent Merchant Services, Inc.

Address: 104 – 8583 Irvine Center Drive, Irvine, California, 92618

Call: 1-949-667-4456

Email: tou@Talentmsi.com