Social Media Holdings ("ForTalent" or "we") operates ForTalent.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by ForTalent include any ForTalent -branded URL (the " ForTalent Website"), and other features (for example, music and video embedded players), and any other features, content, or applications offered from time to time by ForTalent in connection with ForTalent business (collectively, the " ForTalent Services"). The ForTalent Services are hosted in the United States.
ForTalent may modify this Agreement from time to time and such modification shall be effective upon posting by ForTalent on the ForTalent Website. Your continued use of the ForTalent Services after ForTalent posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the ForTalent Services and that you provide to other Users. Your ForTalent profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other ForTalent Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ForTalent assumes no responsibility or liability for this material. If you become aware of misuse of the ForTalent Services by any person, please click on the "Contact ForTalent" or the "Report Abuse" link at the bottom of the ForTalent Website pages.
ForTalent reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ForTalent Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ForTalent expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ForTalent Services if ForTalent determines, in its sole discretion that you have violated this Agreement or pose a threat to ForTalent and/or its Users.
Proprietary Rights in Content on ForTalent
6.1 ForTalent does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ForTalent Services. After posting your Content to the ForTalent Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the ForTalent Services, you hereby grant to ForTalent a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the ForTalent Services, including without limitation distributing part or all of the ForTalent Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the ForTalent Website. This limited license does not grant ForTalent the right to sell or otherwise distribute your Content outside of the ForTalent Services. After you remove your Content from the ForTalent Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the ForTalent Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the ForTalent Website as soon as practicable after you make the change.
6.2 The license you grant to ForTalent is non-exclusive (meaning you are free to license your Content to anyone else in addition to ForTalent), fully-paid and royalty-free (meaning that ForTalent is not required to pay you for the use on the ForTalent Services of the Content that you post), sublicensable (so that ForTalent is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ForTalent Services), and worldwide (because the Internet and the ForTalent Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the ForTalent Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the ForTalent Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ForTalent Services.
6.4 The ForTalent Services contain Content of ForTalent ("ForTalent Content"). ForTalent Content is protected by copyright, trademark, patent, trade secret and other laws, and ForTalent owns and retains all rights in the ForTalent Content and the ForTalent Services. ForTalent hereby grants you a limited, revocable, ForTalent nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the ForTalent Website and using the ForTalent Services.
6.5 The ForTalent Services contain Content of Users and other ForTalent licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ForTalent Services.
6.6 ForTalent performs technical functions necessary to offer the ForTalent Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ForTalent Services.
7.1 ForTalent may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ForTalent violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ForTalent assumes no responsibility for monitoring the ForTalent Services for inappropriate Content or conduct. If at any time ForTalent chooses, in its sole discretion, to monitor the ForTalent Services, ForTalent nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the ForTalent Services, and any material or information that you transmit to other Members and for your interactions with other Users.
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ForTalent Services. ForTalent reserves the right to investigate and take appropriate legal action against anyone who, in ForTalent'S sole discretion, violates this provision, including without limitation, removing the offending Content from the ForTalent Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of ForTalent:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from ForTalent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activity that is illegal or prohibited on the ForTalent Website and through your use of the ForTalent Services. ForTalent reserves the right to investigate and take appropriate legal action against anyone who, in ForTalent's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ForTalent Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, ForTalent reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ForTalent deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the ForTalent Services, you acknowledge that you will have caused substantial harm to ForTalent, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ForTalent $50 for each such unsolicited email or other unauthorized commercial communication you send through the ForTalent Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ForTalent Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any ForTalent page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the ForTalent Services or the networks or services connected to the ForTalent Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for band, comedy, filmmaker and other profiles containing a ForTalent player, copying the code for your ForTalent Player and embedding it (or directing others to embed it) anywhere other than your band profile on ForTalent;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the ForTalent Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ForTalent Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
8.30 using the ForTalent Services in a manner inconsistent with any and all applicable laws and regulations.
Please contact us at: Contact ForTalent (support@ForTalent.com) with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.