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Terms and Conditions of Use
TalentHunter.com ("Site" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.
Attention: This Site and these Terms and Conditions may be changed by TalentHunter.com with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change.
Disclaimer
TalentHunter is an online talent database. TalentHunter is
not an employment agency, casting agent, agency, manager, producer or a
production company. TalentHunter does not procure, get, gain or retain employment,
jobs, bookings or castings for our clients. TalentHunter does not represent the
clients or guarantee any amount of income, jobs or employment from the use
of this site.
The audition listing and booking service is a free service provided to all TalentHunter members paying for the following: web hosting, sub domain, own web site,
fully featured messaging, entry in TalentHunter's own talent search & talent matching tools.
Paying members' access to casting database and submission services
are considered a convenience for talent who wants to spend more time on
their career other than searching the net for available casting calls.
TalentHunter does not offer advice, managerial directions, or opinions on any casting, job, engagement or audition.
TalentHunter is not a photography or photographer studio.
You must be 18 years of age or older to subscribe to the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
Any information, pictures, resumes, etc. submitted to TalentHunter, become property
of TalentHunter. Some information contained on the site is
intended for entertainment purposes and the views and opinions expressed
therein are not necessarily those of TalentHunter.
You may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify TalentHunter of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. TalentHunter cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account.
You also agree to indemnify and hold harmless TalentHunter, TalentHunter affiliated companies and all of their respective officers, directors, agents, and employees from
and against any and all actions, claims, demands, losses, damages, or causes of action by any third party arising from any claims to or against
TalentHunter.
Terms and Conditions
1. TalentHunter.com is a public access general purpose profile hosting web site and community for models, actors, photographers, agencies, or any other form of talent. TalentHunter.com provides a hosting service for person to person display, marketing, and communication on a professional level between models and photographers and agents. TalentHunter.com does not own or claim to own any personal profile content or images uploaded by individual users for individual promotion and presentation. It is the responsibility of the user to abide by this agreement and site guidelines. TalentHunter.com uses various third party payment systems; each user is responsible to review and abide by the rules of those systems.
2. TalentHunter.com has consistently lead the way in advanced features, data driven technology and ease of use. We also provide a premium service at a low cost to Models, Actors, Movie Extra's, Artist's, and talent etc.
3. Disclaimer: The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER MONARCH HOLDING GROUP, INC. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
4. The Service and the Sites include bulletin boards and chat rooms which allow you and other users to post information, provide feedback to TalentHunter.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way. You will be responsible for, and indemnify and hold harmless TalentHunter.com, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although TalentHunter.com and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and bulletin boards on the Site, neither TalentHunter.com nor its affiliates is under any obligation to do so. TalentHunter.com reserves the right to change or modify profile information or message board postings as needed and without notice. You acknowledge that TalentHunter.com and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. TalentHunter.com and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links,, email addresses, images, and content submitted to, or posted on the chat rooms, bulletin boards, or profiles. TalentHunter.com has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted throughout the site.
5. Your use of the Service and the Sites is at your own risk. NEITHER TALENTHUNTER.COM, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TALENTHUNTER.COM, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
6. Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant TalentHunter.com and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
7. TalentHunter.com and its affiliates do not review or monitor any web sites linked to the Service or from personal profiles on this site. When clicking links to personal pages from TalentHunter.com all users of the system acknowledge that TalentHunter.com is not responsible for the accuracy or content of those links. You agree to not post URL's and other web links in any form, into your personal home page section, or the main profile page as links or text, that lead to ADULT SITES or Pay Sites. TalentHunter.com reserves the right to remove from it's sites any references or profiles containing Adult Sites or Pay Sites without notice. Additionally certain links to sites, as determined from time to time by TalentHunter.com, or the use of links and web addresses, or the use of HTML formatting and scripting in certain profile types as determined by TalentHunter.com, may not be permitted within the profile or as an acceptable use of the personal home page link or as profile content. TalentHunter.com is under no obligation to provide exposure to competing sites through links or other methods in profile and may remove those at it's discretion, and without notice. The TalentHunter.com referral system is intended for work related offers and general inquires related to or leading to work or further discovery. Promotion of services and goods is not an appropriate use of the referral system. TalentHunter.com permits one main member profile per person. Managers, agents, and photographers who have been authorized to post on behalf of their clients may control Model and Actor profiles in addition to their manager, agent or photographer profile.
8. The Promotion and Recruitment of Escorts, Escort Services, Personal Companions, (etc.) are contrary to the purposes of TalentHunter.com, and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this site is strictly prohibited. Profiles that are used for the solicitation or promotion of escort services in ANY way will be immediately disabled. This includes (but is not limited to): Use of the referral system, hyperlinks to external sites promoting escorts, URLs (web addresses) promoting escorts and any other activity that the staff of TalentHunter.com deems as solicitations, promotions, or offers
9. TalentHunter.com has a stated policy regarding the posting of sexually explicit images to its web pages. Sexually explicit images are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal (erections), or overt sexual positions (such as noticeably visible or spread genitalia). Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member profile. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and in gross violations may result in the removal of your profile. No refund will be given if your profile is removed for breach of this section of the terms
10. TalentHunter.com does not support bandwidth theft, the linking of images from TalentHunter.com to other sites, or the misuse of links from Other sites to TalentHunter.com. Anyone found linking images from TalentHunter.com to other sites, copying content from TalentHunter.com, or inappropriately linking to TalentHunter.com (to increase their views - through use of hidden frames, or using programs to artificially raise page views etc.) will result in permanent REMOVAL from Talenthunter.com without notification and may necessitate the notification of the appropriate State and/or Federal authorities.
11. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster.
12. As a member of TalentHunter.com - you will receive regular email updates and will be contacted by other system members seeking to work with you, and you will receive occasional email from the TalentHunter.com. As new features or member programs and promotions are developed and launched you will be informed via the postings to the site and also by email. We endeavor to limit email contact as much as possible from the system administrators, however when email is sent and returned with an email bad address, we will attempt to locate a correct address from any linked web site, and failing that your profile will be disabled (if you discover your profile has been disabled because of bad contact information, please contact us with the correct information and we will re-activate your profile.
13. This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California. By your usage of, or your posting to, this site constitutes your agreement to, but not limited to, the current conditions listed in this agreement.
14. TalentHunter is committed to catching pedophiles and anybody stalking minors. We encourage and support law enforcement officials in apprehending pedophiles. If you are seeking to use this site for any illegal purposes (especially those harming children) you will be caught.
15. TalentHunter offers offers several Gold membership subscription packages. Packages are billed in one lump sum. All subscriptions are re-billed for the respective amount following the last day of the subscription period. ALL SUBSCRIPTIONS ARE PART OF A SUBSCRIPTION INSTALLMENT PLAN AND WILL BE BILLED FOR A MAXIMUM OF THREE (3) YEARS STARTING WITH THE DATE SUBSCRIPTION IS CREATED BY MEMBER AND CAN BE CANCELED AT ANY TIME. PLEASE NOTE THAT ONCE YOU HAVE BEEN BILLED AND SERVICE HAS COMMENCED FOR THAT BILLING CYCLE, YOUR FEE FOR THAT BILLING CYCLE IS NON-REFUNDABLE. NO PRO-RATA REFUNDS WILL BE GIVEN FOR CANCELLATIONS IN THE MIDDLE OF A BILLING CYCLE. Talenthunter also offers a $4.99 3 day trial promotion from time to time. This 3 day trial automatically becomes a regular monthly subscription fee of $39.99 after the initial 3 day trial. Please refer to the cancellation instructions below if you do choose to cancel before the 3 days trial is over. All special offers that pertain to cancellation will resume billing once that special offer time period has expired, if you have chosen a special offer you must cancel it before the re-billing date to avoid further charges.
Gold memberships are subscriptions billed on an automatic recurring billing cycle. PLEASE NOTE THAT ONCE YOU HAVE BEEN BILLED AND SERVICE HAS COMMENCED FOR THAT BILLING CYCLE, YOUR FEE FOR THAT BILLING CYCLE IS NON-REFUNDABLE. NO PRO-RATA REFUNDS WILL BE GIVEN FOR CANCELLATIONS IN THE MIDDLE OF A BILLING CYCLE. IF A CHARGE IS DECLINED BY YOUR BANK YOU ARE STILL RESPONSIBLE FOR SUBSCRIPTION CHARGES UNTIL YOU CANCEL THE RESPECTIVE SUBSCRIPTION. WE RESERVE THE RIGHT TO CHARGE INTEREST ON ALL PAST DUE ACCOUNTS. WE ALSO RESERVE THE RIGHT TO CHARGE REASONABLE LEGAL FEES IF COLLECTION EFFORTS FAIL.
To cancel Gold subscriptions or to remove your profile online email cancellations@talenthunter.com (our system will send you an automatic response that includes a cancellation form to fill out), or send a written request including Username, User ID, and password to:
Talent Hunter
4335 Van Nuys Blvd. Suite 303
Sherman Oaks, CA 91403
or
Fax to: 818-907-1852
NOTE: IF PAID WITH PAYPAL, PLEASE INCLUDE THE PAYPAL EMAIL ADDRESS USED.
You must notify TalentHunter about any billing problems or discrepancies within 30 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 30 days, you agree that you waive the right to dispute such problems or discrepancies with TalentHunter.
**NOTICE**
CHARGEBACKS / DISPUTES
If you use a credit card, charge card, debit card, or PayPal to authorize a valid payment to TalentHunter.com, you agree not to chargeback or dispute the respective charge with the issuing bank or financial institution. If you chargeback or dispute a valid charge and service has been rendered, you agree to pay for collection costs and/or attorney fees should collection action be initiated. Disputing a charge that is valid is a serious and costly offense. All details, including original order form, username, IP addresses and access logs bearing members IP addresses and e-mail addresses may be forwarded to the issuing Credit Card Company (Fraud Division), F.B.I. (Credit Card Fraud Division) and all Credit Reference Agencies. Credit Card Fraud is a serious crime and will not be tolerated. If any matter requires attention please contact customer service at customersupport@talenthunter.com
16. Gold memberships are allowed full access to all the features available on TalentHunter including web hosting, own profile site, sub domain, photo gallery, messaging, star notification postings, virtual printable comp card and the Gold seal. The audition database is a free service provided to all Gold members. The information in the audition database are provided by Talenthunter members, TalentHunter does not warrant the accuracy and validity of any information provided.
17. ARBITRATION
PLEASE READ THIS PROCISION CAREFULLY, IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARVITRATOR’S DECISION WILL GENRALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. Any claim, dispute or controversy between You and Us (or made by or against anyone connected with you or Us, or claiming through You or Us) arising form or relating to Your membership (claim) including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement any Claim regarding the validity or enforceability of the arbitration provision shall be governed by the laws of the State of California without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9U.S.C. 1-16 (FAA), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek this includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at this time of the claim, any claim that is within the court’s jurisdiction and proceeds on an individual basis. The arbitration shall be conducted before a single arbitrator applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding.. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If you prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at www.adr.org Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Los Angeles County, California, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed. This arbitration provision applies to all Claims now in existence or that may arise in the future.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by emailing to:
abuse@talenthunter.com
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Talenthunter to pursue legal action to enforce the
Terms, you will be liable to pay Talenthunter the following amounts as liquidated damages, which you accept as reasonable estimates of Talenthunter's damages for
the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Talenthunter one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If Talenthunter establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay Talenthunter one hundred dollars ($100) for each violation
in excess of such limits or for each day on which you access Talenthunter in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Talenthunter members
through Talenthunter computer systems, you agree to pay
Talenthunter twenty five dollars ($25) for each such email.
d. If you post Content in violation of the Terms, other than as described
above, you agree to pay Talenthunter one hundred dollars ($100) for each
Item of Content posted. In its sole discretion, Talenthunter may elect
to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
Terms, in addition to any liquidated damages under clause (d), you agree to
pay Talenthunter one hundred dollars ($100) for each and every Item of Content
posted in violation of the Terms. A Posting Agent will also be deemed an agent
of the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the Terms) agrees to pay Talenthunter an additional one hundred
dollars ($100) for each Item of Content posted by the Posting Agent on
behalf of the principal in violation of the Terms.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the Terms without Talenthunter's express written permission,
you agree to pay Talenthunter three thousand dollars ($3,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay Talenthunter's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of the Terms, Talenthunter retains the right to seek the remedy
of specific performance of any term contained in the Terms, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in the Terms, or any combination thereof.
ALLEGED COPYRIGHT INFRINGEMENT
Website Notice - Designated Agent
PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES.
ANY INQUIRIES OTHER THAN RELATED TO THE DMCA WILL BE DELETED.
As required by the Digital Millennium Copyright Act of 1998 (!7 U.S.C. 512 (c), all notifications of claimed copyright infringement regarding Websites hosted by Monarch Holding Group, Inc. (TalentHunter.com) should be sent ONLY to our designated agent.
Monarch Holding Group, Inc.
4335 Van Nuys Blvd.
Suite 303
Sherman Oaks, CA 91403
Legal@talenthunter.com
If you believe a Website linked by Monarch Holding Group, Inc., or image infringes a copyright, you must provide the following information to the contact identified above ( 17 USCA ? 512 et al as amended):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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