TermsConditions
Talent Launchpad Service Agreement
Last Updated August 30, 2008
This Talent Launchpad Service Agreement ("Agreement") is made by and between Talent Launchpad, Inc., a California corporation ("Talent Launchpad" or "Company") and you. By affirming that you agree with these terms, or accessing or using any part of this website (the "Site"), you agree that you have read and agree to the terms of this Agreement for all past, present and future uses of the Site. The provisions of this Agreement also apply to any Talent Launchpad software ("Software") downloaded onto your personal computer. Talent Launchpad reserves the right to make changes to any part of this Agreement at any time without notification to you. The changes will apply to your use of the Site and to any use of the Software that you make after Talent Launchpad posts such changes on the Site. Therefore, you should review this Agreement as posted on the Site from time to time.
Your Ability to Enter into the Agreement
You affirm that you are either more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to Talent Launchpad unless you are at least 13 years old, even if you have the consent of a parent or guardian to do so.
General Contest Rules and Conditions
The Site facilitates the operation of online contests ("Contests") by users and other sponsors. Set forth below are the general terms and conditions ("General Rules") for organizing and participating in a Contest on the Site. Some Contests will have their own particular rules ("Official Rules"), and the Official Rules will govern and control the conduct of that Contest and supersede these General Rules to the extent of a conflict.
Organizing and Participating in a Contest: Any authorized user of the Site may organize a Contest. This person is referred to as the "Contest Organizer. " The Contest Organizer is responsible for establishing any Official Rules for that Organizer's Contest. Any authorized user of the Site may submit an entry in a Contest based on the qualification rules established for the contest. These persons are referred to as "Entrants. " Talent Launchpad may be the Contest Organizer for some Contests, which may have a sponsor who provides prize(s) for the Contest ("Sponsor"). By participating in a Contest, participants certify that he/she has followed, and agrees to be bound by, the Official Rules of the Contest, as well as these General Rules and the Terms of Service. All Entrants consent to use of name, likeness, entry material in any manner by Talent Launchpad or the Sponsor or any other promotional partners for advertising and trade without further compensation, unless prohibited by law. By participating in a Contest, participants agree to be bound by the decisions of Sponsor, which are final.
Eligibility in non-prize contests: All Talent Launchpad members are eligible to enter any Contest on Bix that does not have a prize (a "Free Contest"), in accordance with these General Rules and any Official Rules on the Contest page for that Contest.
Eligibility in for-prize contests: Unless otherwise provided in the Official Rules, Contests with a prize ("For-Prize Contests") are open to legal residents of the 50 United States and the District of Columbia who, as of the date of entry submission, have attained the age of majority in their state of residence, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these General Rules and the Official Rules. Employees of Talent Launchpad, its affiliates, subsidiaries, Sponsors, advertising, promotion agencies, and their immediate families and those living in same household of each are not eligible to participate in any For-Prize Contest. You may enter more than once in any Contest; however, each entry must be accompanied by a unique performance or work created by you.
Duration and Entry: Contests begin the moment that a Contest Organizer creates the Contest by posting it on a page of the Site (the "Contest Page"). All Contests end at 6:00 PM Central Time on the date specified on the Contest Page. Contests may be designated by the Contest Organizer as either "open" or "closed." For open Contests, you may enter the Contest through the Contest Page. For closed Contests, the Contest Organizer must invite you to participate in the Contest. Unless otherwise noted in the Official Rules, no purchase is necessary for any Contest. The Contest Organizer may specify eligibility requirements for each contest on the Contest Page or in the Official Rules.
Invitations: If you are a Contest Organizer, or if you are an Entrant, you are encouraged to share your Contest or entry in the Contest with friends and family and ask them to create a free Talent Launchpad account and participate in your Contest or vote for your entry. However, no Contest Organizer or Entrant is permitted to send "spam," as further described under "User Conduct" below. You may not create multiple accounts for the purpose of voting more than once for an entry. Noncompliance with these or any other General Rule or Official Rule will result in disqualification and legal action as necessary.
Submission of Entries: Unless otherwise noted in the Official Rules, entries must only depict the original performance (e.g., singing) or work (e.g., photography) of the Entrant. Any entry or comment which in the sole opinion of the Contest Organizer, a Sponsor or Talent Launchpad is deemed inappropriate (e.g., defamatory or depicts nudity, violence or inappropriate acts, etc.) or which otherwise violate these General Rules, the Official Rules for the Contest, or these Terms of Service will be removed, and the Entrant may be disqualified. All submitted content must be in the language of the website where the contest was created (e.g., Talent Launchpad uses English) unless otherwise noted in the Official Rules.
Voting:In a thumbs up/down contest, users who have confirmed registration status with the Site will have the opportunity to cast one vote in the affirmative for each performance or work they feel is entertaining or otherwise best meets the selection criteria, if any, in the Official Rules. In the case of a faceoff contest, an unregistered user may vote for one of the two entries in each match-up. If the same user is presented with the same matchup a second time, only their latter vote will win the contest. In some faceoff contests, registration may be required as indicated when the vote is placed. The general voting will end on the date specified on the Contest page, at 6:00PM Central Time. On or about that same date, Talent Launchpad will total the number of eligible votes received and contact the winner about the prize shortly after that date. Bix may apply a weight to votes based on a trust based scoring system that factors in voter accuracy and potential fraud.
Contest Organizer Tools: Contest Organizers have the right, within their own Contests, to remove entries, comments and votes that violate these General Rules, the Official Rules for the Contest or these Terms of Service.
Prize:Prizes are provided by the Contest Organizer or a Sponsor. Not all Contests will have a prize. The details of the prize and associated worth of the prize are provided either in the Official Rules or on the Contest Page.
Winners:To find out the name of the winner(s) of a Contest, visit the Contest Page after the specified Contest end date. Non-verified winners may be notified by email and must respond within 4 days of transmission. If Talent Launchpad or the Sponsor does not receive response with this time period, the winner may be disqualified and an alternate winner will be determined. Winners may make no substitution or transfer of prize. All federal, state and local income taxes are sole responsibility of winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. Talent Launchpad is not responsible for any prize awarded by any Sponsor, including for any warranty, support or other services associated with the prize.
Submission of Content
The Site and Software may enable you to create content ("Content") that you submit to Talent Launchpad for display on the Site, whether as an entry in a Contest or otherwise. Subject to:
1. Company's ownership of any underlying code incorporated into Content that you create with the Software; and
2. Company's or third parties' ownership of material on the Site, such as lyrics and music, that may be incorporated in Content you provide to Company, you retain ownership of the copyright and other intellectual property rights in the Content, including but not limited to your performance.
You hereby grant to Company a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit any Content that you submit to Company. Company may do any or all of the foregoing for any purpose necessary or relating to the Company's services, products or advertising. Any Content that you submit is deemed non-confidential, and Talent Launchpad shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.
You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Talent Launchpad to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Site and this Agreement. Company has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party.
You agree that Talent Launchpad is not responsible for any violations of any intellectual property rights in any Content that you submit to Talent Launchpad. You understand that by using these services that your Content will be publicly available to others and that Talent Launchpad has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.
What to Do if you Believe Anything on this Site Infringes Your Intellectual Property Rights
If you are a copyright owner or agent of an owner and believe that Content on this Site or anything else on this Site infringes your intellectual property rights, please provide Talent Launchpad's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
User Conduct
You agree not to use the Site to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Talent Launchpad official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content submitted to the Site;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except that you may provide promotional materials in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
11. intentionally or unintentionally violate any applicable local, state, national or international law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.
Site Availability
You understand that the Site may be taken down for maintenance from time to time and that most Site features, including access to Contests, will not be available during that time.
Termination of Services
You may establish only one account per person, and up to two accounts per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the India.
Talent Launchpad reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate or run contests.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Talent Launchpad, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Talent Launchpad MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. Talent Launchpad DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Talent Launchpad WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL Talent Launchpad, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Talent Launchpad SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Talent Launchpad from its facilities in the United States of America. Talent Launchpad makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Talent Launchpad must be resolved by a court located in San Mateo County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.