Welcome to Talentate!
These Terms and Conditions (“Terms”) govern your use of Talentate and provide information about the Talentate Service (“Services”), outlined below. When you create a Talentate account or use Talentate, you agree to these terms.
- Who Can Use Talentate
We want our Service to be as open and inclusive as possible but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Talentate comminity:
- You must be at least 18 years old.
- You must not be prohibited from receiving Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You can form a binding contract with Talentate, or, if you are over 18 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
- You are not barred from using the Services under all applicable laws; and
- You have not been permanently suspended or removed from the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
- Unacceptable Behavior
Member Conduct. You agree not to use the Services to:
- obtain or attempt to obtain unauthorized access to the Services or to Talentate’s servers, systems, network, or data;
- make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- violate any applicable laws or regulations;
- impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service,
- make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or othe proprietary rights of any person or entity:
- post content containing advertisements or other commercial solicitations without our prior written permission;
- make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
- interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way
- You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Talentate if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
- You will not license, sell, or transfer your Account without our prior written approval.
- Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under the Terms
We do not guarantee that the Services will always be available or uninterrupted. We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to the functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
- Your Content
The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Talentate the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Talentate. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Talentate or our Services that you provide to us are entirely voluntary, and you agree that Talentate may use such ideas, suggestions, and feedback without compensation or obligation to you.
- Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Talentate, and the rules for your Promotion must require each entrant or participant to release Talentate from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk.
- Things You Cannot Do
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
- Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
- Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
- Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Talentate (we conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Talentate’s prior consent is prohibited); or
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Talentate or any payment system.
- Copyright, Trademark, and Takedowns
Talentate respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Talentate’s Designated Agent by contacting:
Telephone: +31 0653507922
Email: [email protected]
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Talentate for certain costs and damages.
Paid Services and Payment Information
Some services, including Talentate assessment tools, may be purchased based on the Talentate Price List in the offer.
Talentate may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
- Intellectual Property
The Services are owned and operated by Talentate. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Talentate are protected by intellectual property and other laws. All Materials included in the Services are the property of Talentate or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials. You may not make use of the Materials. Talentate reserves all rights to the Materials not granted expressly in these Terms.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Talentate, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Talentate Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- Limitation of Liability
By using the Services you agree that the Talentate Entities’ liability is limited to the maximum extent permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Talentate isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
- Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our reasonable discretion, are material, we will notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services at least 30 days before the date they become effective. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
On becoming aware of any potential violation of these Terms, Talentate reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of Turkey, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the İstanbul courts located in Turkey, and you and Talentate consent to personal jurisdiction in these courts.
These Terms are a legally-binding agreement between you and Talentate, Inc. If you have any questions about these terms, please contact us.
- Contact Details
Laan op Zuid 392, 3071AA Rotterdam/ Netherlands
The following representative is authorized to receive service in the Netherlands on behalf of Talentate, Inc. for administrative and judicial proceedings