e-Talenta Terms of Use

By accessing our Website, you accept these Terms of Use. Please read these Terms of Use carefully. If you do not agree with them, you must refrain from using our Website.


1.Definitions

"You" means any user of the Website, "we/us" means e-Talenta, its affiliates and its partners, "Website" means the website located at www.e-talenta.eu, including all its pages, "Content" means the information and other material available on the Website, including excerpts of films and audiovisual works.
2.Our Services

e-Talenta offers a variety of services. Some of these services are available to our users free of charge, others require payment. The range of services we offer is continuously expanded and further adapted to our users' requirements. A comprehensive description of the range of services currently offered is available on our Website, where you can select the services you are interested in. The then applicable version of these Terms of Use, including our Privacy Policy , applies to all services offered at any time.


3.Intellectual Property Rights

The Website and any Content are protected by intellectual property rights, such as in particular copyright. "e-Talenta" and related trademarks are protected in numerous countries.
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us.

You agree to refrain from copying, transmitting, distributing, publishing or commercially exploiting the Website and any part of the Content and to refrain from facilitating third parties to engage in any of these illicit activities. No derivative works of the Website or any parts of the Content may be created without prior permission by e-Talenta.

You are aware that you are personally and solely responsible for any Content or information that you upload, post or otherwise transmit to the Website or via the Website to any other recipient. You guarantee that information or Content provided by you does not infringe intellectual property rights, such as in particular trademarks and copyright, of third parties. We reserve the right to remove any Content from our Website without prior notice, if we consider such removal necessary to prevent third party claims. For the purpose of prevention of infringements of intellectual property rights, we may monitor or edit the Website or restrict access to it in whole or in part.

By uploading Content, you grant to e-Talenta an unlimited, royalty-free, sub-licensable, worldwide license to store and make publicly accessible such Content. At the same time, you guarantee that you are entitled to grant such license.

You agree to defend, indemnify and hold harmless e-Talenta from any claims and expenses, including reasonable legal fees, related to any intellectual property claims by third parties in connection with your use of the Site.

4.Warranty and Liability

We provide our Website and the Content on an "as is"-basis, employing due care and professional competence. Any warranties with regard to the Website or the Content are excluded. We cannot, in particular, make any warranties with regard to the completeness, the quality or the accuracy of the Website or the Content. e-Talenta is not obligated to screen its services for inappropriate content or inappropriate user conduct.

The Website is part of the open Internet. We cannot warrant the permanent accessibility of the Website or availability of our services, and assume no responsibility for damage arising from the loss of data or the inability to gain access to the Internet or to send, receive, upload or download information. Additionally, we will not assume responsibility for any damage caused by malicious software originating from third parties.

Our liability is excluded for direct or indirect loss, incidental and consequential damage, or loss of profits, earning, production or data, except in cases where the applicable law does not allow such exclusion.

We strive to provide accurate up-to-date information on our Website. Nonetheless, we cannot accept liability for reliance placed on any part of the Website or Content. It is your responsibility to verify the competence and qualification of any person you might enter into contact with in connection with your use of our services. We are not party to and not responsible for any agreements entered into between you and third parties via the Website, such as bookings, purchases of goods or services.

We will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content and/or the services resulting directly or indirectly from any cause or circumstance beyond our reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft or operator errors. We are under no obligation to store or backup your Content.

5.Use of the Site

By using the Website and/or any of our services, you confirm that you are of legal age in your jurisdiction. Minors can only benefit from our services if they are represented by their parents or their legal guardians, who enter into an agreement with e-Talenta in their own name and for the benefit of the minor. Parents or legal guardians remain responsible for all actions carried out under the subscription entered into for the benefit of a minor. e-Talenta cannot assume any liability in this respect.

Most parts of the Website are only accessible for registered users. Users choose their login information (ID and password) upon registration and are under a duty to keep this login information secret, to protect it from third party access and not to pass it on to third parties. You are only entitled to use an e-Talenta account if you are its registered user. You are solely responsible for any misuse of your login information. In case of loss or theft of your login information, you must notify e-Talenta immediately.

When using the Website, you agree to comply with all the following rules at all time:

1. Any unauthorized commercial use of the Website, its services and its Content is expressly prohibited.
2. Users must respect all applicable local, national and international laws and regulations.
3. The services must not be used to collect information about others, including e-mail addresses, without their consent or for any activities in connection with spamming or unsolicited e-mails.
4. It is prohibited to create a false identity or to otherwise attempt to mislead e-Talenta and/or others as to the identity of a user.
5. It is prohibited and potentially illegal to use the services for the dissemination of harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise unlawful or objectionable material of any kind or nature, or to infringe upon any person's privacy rights.
6. Users must not upload to the Website or otherwise transmit to us or to other users any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful programs.
7. The use of the services for the interference with or the disruption of networks, as well as the unauthorized access to the services, other accounts, computer systems or networks are strictly prohibited and might lead to criminal prosecution.
8. Users must not in any way interfere with other users' use and enjoyment of the Website and its services.

We reserve the right to approve or disapprove the registration of users as well as users’ Content and to suspend any user account or remove any Content at any time without prior warning at its sole discretion.

You agree to defend, indemnify and hold harmless e-Talenta from any claims and expenses, including reasonable legal fees, related to your use of the Website and our services.

6.Payment

Some of our services are provided free of charge, others require payment of a subscription or a transaction fee (as appropriate) at the rate in effect upon use of the service in question. We may offer to certain users limited "Free Trials" or other promotions, during which fees are reduced or suspended, at our sole discretion. During such promotions, users remain bound by these Terms of Use.  

All fees are payable upfront through credit card or bank transfer on e-Talenta’s bank accounts. In case of bank transfer, payments must be received within a maximum time of 30 days after subscription. If payment is not received within 30 days of subscription, e-Talenta shall be entitled to discontinue its services without prior notification and, upon 10 days written notice (e-mail shall suffice), to remove from the Website any of your Content

Each contract entered into with us regarding the provision of a specific service applies for the fixed period of the agreed term and may not be terminated during such a period. Subscriptions will renew per subscription unless cancelled. In any event and for whatever reason, we are not obliged to repay any subscription or transaction fees paid by users.
By using our Website you accept its Terms of Use, including our Privacy Policy. We may change and update the Terms of Use and this Privacy Policy from time to time. The latest versions of both documents can be consulted on our Website.  We therefore ask that you consult the Website regularly in order to ensure that you are informed of any changes. Continued use of the Website after entry into force of any changes constitutes your acceptance of the amended Terms of Use.
Our Website may contain links to third parties' websites. Please consult such third parties' terms of use and privacy policies before using their websites. While we endeavour to ensure that links on our Website lead to interesting and reliable websites, we cannot accept any responsibility for the content of third party websites or for the use of personal data on such websites.
Should any of the provisions of these Terms of Use be or become invalid, inapplicable or unenforceable, the validity of the remaining provisions shall not be affected. The invalid, inapplicable or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the intended meaning and purpose of the invalid provision.

7.Choice of law and Venue

These Terms of Use and all disputes arising from or in connection with use of the services and/or the contractual relationship between you and us are governed exclusively by the substantive laws of Switzerland. The courts of Zurich, Switzerland, shall have exclusive jurisdiction. We are, however, also entitled to bring action against a user at the user's domicile.

e-Talenta SA,
October 2008