| Terms & Conditions |
| On Registering with TalentFinder PRO, you will be accepting and agreeing to the following terms and conditions: |
| The following terms and conditions of use (the "terms and conditions") govern your ("you") use of the TalentFinderPRO service (the "Service"), as provided by TalentFinderPRO ("TalentFinderPRO Ltd." or "We"). |
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| 1.0 Registration Eligibility |
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1.1 Cast, Crew, Presenters & agents:
In order to use the service you must be over 18 years of age. If you are under 18 years, your application of registration must be forwarded by either your parent or guardian. You must be a professional actor, presenter or a model who has worked in that role for three or more professional productions or be a member of equity or have graduated from an accredited film/drama/acting school or at least a strong willed aspirant. You must also possess a strong portfolio/ work to showcase your skills. We encourage only those aspirants who are serious about their career in the entertainment industry. |
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1.2 Employers/Casting agents:
In order to use the services of Talent Finder PRO, you are required to be a genuine casting professional seeking talented cast, models and presenters for paid positions. |
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| 2.0 User Information |
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| In the course of your use of the Site, you may be asked to provide certain information about yourself. ("User Information"). You must acknowledge and agree that you are solely responsible for the content in the ‘User Information’ and that all of it is accurate, including the content on your ‘Profile’ and any messages you send through TalentFinderPRO. |
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| 3.0 User Conduct |
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| TalentFinderPRO Ltd. provides services aimed at genuine acting and casting professionals. Hence our efforts are directed towards making it a site free from |
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| unauthorized usage. You warrant and agree that you shall not: |
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| • Upload, post or transmit to or distribute or otherwise publish through the site any material that violates any provision of these Terms and Conditions or the law of the State or Country where you are based; |
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| • Restrict or inhibit any other User from using and enjoying the Site; |
| • Contact users for any non-professional reason |
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| • Send identical bulk emails |
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| • Constitute or encourage conduct that would lead to criminal offence or give rise to civil liability; |
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| • Impersonate, or misrepresent your affiliation with any other person or entity; |
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| • Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); |
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| • Engage in spamming or flooding; |
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| • Attempt to gain unauthorized access to other computer systems through the Site. |
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| Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works. We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. |
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| 4.0 Submitted Material |
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Any information or material that you submit or send to TalentFinderPRO Ltd. or make it available on or through the Site will be deemed not to be confidential or secret. By submitting your material on the Site, you:
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| • Agree and acknowledge that Your Material will not be treated as confidential or proprietary. |
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| • Agree and acknowledge that Your Material is owned by TalentFinderPRO Ltd. |
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| • Any information submitted by you through the site may be read and used by TalentFinderPRO Ltd. and utilised for marketing purposes. |
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| You are required to represent and warrant that Your Material: |
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| • Is original to you and that no other party has any rights to the material; |
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| • It does not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful; |
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| • Does not contain a virus or other harmful component; |
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| • Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact. |
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| • Material not owned by you has been submitted with the appropriate permissions. |
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| • Grant TalentFinderPRO Ltd. the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including TalentFinderPRO sites and network, and that Your Material may appear in search engines. You also warrant that any "moral rights" in Your Material have been waived. |
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| • Agree and acknowledge that Your Material may appear in Google and other search engines. |
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| • TalentFinderPRO Ltd. reserves the right to view the content of all mails passing through the site. |
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| • TalentFinderPRO Ltd. reserves the right not to post and to remove any User Information, subscriptions, profiles, messages, and content therein without notice. |
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| • TalentFinderPRO Ltd. reserves the right without warning to deny and/or cancel membership to any person who we deem from their profile or use of the site to be unsuitable for the service. |
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5.0 Services Available on the Site
TalentFinderPRO Ltd. may make certain services available to individuals who register on the Site ("registered users") and general visitors to the site ("visitors"). Registered users and visitors are collectively referred to as "Users". Users can register on the site, to receive profile alerts, search our user database, participate in forums or moderated discussions with other users, post comments on a bulletin board, post and respond to profiles or upload their profile. |
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| Registered Users who participate in these forums are solely responsible for the information and other content they post on these forums. They should be aware that when they voluntarily disclose personal information (eg. Name, Email Address, telephone number) on or through these forums, such information is generally accessible to other users, visitors and search engines. Registered Users are strongly encouraged to exercise discretion when providing personal information about themselves in forums. |
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6.0 Internet Access
You acknowledge and agree that in connection with your use of the site you must: |
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| (b) Provide all equipment necessary for you to facilitate internet access, including the computer, software, a modem and a means of connecting to or accessing the Internet. TalentFinderPRO Ltd. shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site. |
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| (a) Provide for your own access to the World Wide Web and pay any service fees associated with such access |
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7.0 Proprietary RightsAny commercial use of the Site is strictly prohibited,
except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print copy of the information on the Site solely for your personal use or records. If you make any other use of the Site, except as otherwise provided above, you shall be violating copyright and other laws of the country and may be subject to liability for such unauthorized use. We do not grant any license or authorization to users of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You should agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or communicate to the Site, may be used by us in any manner.
TalentFinderPRO Ltd. will have periodic subscription fees, defined by the terms of the site at the time of the initial enrollment for subscription. According to the terms of the site, the subscriber is responsible for such fees. Subscriptions can be cancelled by contacting the Customer Service at customerservice@talentfinderPRO.com
Unless and until this agreement is cancelled in accordance with the terms hereof, the Subscriber hereby authorizes TalentFinderPRO Ltd. to charge the Subscriber's credit/Debit card to pay for the ongoing cost of the subscription services. Subscribers will receive by email a copy of the account of charges made for the use of the site.
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9.0 Subscription cooling off period – New PRO members
New members registered with TalentFinderPRO can cancel their membership at any time within ten days of submitting their application, without incurring any fee or penalty. However, no refund is available on an annual membership beyond the stipulated ten day period. Please note that the initial TalentFinderPRO membership fee cannot be processed (cheque cashed or account debited) until seven days after your application is submitted.
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10.0 No Endorsement
TalentFinderPRO Ltd. is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site. TalentFinderPRO Ltd. does not endorse any opinions expressed by Users or visitors and is also not responsible for the online or offline content of Users. Users acknowledge that any reliance on material posted by others will be at their own risk. Content posted in discussion area are purely the views of the User and do not represent the views of TalentFinderPRO Ltd.
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11. Unsolicited Materials
Unless specifically requested, TalentFinderPRO Ltd. does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or any of its services.
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12. Additional terms for casting professionals
You are required to declare that you are a bona fide casting professional and that you will register and log on as such.
You shall use the information contained on the website for the sole purpose of employing or otherwise retaining the services of the individuals and organizations contained on the Website. By using the TalentFinderPRO system in any way, you are agreeing not to use the system to solicit, promote, any products or services. The system is for casting/booking purposes only. By violating this agreement, you shall be liable to pay Rs.15,000 to TalentFinder PRO. Each recipient shall also pay the same amount for offending messages or e-mails. The information on the site is the property of TalentFinderPRO Ltd. You are not supposed to copy or disseminate it. We do not provide any guarantee concerning the information relating to individuals mentioned on the website and therefore we do not accept any liability associated with its use. |
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13.0 Additional terms for actors, presenters and models
We do not assure any placements as the jobs rest with the casting agents and are affected by the state of the industry as a whole. We do not promise that employers who view your profile will call you in for an audition or that you will be offered the job after audition. Those decisions totally rest with the casting agents.
TalentFinder PRO does not provide any assurance relating to the nature or duration of any work or appointment that you may be offered as a result of using our Service. It is your sole responsibility to ensure that any work or appointment is completely acceptable to you. |
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14. Royalties and Fees.
In accordance with the rights granted by ‘User’ to ‘Company’ herein, the “User” agrees to pay the “Company” the administration costs incurred towards the procurement of work, a sum not exceeding 50 per cent of the total contracted amount on successfully entering into a contract with the Employee to the satisfaction of the Company. Such amount arising out of the contract will be deemed as ‘Fees’ as TalentFinderPRO is acting as an agent on behalf of the User/Talent to promote them for employment in the showBiz Industry. Any such contract may also be liable for Royalties from the ‘User’ as per individual terms and conditions of the contract entered between the ‘Company’ and a ‘Third party Employer’. |
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15. Non-Circumvention
No Website user, either free or paid shall detrimentally interfere with the efforts of Company to distribute the profiles to individuals or companies or enter into any contract inconsistent with the rights of distribution assigned to him hereunder. ‘User’ shall not indulge in any such activity except for his individual use for generating employment.
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16. Data Protection
The User and the Company agree to abide by the Data Protection Clause, whereby they don’t disclose the content of the website (profile contacts) to a third party or person, regarding any of the content either in person or by any electronic or recorded means intended for his personal use. They should not disclose any information particularly to be used either for a work placement of the ‘User’ in a job position or promoting the User for employment. Both the parties agree to hold the data and the website contents in strict confidentiality, apart from their individual use.
The User will not enter into a sub-contract with any person or company to divulge such website information. |
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17. Assignment by User
The rights and obligations of User existing hereunder are personal and unique, and shall not be assigned without prior written consent from the Company. |
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| 18. MISCELLANEOUS |
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a) BINDING EFFECT:
This Agreement shall be binding upon the successors and assignees of the parties. |
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b) ARBITRATION:
In the event of a dispute between ‘Company’ and ‘User’ regarding the terms, construction or performance of this Agreement, such dispute shall be settled by binding arbitration in Hyderabad city, Andhra Pradesh, India, according to the rules for the settlement of commercial disputes, then in effect. The award or decision resulting thereof shall be subject to immediate enforcement in a Hyderabad court of competent jurisdiction. |
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c) JURISDICTION/APPLICABLE LAW:
‘Company’ and ‘User’ hereby submit to the jurisdiction of the courts of Hyderabad for the enforcement of this Agreement or any arbitration award or decision arising hereby. This Agreement shall be enforced or construed according to the laws of India. |
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d) ATTORNEY'S FEE:
In the event of a party being forced to obtain an attorney to enforce the terms of this Agreement, the party prevailing in such action of enforcement shall be entitled to the recovery of attorney's fee incurred in such action. |
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e) COVENANT OF GOOD FAITH AND FAIR DEALING:
‘Company’ and ‘User’ agree to perform their obligations under this Agreement, in all respects, in good faith. |
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f) NOTICES:
Any notices or delivery required herein shall be deemed completed when hand-delivered, delivered by agent, or placed in the Indian Post, postage prepaid, to the parties at the addresses listed herein. |
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