Talent for LIFE®: Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Talent for LIFE® web site located at www.talentforlife.com, and all associated sites linked to www.talentforlife.com by Talent for LIFE®, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Talent for LIFE®, LLC ("Talent for LIFE®") and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Talent for LIFE® reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Talent for LIFE® grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Eligibility

You must be eighteen or over or represented by someone eighteen or over to signup and/or to use the Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the Terms of Use.

Fans

You may signup with Talent for LIFE® as a fan ("Fan") in order to access certain areas and features of the Site that are not accessible to the general public.

Artists

If you are a musician, singer, or band ("Artist"), you may signup with Talent for LIFE® and create an Artist account. Once your account has been successfully activated through email verification, your account will be placed in a pending status ("Pending").

As a Pending Artist, you may submit your original song(s) for screening by a panel of Talent for LIFE® judges ("Talent Executives"). If your song is unanimously approved by the Talent Executives, you will be notified via email, a short clip of your song will be featured on the Site's JukeBar™ random-play mp3 player ("JukeBar"), and the full-length version of your song will be available for purchase by Site visitors. Your account will then become fully functional ("Active"), enabling you to add content to your Artist page and access other features of the Site. You must have at least one approved song in order for your account to become Active. You will receive 100% of the purchase price for downloads of your song(s).

Song Submissions

For Artists submitting songs, your SONGS MUST BE ORIGINAL MATERIAL OR PUBIC DOMAIN MATERIAL ONLY. Remakes of existing songs by other Artists ("Covers") do not qualify and will not be considered. You must be the copyright owner or have written permission from the copyright owner(s) for any songs submitted to Talent for LIFE®. Talent for LIFE® will not held responsible for any copyright infringement caused by fraudulent song submission and Talent for LIFE® will cooperate with the proper authorities in providing information relevant to the prosecution of anyone violating copyright laws.

Songs from all genres of music are welcome. Talent for LIFE® Talent Executives will judge your song(s) based on criteria such as, but not limited to: musical excellence, recording quality, moral content, and audience appeal. There is no limit to the number of songs you may submit to Talent for LIFE®.

Upon submission of your song to Talent for LIFE® using the Site via mp3 file upload, the Talent Executives will be notified via email of your song for review. The decisions of the Talent Executives will be final. However, if your song is not accepted, you are free to make changes to your song and submit it again for consideration by the Talent Executives. If you elected to receive feedback about your song from the Talent Executives at the time of song submission, you will be provided with any constructive criticism about your song by the Talent Executives via email.

You may also submit a song to Talent for LIFE® via regular mail to the address below. You must include a valid email address and indicate your election to receive feedback or not. Media sent to Talent for LIFE® will not be returned to you and becomes the possession of Talent for LIFE®. By submission of a song via regular mail, you agree to the Terms of Use.

Talent for LIFE® reserves the right to change the staff of Talent Executives at any time without prior notice.

For Fans submitting a song on behalf of an Artist, you must provide a valid email address of the Artist so in the event of song approval by the Talent Executives, Talent for LIFE® can contact the Artist for permission and copyright validation before adding the song to the Site. If the Artist is not a member of Talent for LIFE®, you may be required to pay a one-time signup fee for the Artist, if applicable.

You agree to indemnify and hold Talent for LIFE®, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Talent for LIFE® by any third party due to or arising out of any copyright infringement on the Site.

Commissions

For Artists, in order for you to receive commission payments for any of your song(s) that have been purchased ("Commissions"), Talent for LIFE® recommends that you setup a PayPal account ("Pay Account") and then Talent for LIFE® will electronically send any due Commissions to your Pay Account on the fifteenth day of each month. If you would rather receive a check for any due Commissions, there will be a $2.00 per occurrence fee ("Check Fee") for this service. Any Check Fee will be deducted from your Commissions for the current pay period unless the Commission is less than $2.00, in which case, no Commission will be paid for that month and the balance due will be carried forward to the next month. Checks for Commissions will be mailed on the fifteenth day of each month to Artists that have Commissions due. You are responsible for making sure that your Pay Account email address and physical address are up-to-date at all times. You can make an election for your payment preference in your account settings. The default payment setting for Commissions is by check.

Signup Fees

Talent for LIFE® may require a one-time signup fee ("Signups") for the creation of your account. Promotional codes ("Promo Codes") may be occasionally offered by Talent for LIFE® for discount or waived Signups. Talent for LIFE® reserves the right to allow or deny Promo Codes at any time without notice.

Song Downloads

Talent for LIFE® offers downloads of digitized versions of Artist's audio recordings as mp3 files ("Digital Content"). Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

You represent, warrant and agree that you will use the Digital Content only for your personal, non-commercial, entertainment use and not for redistribution. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

You agree that Talent for LIFE® has no liability to you for Digital Content you find to be offensive, indecent or objectionable. The Digital Content may include unique identifiers that are specific to you or your purchase.

Refunds & Returns

All sales of Signups and Digital Content are final and are not refundable. Talent for LIFE® will not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download, please contact Talent for LIFE® for assistance using the Contact Us link. If you are having trouble downloading your Digital Content, you may request to have your Digital Content emailed to you. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content without notice.

Talent for LIFE® may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Talent for LIFE® makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Talent for LIFE® requires a unique email address to create your Artist, Fan, or customer account so we can contact you with information relevant to Talent for LIFE®, such as Artist approval notices, information regarding songs submitted, account status, order confirmations, and promotional information (not by third parties!). Fans and customers may opt-out of receiving emails anytime by simply clicking an opt-out link in the email. However, by placing an order with Talent for LIFE®, any Fan or customer with an opt-out status will be automatically converted to opt-in status, which is necessary in order to receive order confirmations and/or download links. Artists are not able to opt-out of receiving emails. Talent for LIFE® must be able to contact Artists with important account information.

Talent for LIFE® Signups as well as joining as a Fan require you to create a password for your account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Talent for LIFE® immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Talent for LIFE® or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's password or account at any time without the express permission and consent of the holder of that password or account. Talent for LIFE® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Term

The Terms of Use will remain in full force and effect while you use the Site. You may terminate your registration at any time, for any reason by following the instructions in the Cancellation section of your Account Settings. Talent for LIFE® may terminate your account effective upon sending notice to you at the email address you provide in your application for registration, or such other email address as you may later provide to if you have breached the Terms of Use and you will not be entitled to any refund of Signup Fees.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Talent for LIFE®, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent from Talent for LIFE®.

You understand and agree that Talent for LIFE® may review and delete any content, files, photos or profiles (collectively, "Content") that in the sole judgment of Talent for LIFE® violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Site, or transmit to others.

By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Talent for LIFE® an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Talent for LIFE® reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating account access of such violators. It includes Content that:

(a) Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) Harasses or advocates harassment of another person;
(c) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
(d) Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) 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 manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(f) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(h) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Your Use of the Site

It is a violation of the Terms of Use to use any information obtained from the Site in order to harass, abuse, or harm another person. Talent for LIFE® reserves the right to restrict the number of emails you may send to other Site members in any 24-hour period to a number which Talent for LIFE® deems appropriate in its sole discretion.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Talent for LIFE® reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Talent for LIFE® server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Talent for LIFE®, including any Talent for LIFE® account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, systems or networks of Talent for LIFE®, or any systems or networks connected to the Site or to Talent for LIFE®.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Talent for LIFE® on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Talent for LIFE® or others.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please contact Talent for LIFE® immediately.

Privacy

The Talent for LIFE® Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Talent for LIFE® Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of Talent for LIFE®, and Talent for LIFE® is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

TALENT FOR LIFE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TALENT FOR LIFE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TALENT FOR LIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TALENT FOR LIFE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TALENT FOR LIFE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TALENT FOR LIFE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Talent for LIFE® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Talent for LIFE® be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Talent for LIFE® has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Talent for LIFE® is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the liability of Talent for LIFE® shall in no event exceed the greater of (1) the total of any fees or charges with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Talent for LIFE® or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

Violation of These Terms of Use

Talent for LIFE® may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Talent for LIFE® rights or property, or the rights or property of visitors to or users of the Site, including Talent for LIFE® customers. Talent for LIFE® reserves the right at all times to disclose any information that Talent for LIFE® deems necessary to comply with any applicable law, regulation, legal process or governmental request. Talent for LIFE® also may disclose your information when Talent for LIFE® determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Talent for LIFE® may preserve any transmittal or communication by you with Talent for LIFE® through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Talent for LIFE® determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Talent for LIFE®, its employees, users of or visitors to the Site, and the public.

You agree that Talent for LIFE® may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Talent for LIFE®, for which monetary damages would be inadequate, and you consent to Talent for LIFE® obtaining any injunctive or equitable relief that Talent for LIFE® deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Talent for LIFE® may have at law or in equity. You agree that Talent for LIFE® may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Talent for LIFE® does take any legal action against you as a result of your violation of these Terms of Use, Talent for LIFE® will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Talent for LIFE®. You agree that Talent for LIFE® will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Wisconsin without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Oconto County, Wisconsin, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Talent for LIFE® and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Talent for LIFE® administers and operates the www.talentforlife.com Site from its location in Little Suamico, Wisconsin USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Talent for LIFE® reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Talent for LIFE® with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Talent for LIFE® with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Talent for LIFE®, Talent for LIFE® will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Talent for LIFE® failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Talent for LIFE® of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Talent for LIFE® and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Talent for LIFE® shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.

Talent for LIFE®, LLC, P.O. Box 51, Little Suamico, WI 54141, USA

Updated by Talent for LIFE®, LLC on Apr 24, 2011