Terms of Use

Last Updated: 10 November 2021

  1. INTRODUCTION

These terms and conditions (“Terms”) govern the relationship between you, as a visitor and/or user of our website [mediafoundry.talenthouse.com] (the “Website”) and us, Talenthouse IP, LLC, 827 Santa Barbara Dr., Farmington, NM, 87401, USA. Company number: 6268714 (“we”, “us” or “our”). By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. We may make changes to these Terms from time to time which will apply to you from the time the updated Terms are made available on our Website. You are encouraged to review these Terms from time to time. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources and take no responsibility or liability in relation thereto.

  1. USING THE WEBSITE

2.1 You are only permitted to use the Website in a lawful and proper manner in accordance with all applicable laws and regulations and in accordance with these Terms.

2.2 You warrant that you will not use our Website (including by posting any content via our Website): (a) in any way that would be illegal or promoting illegal activities, obscene, defamatory or derogatory to us, our Website or of any third party, harmful or infringing; (b) in a way which would infringe any third party rights including intellectual property rights and/or data privacy rights; and (c) which would give our Website viruses, corrupted files, or use any other software or programs that may interfere with or damage the Website or the equipment of any third party using the Website.

2.3 You are solely responsible for having the equipment and appropriate internet connection to be able to access and use our Website.

  1. INTELLECTUAL PROPERTY RIGHTS

3.1 We and our licensors own all intellectual property rights in and to the Website and its content. Use of our Website does not grant you any ownership in and to the Website and its content. You may only use our Website and its content as described under these Terms.

3.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.

3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4 You must always acknowledge us or our licensors as author of the content.

3.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

  1. WARRANTY & LIABILITY

4.1 We will exercise all reasonable skill and care in providing the Website.

4.2 Subject always to clause 4.3, we however cannot guarantee that the Website: (a) will always be available; and (b) will be free from risks of virus which could infect your equipment and do not take on any liability in relation thereto.

4.3 We shall not under any circumstances whatever be liable to you, whether in contract, tort, breach of statutory duty or otherwise arising under or in connection with these Terms for: loss of profits, sales, data, business or revenue; loss of anticipated savings; loss of business opportunities, goodwill or reputation; any special, indirect or consequential loss, damage, charges or expenses.

4.4 You acknowledge and agree that our liability to you for any claim under these Terms shall be limited to an amount equal to £100.

4.5 Nothing is these Terms shall limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by applicable law.

  1. YOUR LIABILITY

You shall indemnify us against any losses, damages, expenses and liabilities we suffer as a result of: (a) a breach by you of these Terms; and/or (b) any claim that the content you upload to our Website or your use of our Website infringe any third party rights including intellectual property rights and/or data privacy rights.

  1. TERMINATION

6.1 We may terminate your use of our Website or suspend it (whether for a set period of time or permanently) for any reason at our sole discretion without liability to you.

6.2 Either party may also terminate these Terms if the other party commits a breach of these Terms.

6.3 Upon termination, you shall no longer access nor use the Website and all liabilities and rights accrued shall not be affected by such termination.

  1. GENERAL

7.1 No Waiver. Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of any of our rights.

7.2 Third Party Rights. These Terms are not intended to be for the benefit of, and shall not be exercisable by, any person who is not party to these Terms.

7.3 Severability. If any clause or part of it is deemed invalid or unenforceable, then it shall be deemed deleted.

7.4 Entire Agreement. These Terms, and as applicable our Platform User Terms and Conditions, Creator Terms and Conditions and Client Terms and Conditions, constitute the full agreement between you and us in relation to your use of the Website and supersede any other agreement, understanding or statement between you and us.

7.5 Applicable Law. These Terms are governed by the laws of England and you and us agree to submit to the exclusive jurisdiction of the courts of England & Wales.