TERMS OF SERVICE
Welcome to TalentOrg! Throughout the site, the terms “TalentOrg”, “we”, “us” and “our” refers to TalentOrg, Inc. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or using the services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein, available by hyperlink, as well as in any agreements you may directly enter into with us. These Terms apply to all users of the site, including without limitation users who are browsers, clients, companies, freelancers, customers, employers.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
If you are entering into these Terms on behalf of a company or other legal entity (“Organization”), you must have the legal authority to contractually bind such Organization to these Terms, in which case the terms “you” or “your” or “User” will refer to such Organization. If you lack such legal authority to contractually bind or you do not agree with these Terms, you must not accept these Terms or access or use the site or Service.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Service or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Our Services.
TalentOrg is a freelance recruitment and staffing marketplace (“Platform”) that identifies and recruits qualified independent contractors (“Contractors”) for on-demand, temporary, short- or long-term assignments in demand analysis, product design, UI design, development, testing, acceptance, maintenance, operation and maintenance, iteration, technical consultation, etc. (the “Assignments”). All references herein to the Services includes the Platform.
2. Access to the Platform.
a. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services, which includes the Platform, as permitted by the features of the Services. TalentOrg reserves all rights not expressly granted herein in the Services. TalentOrg may terminate this license at any time for any reason or no reason.
b. You acknowledge and agree that the Services are licensed solely for your own business or personal use and you may not use the Services for any other purposes, without prior written authorization from TalentOrg. You agree to not grant access to any third party for any purpose whatsoever without the prior written consent of TalentOrg; (b) make the Services, in whole or in part, available to any other person, entity or business; (c) sell, sublicense, lease, permit, transfer, copy, reverse engineer, decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used in the Services; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; (e) remove any proprietary notices from the software of elsewhere on the Services; or (d) modify, alter, integrate, combine the Services or associated software with any other software or services not provided or approved by us. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by these Terms. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. TalentOrg reserves all rights not expressly granted under these Terms.
c. You acknowledge that TalentOrg may from time to time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of these Terms will apply to all such upgrades.
a. In order to use certain of the Services, you will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account“). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. TalentOrg reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.
b. You may control your Account and how you interact with the Services by changing the settings in your Account. By accessing the Services and/or setting up an Account, you consent to having these Terms provided to you in electronic form and that all Terms, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our products or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
c. You are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify us if there is any unauthorized use of your Account(s) or any breach of security by emailing us at email@example.com.
4. Services Rules
a. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to post, develop, generate, transmit or store information or materials that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is threatening, harassing, defamatory, libelous, fraudulent, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.
b. The Services contain confidential and trade secret information owned or licensed by TALENTORG, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
c. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
5. User-Submitted Materials
a. The Platform includes functionality to enable you to upload your résumé, other employment- and career-related information, job orders, and/or other information related to your Organization, and may also enable you to submit comments and materials through interactive features such as message boards, other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”).
b. In addition, TalentOrg may use any reports, comments, ratings, reviews and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grants TalentOrg a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in any way whatsoever.
c. We may (but have no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Platform.
d. Submitted Materials may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media.
6. Social Media.
As part of the Services, you may be able to link your account with other accounts you have with third-party service providers (each a "Third-Party Provider Account") by: (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 breach by you of 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 making us subject 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 acknowledge and 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 available 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 additional information to the extent you are notified when you link your account with the Third-Party Provider Account. Depending on the Third-Party Provider Accounts you choose and subject to the privacy settings that you have set in such Third-Party Provider Accounts, personally identifiable information that you post to your Third-Party Provider Accounts may be available on and through your account on the Services. Please note that if a Third-Party Provider Account or associated service becomes unavailable or our access to such Third Party Provider Account is terminated by the third-party service provider, then Social Media Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Provider Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY PROVIDER ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Media Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. You acknowledge and 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 solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Provider Account by contacting us using the contact information below or through your account settings (if applicable).
7. Links To Other Web Sites.
Our Services may contain links to third-party websites or services that are not owned or controlled by Talentorg, Inc.
Talentorg, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse and do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Talentorg, Inc. shall not be 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 any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Proprietary Rights
a. You retain ownership of your Submitted Materials. You hereby grant TalentOrg a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
b. The Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “TalentOrg Content”), and all intellectual property rights related thereto, are the exclusive property of TalentOrg and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any TalentOrg Content. Use of the TalentOrg Content for any purpose not expressly permitted by this Terms is strictly prohibited. These Terms do not provide you with title or ownership of any of the Services or TalentOrg Content, but only a limited right to use the same solely upon the terms expressly set forth in these Terms.
TalentOrg cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. Third-Party Links and Information
12. Representations and Warranties
a. You represent and warrant that: (i) you have the power, right and authority to enter into these Terms, and are capable of forming a binding contract: (ii) you own or have sufficient rights in and to the Submitted Materials you submit through the Services to grant the licenses set forth in these Terms, and that any use by TalentOrg of such Submitted Materials as contemplated by these Terms and your use of the Services will not infringe on the rights of any third party or violate any applicable laws or regulations. You further represent and warrant that the Submitted Materials are complete and accurate, and shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, or other proprietary or property right, false advertising, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; or (b) contain any material that is unlawful, untrue, fraudulent, threatening, defamatory, obscene, profane or hateful.
13. No Warranty
a. THE SERVICES AND ALL INFORMATION, DOCUMENTS AND OTHER MATERIALS, PROVIDED ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY RELIANCE OR USE OF CONTENT OR SUBMITTED MATERIALS POSTED VIA THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TALENTORG DOES NOT WARRANT THAT THE TALENTORG CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ITS OR THEIR USE.
d. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALENTORG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF TALENTORG HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALENTORG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TALENTORG BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TALENTORG HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Governing Law and Dispute Resolution
a. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the state of Delaware without regard to principles of conflicts of laws. Both parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to its breach, shall be commenced in New Castle County, Delaware, in a court of competent jurisdiction. Both parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both parties hereby waive and forever renounce the right to a trial before a civil jury.
b. Dispute Resolution. Notwithstanding the above, for any dispute, the parties agree to first attempt to resolve the dispute informally. In the event that the parties are unable to resolve a dispute after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief which may be brought in federal or state courts situated in New Castle County, Delaware) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for JAMS. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New Castle County, Delaware, unless you and TalentOrg agree otherwise. The arbitrator, witness, party representative, counsel, expert or staff may participate by video conference where such participant (when participating) can be heard and seen (i.e., Zoom). Each Party will be responsible for paying its applicable JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In the event any action is brought to enforce any provision of the Agreement or to declare a breach of the Agreement, the prevailing Party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby. Nothing in this Section shall be deemed as preventing TalentOrg from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened violation of section 7 herein.
c. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. DMCA Notice
a. We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
● Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material.
● Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
● Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
b. Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to firstname.lastname@example.org.
a. Notification Procedures and Changes to the Terms. TalentOrg may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by TalentOrg in our sole discretion. TalentOrg reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. TalentOrg is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. TalentOrg may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
b. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
c. Entire Agreement / Severability. These Terms, and any other agreement you may enter into with TalentOrg directly, shall constitute the entire agreement between you and TalentOrg concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect
d. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and TalentOrg’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
e. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms.
f. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution., limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.
These Terms were last updated on May 1, 2023.